Aged Care and Other Legislation Amendment Act 2025 (45 of 2025)

Schedule 1   Amendment of the Aged Care Act 2024

Part 1   Amendments commencing immediately after the commencement of the Aged Care Act 2024

Aged Care Act 2024

69   After section 178

Insert:

178A Offences relating to non-permitted use of accommodation bonds

Offence for registered provider

(1) An entity commits an offence if:

(a) the entity is a registered provider; and

(b) the entity uses an accommodation bond; and

(c) the use of the accommodation bond is not permitted by rules made for the purposes of paragraph 287(3)(a); and

(d) at a particular time during the period of 5 years after the use of the accommodation bond, both of the following apply:

(i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;

(ii) there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity.

Penalty: 300 penalty units.

Offence for responsible persons

(2) A person commits an offence if:

(a) the person is a responsible person of a registered provider (the entity ); and

(b) the entity uses an accommodation bond; and

(c) the use of the accommodation bond is not permitted by rules made for the purposes of paragraph 287(3)(a); and

(d) the person knew that, or was reckless or negligent as to whether:

(i) the accommodation bond would be used; and

(ii) the use of the accommodation bond was not permitted; and

(e) the person was in a position to influence the conduct of the entity in relation to the use of the accommodation bond; and

(f) the person failed to take all reasonable steps to prevent the use of the accommodation bond; and

(g) at a particular time during the period of 5 years after the use of the accommodation bond, both of the following apply:

(i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;

(ii) there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity; and

(h) at the time the accommodation bond was used, the entity was a corporation.

Penalty: Imprisonment for 2 years.

Strict liability

(3) Strict liability applies to paragraphs (1)(d) and (2)(g) and (h).


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).