Compilation #6 | Effective 2025-11-01
FRBR Work URI: /akn/au/act/2006/27
This Act may be cited as the Aged Care (Accommodation Payment Security) Levy Act 2006.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
This Act applies in all the States and Territories.
However, this Act does not apply in any external Territory, except Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to be prosecuted for an offence.
In this Act:
accommodation payment balance has the same meaning as in the Aged Care (Accommodation Payment Security) Act 2006.
costs recoupment determination means:
(a) a refund costs recoupment determination within the meaning of the Aged Care (Accommodation Payment Security) Act 2006; or
an administrative costs recoupment determination within the meaning of that Act.
default event declaration has the same meaning as in the Aged Care (Accommodation Payment Security) Act 2006.
levy means levy imposed by regulations under section 6.
outstanding accommodation payment balance has the same meaning as in the Aged Care (Accommodation Payment Security) Act 2006.
registered provider has the same meaning as in the Aged Care Act 2024.
If a costs recoupment determination specifying a default event declaration has been made, the regulations may impose a levy in respect of the refund obligations of registered providers relating to the default event declaration.
(2) For the purposes of subsection (1), the refund obligations of registered providers relating to a default event declaration is the set of obligations that the registered providers would have had, at the start of the day that was 10 days before the day on which the default event declaration was made, to refund accommodation payment balances if it were assumed that at that time the accommodation payment balances became outstanding accommodation payment balances.
The rate of the levy is worked out in accordance with the regulations.
The rate of the levy is to be fixed on the basis that the amount of revenue to be raised by the levy must not exceed the costs recoupment amount specified in the costs recoupment determination, the making of which enabled the levy to be imposed.
Regulations imposing a levy:
may provide different rates (including a zero rate) of the levy for different classes of registered providers; but
must not otherwise discriminate between different registered providers.
Regulations imposing a levy may define what constitutes a class of registered providers for the purposes of the levy, but must not define a class in such a way that the levy would discriminate between States or parts of States.
The Governor-General may make regulations prescribing matters:
required or permitted by this Act to be prescribed; or
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Endnotes
Endnote 1—About the endnotes
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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history