Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p21
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 21/53)
Character Range: 390601–393291

administration of the estate of the care recipient; or
 (b) if the care recipient is to *enter another service to receive residential care within the 90 day period:
 (i) if the care recipient has notified the former approved provider of the move more than 14 days before the day on which the former approved provider ceased providing care to the care recipient—on the day on which the former approved provider ceased providing that care; or
 (ii) if the care recipient so notified the former approved provider within 14 days before the day on which the former approved provider ceased providing that care—within 14 days after the day on which the notice was given; or
 (iii) if the care recipient did not notify the former approved provider before the day on which the former approved provider ceased providing that care—within 14 days after the day on which the former approved provider ceased providing that care; or
 (c) in any other case—within the 90 day period.
 (4) A person commits an offence if:
 (a) the person is required under this section to refund an amount on a particular day or within a particular period; and
 (b) the person does not refund the amount before that day or within that period; and
 (c) the person is a *corporation.
Penalty for a contravention of this subsection: 30 penalty units.

52P‑3  Payment of interest
 (1) The Fees and Payments Principles may specify circumstances in which interest is to be paid in relation to the refund of:
 (a) a *refundable deposit balance; or
 (b) an *accommodation bond balance; or
 (c) an *entry contribution balance.
 (2) The amount of interest is to be worked out in accordance with the Fees and Payments Principles.

52P‑4  Delaying refunds to secure re‑entry
 (1) This section applies if a person who has paid a *refundable deposit or *accommodation bond for care provided by, or *entry to, a residential care service or flexible care service:
 (a) ceases to be provided with residential care by the residential care service (other than because the person is on *leave); or
 (b) ceases to be provided with flexible care by the flexible care service.
 (2) The person may agree with the approved provider concerned to delay refunding the *refundable deposit balance or *accommodation bond balance on condition that, if the person requests re‑entry to the service, the approved provider must:
 (a) allow *entry to the person, if:
 (i) there are any *places vacant in the service; and
 (ii) in a case where the service is a residential care service—the person has been approved under Part 2.3 as a recipient of residential care; and
 (b) if the person is allowed entry—apply the *refundable deposit balance or *accommodation