13Making of refund declaration

13 Making of refund declaration

(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 a registered provider (the registered provider or former registered 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 registered provider or former registered 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.