Aged Care Act 2024

An entity commits an offence if:

the entity is a registered provider; and

the entity uses a refundable deposit; and

the use of the refundable deposit is not permitted by section 310; and

at a particular time during the period of 5 years after the use of the refundable deposit, both of the following apply:

an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;

there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity.

A person commits an offence if:

the person is a responsible person of a registered provider (the entity); and

the entity uses a refundable deposit; and

the use of the refundable deposit is not permitted by section 310; and

the person knew that, or was reckless or negligent as to whether:

the refundable deposit would be used; and

the use of the refundable deposit was not permitted; and

the person was in a position to influence the conduct of the entity in relation to the use of the refundable deposit; and

the person failed to take all reasonable steps to prevent the use of the refundable deposit; and

at a particular time during the period of 5 years after the use of the deposit, both of the following apply:

an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;

there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity; and

at the time the refundable deposit was used, the entity was a corporation.

Strict liability applies to paragraphs (1)(d) and (2)(g) and (h).