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

Schedule 2   Application, saving and transitional provisions

Part 5   Transitional provisions for Chapter 6 of the new Act

Division 1   Regulatory powers

40   Application of regulatory powers provisions of the new Act

Monitoring powers

(1) Part 2 of Chapter 6 of the new Act applies as if:

(a) the following provisions were mentioned in subsection 397(1) of that Act:

(i) sections 25-3, 27-3 and 27-5 of the old Act;

(ii) Chapter 4 of the old Act;

(iii) subsections 74AC(1) and 74AD(1) of the Commission Act; and

(b) the following information were mentioned in subsection 397(2) of the new Act:

(i) information given in compliance, or purported compliance, with a provision of Chapter 3 of the old Act or Chapter 3 of the old Transitional Provisions Act;

(ii) information given in compliance or purported compliance with a provision of Chapter 4 of the old Act; and

(c) for the purposes of section 399 and paragraph 410(3)(a) of the new Act - the provisions mentioned in subparagraph (a)(ii) and (iii), and the information mentioned in subparagraph (b)(ii), of this subitem related to a function of the Commissioner or Complaints Commissioner; and

(d) for the purposes of section 400 and paragraph 411(2)(a) of the new Act - the provisions mentioned in subparagraph (a)(i), and the information mentioned in subparagraph (b)(i), of this subitem related to a function of the System Governor.

(2) However, subitem (1) does not authorise or apply in relation to an entry to premises that occurs after the end of 18 months starting at the transition time.

Investigation powers

(3) Part 3 of Chapter 6 of the new Act applies as if:

(a) the following provisions were mentioned in section 412 of that Act:

(i) an offence provision of the old Act or the Commission Act;

(ii) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to the old Act or the Commission Act;

(iii) a civil penalty provision of the old Act (other than a civil penalty provision in Division 54 of that Act);

(iv) a civil penalty provision of the Commission Act or in Division 54 of the old Act; and

(b) for the purposes of section 414 and paragraph 425(3)(a) of the new Act - the provisions mentioned in subparagraphs (a)(i), (ii) and (iv) of this subitem related to a function of the Commissioner or Complaints Commissioner; and

(c) for the purposes of section 415 and paragraph 426(2)(a) of the new Act - the provisions mentioned in subparagraph (a)(iii) of this subitem related to a function of the System Governor.