the provider or former provider uses a refundable deposit or bond for a non-permitted use, the individual knew that, or was reckless or negligent as to whether, the refundable deposit or bond would be used for a purpose that was not permitted. Strict liability applies to this element of the offence, the individual was in a position to influence the conduct of the entity in relation to the use of the refundable deposit or bond, the individual failed to take all reasonable steps to prevent the misuse of the refundable deposit or bond, within two years of the non-permitted use of the refundable deposit or bond, the Refundable Deposit/Bond Guarantee Scheme was triggered. In other words, an insolvency event (within the meaning of the ) has occurred in relation to the provider or former provider and there is at least one outstanding refundable deposit/bond balance. Strict liability applies to this element of the offence, or at the time that the refundable deposits or bonds was used for the non-permitted use, the provider (or former provider) was a corporation. Strict liability also applies to this element of the offence. An individual convicted of such an offence automatically become a disqualified individual for the purposes of the Act and would be unable to be one of the key personnel of any other provider. Providers can avoid potential liability for an offence by using refundable deposits and bonds for permitted uses only. Regardless of whether or not a provider has failed financially, sanctions can be imposed if providers do not comply with one or more of their prudential obligations. Reference: Act , Things to you need to know Providers must be able to demonstrate compliance with permitted uses requirements to their auditor. The department could ask to see provider records for monitoring and compliance purposes at any time. Your response in the APCS The APCS requires you to disclose whether or not you complied with the requirement to use refundable accommodation payments (deposits, accommodation bonds or entry contributions) only for permitted uses. After considering the information provided for compliance with permitted uses. Respond Yes or No. Please mark only the the provider has expended refundable deposits or bonds for during the financial year. Note: all tick boxes required a corresponding $value. Permitted Use Expenditure This item is designed to capture all expenditure on anything allowable as a permitted use. This is the only place in the APCS where the questions are not based purely on refundable deposits or bonds.
the provider or former provider uses a refundable deposit or bond for a non-permitted use, the individual knew that, or was reckless or negligent as to whether, the refundable deposit or bond would be used for a purpose that was not permitted. Strict liability applies to this element of the offence, the individual was in a position to influence the conduct of the entity in relation to the use of the refundable deposit or bond, the individual failed to take all reasonable steps to prevent the misuse of the refundable deposit or bond, within two years of the non-permitted use of the refundable deposit or bond, the Refundable Deposit/Bond Guarantee Scheme was triggered. In other words, an insolvency event (within the meaning of the ) has occurred in relation to the provider or former provider and there is at least one outstanding refundable deposit/bond balance. Strict liability applies to this element of the offence, or at the time that the refundable deposits or bonds was used for the non-permitted use, the provider (or former provider) was a corporation. Strict liability also applies to this element of the offence. An individual convicted of such an offence automatically become a disqualified individual for the purposes of the Act and would be unable to be one of the key personnel of any other provider. Providers can avoid potential liability for an offence by using refundable deposits and bonds for permitted uses only. Regardless of whether or not a provider has failed financially, sanctions can be imposed if providers do not comply with one or more of their prudential obligations. Reference: Act , Things to you need to know Providers must be able to demonstrate compliance with permitted uses requirements to their auditor. The department could ask to see provider records for monitoring and compliance purposes at any time. Your response in the APCS The APCS requires you to disclose whether or not you complied with the requirement to use refundable accommodation payments (deposits, accommodation bonds or entry contributions) only for permitted uses. After considering the information provided for compliance with permitted uses. Respond Yes or No. Please mark only the the provider has expended refundable deposits or bonds for during the financial year. Note: all tick boxes required a corresponding $value. Permitted Use Expenditure This item is designed to capture all expenditure on anything allowable as a permitted use. This is the only place in the APCS where the questions are not based purely on refundable deposits or bonds.
apcs-user-guide-v1.1.docx