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This is a Bill, not an Act. For current law, see the Acts databases.
AGED CARE (BOND SECURITY) LEVY BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care (Bond Security) Levy Bill
2005
No. , 2005
(Ageing)
A Bill for an Act relating to the imposition of levies
in respect of certain obligations to refund bond
balances, and for related purposes
Aged Care (Bond Security) Levy Bill 2005 No. , 2005 ii
Contents
1 Short
title ...........................................................................................1
2 Commencement.................................................................................1
3 Application
of this Act ......................................................................2
4 Binding
the
Crown ............................................................................2
5 Definitions.........................................................................................2
6 Regulations
may impose levy............................................................3
7 Rate
of
levy .......................................................................................3
8
Maximum rate of levy .......................................................................4
9
Levy may discriminate between classes of approved
providers............................................................................................4
10 Regulations........................................................................................4
Aged Care (Bond Security) Levy Bill 2005 No. , 2005 1
A Bill for an Act relating to the imposition of levies
1
in respect of certain obligations to refund bond
2
balances, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Aged Care (Bond Security) Levy Act
6
2005.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Section 3
2 Aged Care (Bond Security) Levy Bill 2005 No. , 2005
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Sections 3 to
10
At the same time as Schedule 5 to the Aged
Care Amendment (2005 Measures No. 1) Act
2005 commences.
Note:
This table relates only to the provisions of this Act as originally
4
passed by the Parliament and assented to. It will not be expanded to
5
deal with provisions inserted in this Act after assent.
6
(2) Column 3 of the table contains additional information that is not
7
part of this Act. Information in this column may be added to or
8
edited in any published version of this Act.
9
3 Application of this Act
10
(1) This Act applies in all the States and Territories.
11
(2) However, this Act does not apply in any external Territory.
12
4 Binding the Crown
13
(1) This Act binds the Crown in each of its capacities.
14
(2) This Act does not make the Crown liable to be prosecuted for an
15
offence.
16
5 Definitions
17
In this Act:
18
Section 6
Aged Care (Bond Security) Levy Bill 2005 No. , 2005 3
approved provider has the meaning given by the Dictionary in
1
Schedule 1 to the Aged Care Act 1997.
2
bond balance has the same meaning as in the Aged Care (Bond
3
Security) Act 2005.
4
costs recoupment determination means:
5
(a) a refund costs recoupment determination within the meaning
6
of the Aged Care (Bond Security) Act 2005; or
7
(b) an administrative costs recoupment determination within the
8
meaning of that Act.
9
default event declaration has the same meaning as in the Aged
10
Care (Bond Security) Act 2005.
11
levy means levy imposed by regulations under section 6.
12
outstanding bond balance has the same meaning as in the Aged
13
Care (Bond Security) Act 2005.
14
6 Regulations may impose levy
15
(1) If a costs recoupment determination specifying a default event
16
declaration has been made, the regulations may impose a levy in
17
respect of the refund obligations of approved providers relating to
18
the default event declaration.
19
(2) For the purposes of subsection (1), the refund obligations of
20
approved providers relating to a default event declaration is the set
21
of obligations that the approved providers would have had, at the
22
start of the day that was 10 days before the day on which the
23
default event declaration was made, to refund bond balances if it
24
were assumed that at that time the bond balances became
25
outstanding bond balances.
26
7 Rate of levy
27
The rate of the levy is worked out in accordance with the
28
regulations.
29
Section 8
4 Aged Care (Bond Security) Levy Bill 2005 No. , 2005
8 Maximum rate of levy
1
The rate of the levy is to be fixed on the basis that the amount of
2
revenue to be raised by the levy must not exceed the costs
3
recoupment amount specified in the costs recoupment
4
determination, the making of which enabled the levy to be
5
imposed.
6
9 Levy may discriminate between classes of approved providers
7
(1) Regulations imposing a levy:
8
(a) may provide different rates (including a zero rate) of the levy
9
for different classes of approved providers; but
10
(b) must not otherwise discriminate between different approved
11
providers.
12
(2) Regulations imposing a levy may define what constitutes a class of
13
approved providers for the purposes of the levy, but must not
14
define a class in such a way that the levy would discriminate
15
between States or parts of States.
16
10 Regulations
17
The Governor-General may make regulations prescribing matters:
18
(a) required or permitted by this Act to be prescribed; or
19
(b) necessary or convenient to be prescribed for carrying out or
20
giving effect to this Act.
21