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

12   Saving of notices to remedy non-compliance

(1) This item applies in relation to a notice given by the Secretary to an approved provider under subsection 67-4(1) of the Aged Care Act if:

(a) the notice was given before the transition time; and

(b) immediately before that time, the period for giving the undertaking required by the notice to the Secretary has not ended.

(2) Despite the repeal of Part 4.4 of the Aged Care Act by Schedule 2 to this Act, the notice continues to have effect, after the transition time, as if:

(a) it were a notice given by the Commissioner under subsection 63T(2) of the Commission Act; and

(b) the requirement to give the required undertaking to the Secretary were a requirement to give the required undertaking to the Commissioner; and

(c) if the approved provider gives the required undertaking after the transition time - the undertaking is taken to have been given for the purposes of section 63T of the Commission Act.