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AGED CARE (ACCOMMODATION PAYMENT SECURITY) ACT 2006 - SECT 7

Making of insolvency event declaration

  (1)   The Minister may make an insolvency event declaration in relation to a person who is or has been an approved provider if:

  (a)   either:

  (i)   the person is a Chapter   5 body corporate (within the meaning of the Corporations Act 2001 ); or

  (ii)   a personal insolvency agreement under Part   X of the Bankruptcy Act 1966 is in effect in relation to the person or the person's property ; and

  (b)   there is at least one outstanding accommodation payment balance of the person .

Note:   A person that is a body that is incorporated under a law of a State or Territory may be a Chapter   5 body corporate within the meaning of the Corporations Act 2001 .

  (2)   The insolvency event declaration must be in writing.

  (3)   An insolvency event declaration is not a legislative instrument.



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