The TEMPORARY CHAIRMAN (Senator George Campbell) —We now move to opposition amendment No. 3 on sheet 1508.

Amendment (by Senator Chris Evans) proposed:

(3) Schedule 1, page 5 (after line 6), after item 13, insert:

13A At the end of section 44-6

Add:

(7) The approved provider must use any payment of the concessional resident supplement it receives in the following ways:

(a) to meet capital works costs relating to residential care;

(b) to retire debt associated with capital works costs relating to residential care; or

(c) where no capital expenditure is reasonably necessary to comply with matters specified in the certification principles for the purposes of subsection 38-3(3) and meeting accreditation requirements,to be placed in reserve for future use in accordance with paragraphs (a) and (b).

(8) Where the allocation of a *place ceases to have effect under Division 18, the approved provider must refund to the Commonwealth any payment of the concessional resident supplement that the approved provider received for the place that has not been used in accordance with paragraphs (7)(a) and (b).

(9) Where a *place is transferred to another provider under Division 16 and the place would relate to a different *aged care service, the transferor must refund to the Commonwealth any payment of the concessional resident supplement that the transferor received for the place that has not been used in accordance with paragraphs (7)(a) and (b).

(10) Rules for the refund of the concessional supplement under subsections (8) and (9) will be set out in the Residential Care Subsidy Principles.