Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p19
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 47832–50508

by the Secretary with respect to his or her powers under paragraph (4)(a).

Note: See section 65T for when the principles come into force.

"Division 3—Payment of certain moneys to the Commonwealth

If paragraphs 65C(1)(c) and (d) investigations done—direction to purchaser to pay amount to the Commonwealth

"65H.(1) If investigations of the kind referred to in paragraphs 65C(1)(c) and (d) have been ordered in respect of an approved nursing home, the Secretary may, in writing, direct the purchaser of the nursing home to pay to the Commonwealth on or before the notified day for completion of sale of the nursing home:

   (a) so much of the purchase price as is equal to the sum of:

         (i) the amount of the overpayment established by the first investigation undertaken in respect of the operation of the nursing home; and

         (ii) the amount determined under paragraph 65D(1)(b) in respect of the nursing home; or

    (b) if the purchase price is less than the sum of the amounts referred to in subparagraphs (a)(i) and (ii)—the purchase price.

"(2) If the purchaser payment is more than the overpayment established by the first investigation:

    (a)     so much of the purchaser payment as equals the overpayment is taken to have been paid in settlement of the amount due by the vendor to the Commonwealth in respect of the overpayment; and

    (b)     the balance of the purchaser payment is taken to be money ('trust money') held in trust by the Commonwealth for the benefit of the proprietor of the nursing home until the second investigation carried out in respect of the nursing home is completed.

"(3) If the purchaser payment is equal to or less than the overpayment established by the first investigation, the whole of the purchaser payment is taken to be paid in settlement, or part settlement (as the case may be), of the amount due by the vendor to the Commonwealth in respect of the overpayment.

  "(4) When the second investigation is completed:

    (a) if the trust money is more than the overpayment (if any) established by the second investigation:

         (i) so much of it as is equal to the overpayment is taken to have been paid to the Commonwealth in settlement of the amount due to the Commonwealth by the vendor in respect of the overpayment; and

         (ii) the remainder of the trust money is to be paid to the vendor; or

    (b) if the trust money is equal to or less than the overpayment in respect of the second investigation period, it is taken to have been paid to the Commonwealth in settlement, or part settlement, of the amount due to the Commonwealth by the vendor in respect of the overpayment.

"(5) Money