168Specific rules

168 Specific rules

(1) This section applies in relation to a refundable deposit to which subsection 167(2) or (3) applies. Definition of refundable deposit balance (2) The definition of refundable deposit balance in section 7 of the new Act applies, in relation to the refundable deposit, as if the reference in paragraph (b) of the definition to any amounts that have been deducted from the refundable deposit balance under the new Act included a reference to any amounts that were deducted from the refundable deposit balance within the meaning of the old Act in relation to the refundable deposit under the old Act before the transition time. Offences relating to non‑permitted use of refundable deposits (3) Subsection 178(1) of the new Act applies to a use of the refundable deposit: (a) that occurred during the period of 5 years ending immediately before the transition time; and (b) to which paragraph 52N‑2(1)(c) of the old Act applied. (4) Subsection 178(2) of the new Act applies in relation to a use of the refundable deposit: (a) that occurred during the period of 5 years ending immediately before the transition time, or later; and (b) to which paragraph 52N‑2(2)(c) of the old Act applied. Registered provider may retain income derived (5) For the purposes of section 306 of the new Act, it does not matter whether income derived from the refundable deposit was derived before, at or after the transition time. Amounts to be deducted from refundable deposit balances—general (6) Subsections 307(2) and (3) of the new Act apply in relation to the refundable deposit balance, in relation to the refundable deposit, as follows: (a) for the purposes of subsections 307(2) and (3), it does not matter whether a daily payment that is payable by the individual, or an amount that is deductable, under the agreement at or after the transition time became payable, or deductable, before, at or after the transition time; (b) a request made under paragraph 52J‑7(1)(a) of the old Act in relation to a daily payment that is payable under the agreement is taken to have been made under paragraph 307(2)(a) of the new Act; (c) an agreement made under paragraph 52J‑7(2)(b) of the old Act in relation to an amount is taken to have been made under paragraph 307(3)(b) of the new Act; (d) subsection 307(2) or (3) of the new Act does not require a daily payment or an amount to be deducted from the refundable deposit balance if the daily payment or the amount was deducted before the transition time.