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 3   Compliance notices and banning orders

46   Banning orders that had expired before the transition time

(1) This item applies in relation to a banning order (an expired banning order ) against an individual made under subsection 74GB(1) or (3) of the Commission Act that had ceased to be in force before the transition time.

(2) Paragraph 13(1)(b) of the new Act (which relates to suitability matters) applies, after the transition time, as if the reference in that paragraph to a banning order included a reference to an expired banning order.

(3) Subsection 141(6) of the new Act (which relates to the Provider Register) applies, after the transition time, as if the reference in that subsection to a banning order that was in force under section 498 included a reference to an expired banning order.

(4) Section 507 of the new Act (which relates to the register of banning orders) applies, after the transition time, as if:

(a) each reference in that section to a banning order included a reference to an expired banning order; and

(b) paragraph (2)(a) of that section included a reference to revocation under section 74GG of the Commission Act; and

(c) paragraph (2)(b) of that section included a reference to reconsideration under Part 8B of the Commission Act.