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 2   Notices to answer questions or give information or documents

43   Saving notices under the Commission Act to give information or produce documents

(1) This item applies if:

(a) a notice was given to a person under subsection 74GA(1) of the Commission Act before the transition time; and

(b) the notice required the person to give the Commissioner information or produce to the Commissioner documents or copies of documents, within a time that ends after the transition time; and

(c) the notice was not complied with before the transition time.

(2) Division 3 of Part 8A of the Commission Act continues to apply after the transition time in relation to the notice as if:

(a) subsection 74GA(1) of that Act authorised the Commissioner to require the person to give the information, or to produce the documents or copies, to the Commissioner (within the meaning of the new Act); and

(b) the references in subsections 74GA(2), (3) and (4) of that Act to the Commissioner were references to the Commissioner (within the meaning of the new Act).