13AAdditional refund declaration where refund by registered provider or former registered provider void or voidable

13A Additional refund declaration where refund by registered provider or former registered provider void or voidable

(1) This section applies if: (a) a person who is or has been a registered provider (the registered provider or former registered provider) refunds part of an accommodation payment balance (the initial refund); and (b) after the initial refund, the Secretary, under paragraph 12(2)(b), determines the amount that the Secretary considers is equal to the amount of the accommodation payment balance that has not been refunded at the time the Secretary makes the determination; and (c) a refund declaration is made under section 13 in reliance on that determination; and (d) in a case where the registered provider or former registered provider is a corporation: (i) a transaction under which the initial refund took place is a voidable transaction under subsection 588FE(2), (2A), (2B) or (6B) of the Corporations Act 2001; and (ii) the liquidator takes action, including but not limited to the making of an application under section 588FF of that Act or a request under subsection 588FGAA(2) of that Act, as a result of which the person to whom the initial refund was made does not retain the value of the initial refund, or part of the value of the initial refund; and (e) in a case where the registered provider or former registered provider is not a corporation: (i) a transfer of any property for the purposes of giving the initial refund is void under section 122 of the Bankruptcy Act 1966; and (ii) the trustee in bankruptcy takes action as a result of which the person to whom the initial refund was made does not retain the value of the initial refund, or part of the value of the initial refund. (2) The Secretary may: (a) determine the amount that the Secretary considers is equal to the amount of the value of the initial refund that has not been retained by the person to whom it was made; and (b) as soon as practicable after the Secretary has determined that matter, make another refund declaration relating to the outstanding accommodation payment balance. (3) The refund declaration must: (a) be in writing; and (b) specify the registered provider or former registered provider who 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 amount determined under paragraph (2)(a). (4) The refund declaration is not a legislative instrument.