Aged Care (Accommodation Payment Security) Act 2006

The Minister may, at a particular time, make a refund costs recoupment determination relating to one or more refund declarations if:

before that time, the Minister has informed the Treasurer and the Finance Minister that the Minister intends to make a refund costs recoupment determination relating to those refund declarations; and

at that time, the Commonwealth has not recovered all of each refund amount in relation to those refund declarations; and

at that time, the Commonwealth has not previously made a refund costs recoupment determination relating to each of those refund declarations.

A refund costs recoupment determination must:

be in writing; and

specify the refund declarations to which the determination relates; and

specify the costs recoupment amount (see subsection (3)); and

specify the default event declaration to which the determination relates (see subsection (4)).

The costs recoupment amount specified in a refund costs recoupment determination is the amount equal to the sum of each refund amount that:

is specified in a refund declaration specified in the determination; and

has not been recovered by the Commonwealth at the time the determination is made.

A default event declaration is a default event declaration to which a refund costs recoupment determination relates if the making of the default event declaration was a precondition of the making of the refund declarations specified in the refund costs recoupment determination.

A refund costs recoupment determination is not a legislative instrument.