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.