If:
(a) a care recipient is absent from a residential care service on a particular day; and
(b) the care recipient is not on * leave from the residential care service on that day; and
(ba) the care recipient would have been on leave from the residential care service on that day under subsection 42 - 2(3) except that the care recipient had previously been on leave under that subsection, during the current financial year, for 52 days;
the maximum fee in respect of a day that can be charged for reserving a place in the residential care service for that day is the amount:
(c) determined by the Minister by legislative instrument; or
(d) worked out in accordance with a method determined by the Minister by legislative instrument.