Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 26, 2006
Compilation No. 10
Compilation date: 18 February 2020
Includes amendments up to: Act No. 6, 2020
Registered: 24 February 2020
About this compilation
This compilation
This is a compilation of the Aged Care (Accommodation Payment Security) Act 2006 that shows the text of the law as amended and in force on 18 February 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline
4 Application of this Act
5 Binding the Crown
Part 2--Insolvency event declaration
7 Making of insolvency event declaration
8 Notice of insolvency event declaration
Part 3--Requirement to notify Secretary of certain insolvency events
9 Notice of certain insolvency events
Part 4--Default event declaration
10 Making of default event declaration
11 Notice of default event declaration
Part 5--Refund declaration
12 Secretary to determine certain matters
13 Making of refund declaration
13A Additional refund declaration where refund by approved provider or former approved provider void or voidable
14 Notice of refund declaration
Part 6--Transfer of rights and payments of refund amounts
15 Transfer of recovery rights to Commonwealth
16 Payments by Commonwealth
17 Appropriation
Part 7--Costs recoupment determinations
18 Making of refund costs recoupment determination
19 Making of administrative costs recoupment determination
Part 8--Miscellaneous
20 Delegations by Minister
21 Delegations by Secretary
22 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
26, 2006 | 6 Apr 2006 |
| ||
Aged Care Amendment (2008 Measures No. 1) Act 2008 | 1, 2008 | 18 Feb 2008 | Schedule 2: 20 Mar 2008 | -- |
Aged Care Amendment (2008 Measures No. 2) Act 2008 | 140, 2008 | 9 Dec 2008 | 1 Jan 2009 | Sch. 1 (items 202, 203) |
136, 2012 | 22 Sept 2012 | Schedule 1 (item 8): Royal Assent | -- | |
as amended by |
|
|
|
|
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 2 (item 7): 22 Sept 2012 (s 2(1) item 8) | -- |
77, 2013 | 28 June 2013 | 1 July 2014 | Sch 1 (item 36) | |
62, 2014 | 30 June 2014 | Sch 7 (item 79) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
59, 2015 | 26 May 2015 | Sch 2 (items 35, 36): 1 July 2016 (s 2(1) item 5) | Sch 2 (items 356-396) | |
as amended by |
|
|
|
|
33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | -- | |
11, 2016 | 29 Feb 2016 | Sch 2 (items 3, 4): 1 Mar 2017 (s 2(1) item 3) | -- | |
Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 | 116, 2019 | 11 Dec 2019 | Sch 1 (item 1) and Sch 4: 1 Jan 2020 (s 2(1) item 2) | Sch 4 |
Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 | 6, 2020 | 17 Feb 2020 | Sch 1 (items 75-78): 18 Feb 2020 (s 2(1) item 2) | -- |
Provision affected | How affected |
Title.................... | am No 77, 2013 |
Part 1 |
|
s 1..................... | am No 77, 2013 |
s. 3..................... | am. No. 140, 2008; No 77, 2013 |
s. 4..................... | am. No. 1, 2008; No 59, 2015 |
s 6..................... | am No 140, 2008; No 77, 2013; No 62, 2014; No 59, 2015; No 116, 2019 |
s. 6A.................... | ad. No. 140, 2008 |
| rep No 77, 2013 |
Part 2 |
|
s. 7..................... | am. No. 140, 2008; No 77, 2013; No 11, 2016 |
s. 8..................... | am. No. 140, 2008 |
Part 3 |
|
s. 9..................... | rs. No. 140, 2008 |
| am No 77, 2013 |
Part 4 |
|
s. 10.................... | am. No. 140, 2008; No 77, 2013 |
s. 11.................... | am. No. 140, 2008; No 77, 2013 |
Part 5 |
|
s 12.................... | am No 140, 2008; No 77, 2013; No 6, 2020 |
s 13.................... | am No 140, 2008; No 77, 2013 |
s 13A................... | ad No 140, 2008 |
| am No 77, 2013; No 6, 2020 |
s. 14.................... | am. No. 140, 2008 |
Part 6 |
|
s. 15.................... | am. No. 140, 2008 |
Part 7 |
|
s 19.................... | am No 77, 2013 |
Part 8 |
|
s 22.................... | am No 77, 2013 |