Aged Care (Consequential and Transitional Provisions) Act 2024 (109 of 2024)

Schedule 2   Application, saving and transitional provisions

Part 3   Transitional provisions for Chapter 3 of the new Act

Division 3   Specific information gathering requirements

18   Non-compliance notices

(1) This item applies if:

(a) an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

(b) a non-compliance notice (within the meaning of the Commission Act) was given to the entity before the transition time; and

(c) the period for making submissions in relation to the notice had not expired before the transition time; and

(d) subitem 10(8) of this Schedule does not apply to the notice.

(2) The notice is taken, after the transition time, to be a notice given to the entity under section 125 of the new Act.

(3) For the purposes of subitem (2), the period within which the entity may make submissions in relation to the matter for the purposes of paragraph 125(3)(b) of the new Act is taken to be the period within which the entity was permitted to make submissions in relation to the matter in accordance with paragraph 63S(3)(e) of the Commission Act.