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.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).