(1) As soon as practicable after the Secretary has determined the matters mentioned in subsection 12(2) in respect of an outstanding accommodation payment balance of a person who is or has been an approved provider (the approved provider or former approved provider ) , the Secretary must make a refund declaration relating to the outstanding accommodation payment balance.
(2) The refund declaration must:
(a) be in writing; and
(b) specify the approved provider or former approved provider that has not refunded all, or part, of the relevant outstanding accommodation payment balance; and
(c) declare that the Commonwealth is to pay an amount equal to the sum of:
(i) the amount determined under paragraph 12(2)(b); and
(ii) the amount determined under paragraph 12(2)(c);
to the person determined under paragraph 12(2)(d).
(3) A refund declaration is not a legislative instrument.