Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 (116 of 2019)

Schedule 4   Transitional, application, saving and other provisions

Part 3   Responsibilities of approved providers etc.

Division 1   Transitional etc. provisions relating to the imposition of sanctions on approved providers

10   Dealing with certain pre-transition notices of non-compliance

(1) This item applies if:

(a) before the transition time, the Secretary gave a notice under subsection 67-2(1) of the Aged Care Act relating to an approved provider's non-compliance with one or more of the provider's responsibilities under Part 4.1, 4.2 or 4.3 of that Act; and

(b) before that time, the approved provider made submissions to the Secretary in accordance with the notice and the Secretary considered that the submissions:

(i) proposed appropriate action to remedy the non-compliance; or

(ii) set out an acceptable reason for the non-compliance; or

(iii) were otherwise satisfactory; and

(c) immediately before that time, the Secretary has not given the approved provider a notice under subsection 67-4(1) of that Act in relation to the non-compliance.

(2) After the transition time:

(a) the notice is taken, for the purposes of Part 7B of the Commission Act, to be a non-compliance notice within the meaning of that Act; and

(b) the Commissioner may decide to give the approved provider a notice under section 63T of that Act in relation to the non-compliance.