19Making of administrative costs recoupment determination

19 Making of administrative costs recoupment determination

(1) The Minister may, at a particular time, make an administrative costs recoupment determination relating to a default event declaration if: (a) before that time, the Minister has informed the Treasurer and the Finance Minister that the Minister intends to make an administrative costs recoupment determination relating to that default event declaration; and (b) at that time, the Minister considers, on reasonable grounds, that the Commonwealth has not recouped all of the administrative costs relating to the default event determination. (2) An administrative costs recoupment determination must: (a) be in writing; and (b) specify the default event declaration to which it relates; and (c) specify the costs recoupment amount (see subsection (3)). (3) The costs recoupment amount specified in an administrative costs recoupment determination must not exceed the sum of: (a) the amount that the Minister considers, on reasonable grounds, is equal to the amount of the administrative costs relating to the default event declaration specified in the determination that the Commonwealth has not recouped at the time that the determination is made; and (b) the amount that the Minister considers, on reasonable grounds, is likely to cover the costs of recovering levy that the Commonwealth will be enabled to impose by regulations made under section 6 of the Aged Care (Accommodation Payment Security) Levy Act 2006 as a result of the making of the determination. (4) An administrative costs recoupment determination is not a legislative instrument.