the person is an approved provider; and

the approval of the person is in effect; and

the person is an approved provider and the person’s approval is in respect of the *aged care in respect of which the places are allocated; or

both of the following apply:

the person will be an approved provider at the time the allocation takes effect or, in the case of a provisional allocation, at the time that allocation begins to be in force;

the person’s approval will be in respect of the aged care in respect of which the places are allocated.

the approval of the approved provider of the service ceases to have effect under section 63G of the *Quality and Safety Commission Act.

the approval of the approved provider is in respect of home care; and

whose approval is in respect of *residential care; and

the function of approving providers of aged care; and

the person or body:

has been approved as a provider of aged care under section 63D; or

is taken, under paragraph 63F(2)(a), to be an approved provider; and

the approval of the person or body is in effect.

an indictable offence against a law of the Commonwealth or of a State or Territory; or

an offence that:

is an offence against a law of a foreign country or of a part of a foreign country; and

when committed, corresponds to an indictable offence against a law of the Commonwealth or of a State or Territory.

the individual has been convicted of an indictable offence, whether before, on or after the commencement of this section; or

the individual is an insolvent under administration; or

both of the following apply:

the individual is one of the key personnel of a person or body;

a registered medical practitioner certifies that the individual is unable to perform the individual’s duties as one of those key personnel because of mental incapacity.

if the entity is not a State or Territory—a member of the group of persons who is responsible for the executive decisions of the entity at that time;

if the entity is not a State or Territory—any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the entity at that time;

if, at that time, the entity conducts an aged care service:

any person who is responsible for the nursing services provided by the service and who holds a recognised qualification in nursing; and

any person who is responsible for the day-to-day operations of the service;

if, at that time, the entity proposes to conduct an aged care service:

any person who is likely to be responsible for the nursing services to be provided by the service and who holds a recognised qualification in nursing; and

any person who is likely to be responsible for the day-to-day operations of the service;

(a) if the entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001—a director of the body corporate for the purposes of that Act; and

in any other case—a member of the entity’s governing body.

approving providers of aged care; and

the functions conferred on the Commissioner by Part 7A (which deals with the approval of providers of aged care etc.);

be made in writing; and

be in a form approved by the Commissioner; and

be accompanied by any documents or information specified by the Commissioner; and

be accompanied by any fee specified by the Commissioner.

a person makes an application under subsection 63B(1); and

the Commissioner needs further information to make a decision on the application;

if the specified period has been extended under subsection (4)—the period as so extended; or

otherwise—the specified period;

if a request for further information in relation to the application has been made under subsection 63C(1)—90 days after receiving the further information; or

otherwise—within 90 days after receiving the application.

the person is a corporation; and

the person is suitable to provide aged care; and

none of the key personnel of the person is a disqualified individual.

the person’s experience in providing, at any time, aged care or other relevant forms of care;

the person’s demonstrated understanding of the person’s responsibilities as a provider of the type of aged care for which approval is sought;

the systems that the person has, or proposes to have, in place to meet the person’s responsibilities as a provider of the type of aged care for which approval is sought;

the person’s record of financial management and the methods that the person uses, or proposes to use, in order to ensure sound financial management;

if, at any time, the person has been a provider of aged care or other relevant forms of care—the person’s conduct as such a provider and the person’s compliance with:

the person’s responsibilities as a provider of that care; and

the person’s obligations arising from the receipt of any payments from the Commonwealth for providing that care;

any other matters specified in the rules.

the decision;

the day the approval comes into effect;

whether the approval is given in respect of all types of aged care or only in respect of a certain type or types of aged care;

if the approval is in respect of residential care or flexible care—that the approval is in respect of each residential care service or flexible care service in respect of which:

an allocation of a place to the person in respect of the service is in effect under Part 2.2 of the Aged Care Act (including a place transferred to the person under that Part); or

a provisional allocation of a place to the person in respect of the service is in force under that Part (including a place transferred to the person under that Part);

if the approval is in respect of home care—that the approval is in respect of each home care service in relation to which the person notifies the Secretary of the information required by section 9-1A of the Aged Care Act;

if the Commissioner is satisfied that there are one or more circumstances that materially affect the person’s suitability to provide aged care—those circumstances and the steps the person must take to notify the Commissioner and obtain the Commissioner’s agreement before there is any change to those circumstances.

the obligations of approved providers under Division 9 of the Aged Care Act to notify of, or give, certain information;

the circumstances in which the approval may be suspended or revoked under Division 4 of this Part, or Part 7B, of this Act;

the circumstances in which the approval may be restricted under Part 7B of this Act and the effect of section 7-2 of the Aged Care Act.

the decision;

the reasons for the decision;

how the person may apply for the reconsideration of the decision.

a State or Territory;

a State or Territory authority;

a local government authority.

the entity is taken to be an approved provider;

the approval of the entity is taken to come into effect on the first day after the day the notice is received by the Commissioner;

the approval of the entity is taken to be in respect of:

all types of aged care; and

all types of aged care services that are provided, or will be provided, by the entity.

an entity is taken to be an approved provider under paragraph (2)(a); and

the approval of the entity is revoked under Division 4 of this Part or Part 7B;

the entity is not permitted to give the Commissioner another notice under subsection (1); and

if the entity subsequently applies under section 63B for approval as a provider of aged care—the entity is taken, for the purposes of the application, to be a corporation.

be made in writing; and

be in a form approved by the Commissioner; and

be accompanied by any documents or information specified by the Commissioner; and

be accompanied by any fee specified by the Commissioner; and

(e) specify the day (the revocation day) on which the revocation is to take effect; and

be made at least 60 days, or such other number of days as specified in the rules, before the revocation day.

if the provider provides a residential care service or flexible care service—the allocation of places to the provider in respect of the service either:

has ceased to have effect under paragraph 18-1(1)(a) or (b) of the Aged Care Act; or

will cease to have effect under that paragraph before the revocation day; and

if the provider provides a home care service—appropriate arrangements have been made to ensure that the care recipients (if any) to whom the provider will no longer be approved to provide home care after the revocation day will continue to be provided with care after that day.

the decision;

the reasons for the decision;

how the provider may apply for reconsideration of the decision.

in a case in which the provider was, or was taken to be, a corporation at the time of the approval—the provider has ceased to be a corporation; or

the provider has ceased to be suitable to provide aged care; or

the provider’s application for approval contained information that was false or misleading in a material particular.

the entity’s experience in providing, at any time, aged care or other relevant forms of care;

the entity’s demonstrated understanding of the entity’s responsibilities as a provider of the type of aged care to which the entity’s approval relates;

the systems that the entity has in place to meet the entity’s responsibilities as a provider of the type of aged care to which the entity’s approval relates;

the entity’s record of financial management and the methods that the entity uses in order to ensure sound financial management;

if, at any time, the entity has been a provider of aged care or other relevant forms of care—the entity’s conduct as such a provider and the entity’s compliance with:

the entity’s responsibilities as a provider of that care; and

the entity’s obligations arising from the receipt of any payments from the Commonwealth for providing that care;

any other matters specified in the rules.

set out the Commissioner’s reasons for considering the revocation; and

invite the approved provider to make submissions, in writing, to the Commissioner about the matter within 28 days after receiving the notice; and

inform the provider that if no submissions are made within that period, any revocation may take effect as early as 7 days after the end of that period.

the decision;

the reasons for the decision;

how the entity may apply for reconsideration of the decision.

must be given at least 7 days before the revocation day; and

may be given at the same time the notice under subsection (1) is given to the entity or at a later time.

that the entity’s approval is limited, or further limited, to any one or more of the following:

one or more specified types of aged care;

one or more specified aged care services;

one or more specified classes of care recipient; and

(b) the day (the approval limitation day) on which the limitation takes effect.

must specify a day as the approval limitation day that is at least 7 days after the notice is given; and

may be given at the same time the notice under subsection (1) is given to the entity or at a later time.

the approval of the approved provider is in respect of home care; and

a sanction has been imposed on an approved provider under section 63N of the *Quality and Safety Commission Act; and

the sanction restricts the approval of the provider to certain *aged care services conducted by the provider;

a sanction has been imposed on an approved provider under section 63N of the *Quality and Safety Commission Act; and

the sanction restricts the payment of *subsidies to the provision of care by the provider to certain care recipients;

a sanction has been imposed on the person under section 63N of the *Quality and Safety Commission Act; and

the sanction prohibits the further allocation of places under this Part to the person; and

the sanction is in effect.

a sanction has been imposed on a person under section 63N of the *Quality and Safety Commission Act; and

the sanction suspends the allocation of a *place that has taken effect under Division 15 of this Act;

the Secretary is satisfied that the approved provider, or a person acting on the approved provider’s behalf, has not conducted an appraisal or reappraisal in a proper manner; or

both of the following apply:

the Secretary is satisfied that the approved provider, or a person acting on the approved provider’s behalf, gave false, misleading or inaccurate information in an appraisal or reappraisal connected with a classification reviewed under subsection 29-1(3);

the classification was changed under section 29-1.

an accommodation payment must not be charged by an approved provider if:

a sanction has been imposed on the provider under section 63N of the *Quality and Safety Commission Act; and

the sanction prohibits the charging of an accommodation payment for the service;

an accommodation contribution must not be charged by an approved provider if:

a sanction has been imposed on the provider under section 63N of the *Quality and Safety Commission Act; and

the sanction prohibits the charging of an accommodation contribution for the service;

to cooperate with any person who is performing functions, or exercising powers, in relation to the service under:

Part 6.4 of this Act; or

Part 8 or 8A of the *Quality and Safety Commission Act; or

Part 2 or 3 of the *Regulatory Powers Act;

if the approved provider has given an undertaking as required by a notice given to the provider under section 63T of the Quality and Safety Commission Act—to comply with the undertaking;

if the approved provider has agreed to do one or more things as required by a notice given to the provider under section 63U of the Quality and Safety Commission Act—to comply with the agreement;

powers of officers in relation to monitoring compliance and offences (see Part 6.4);

the compliance and enforcement powers (see Part 6.4);

(a) making a decision on an application made under this Act or the Aged Care (Transitional Provisions) Act 1997; or

determining whether the conditions to which a grant under Chapter 5 of this Act is subject have been complied with.

whether section 25-3 (which deals with the appraisal of the level of care needed by care recipients) or sections 27-3 and 27-5 (which deal with the reappraisal of the level of care needed by care recipients) of this Act have been complied with; or

(b) whether information given in compliance, or purported compliance, with a provision of Chapter 3 of this Act or a provision of Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 (which both deal with *subsidies) is correct.

(a) making a decision on an application made under this Act or the Aged Care (Transitional Provisions) Act 1997; or

determining whether the conditions to which a grant under Chapter 5 of this Act is subject have been complied with.

enter any premises; and

exercise the *search powers in relation to the premises;

inform the occupier that the occupier may refuse to give consent or may withdraw consent; and

if the occupier is an approved provider—inform the occupier that the occupier has a responsibility under paragraph 63-1(1)(b) to cooperate with a person who is performing functions, or exercising powers, under this Part.

an *authorised officer enters premises because of the consent of the occupier of the premises; and

the officer has not shown the occupier the officer’s identity card before entering the premises;

the power to search the premises and any thing on the premises;

the power to examine or observe any activity conducted on the premises;

the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;

the power to make any still or moving image or any recording of the premises or any thing on the premises;

the power to inspect any document on the premises;

the power to take extracts from, or make copies of, any such document;

the power to take onto the premises such equipment and materials as the officer requires for the purpose of exercising powers in relation to the premises;

the powers set out in subsections (2) and (3).

operate electronic equipment on the premises entered in accordance with section 91-1; and

use a disk, tape or other storage device that:

is on the premises; and

can be used with the equipment or is associated with it.

the power to operate electronic equipment on the premises to put the information in documentary form and remove the documents so produced from the premises;

the power to operate electronic equipment on the premises to transfer the information to a disk, tape or other storage device that:

is brought to the premises for the exercise of the power; or

is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;

to answer any questions put by the officer; and

to produce any documents or records requested by the officer.

section 25-3 (which deals with the appraisal of the level of care needed by care recipients);

sections 27-3 and 27-5 (which deal with the reappraisal of the level of care needed by care recipients).

a provision of Chapter 3 of this Act (which deals with *subsidies);

(b) a provision of Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 (which deals with subsidies).

an *authorised officer is an authorised applicant; and

an authorised officer is an authorised person; and

a magistrate is an issuing officer; and

the Secretary is the relevant chief executive; and

each of the following is a relevant court:

the *Federal Court;

the Federal Circuit Court;

(iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the Aged Care (Transitional Provisions) Act 1997.

an *authorised officer may use such force against things as is necessary and reasonable in the circumstances; and

a person assisting the officer may use such force against things as is necessary and reasonable in the circumstances.

the provisions mentioned in subsection 92-1(1) of this Act;

the information mentioned in subsection 92-1(2) of this Act.

a reference to “24 hours” in sections 21 and 22 of that Act were a reference to “48 hours”; and

a reference to a “24-hour period” in sections 21 and 22 of that Act were a reference to a “48-hour period”.

an *authorised officer is an authorised applicant; and

an authorised officer is an authorised person; and

a magistrate is an issuing officer; and

the Secretary is the relevant chief executive; and

each of the following is a relevant court:

the *Federal Court;

the Federal Circuit Court;

(iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the Aged Care (Transitional Provisions) Act 1997.

an *authorised officer may use such force against things as is necessary and reasonable in the circumstances; and

a person assisting the officer may use such force against things as is necessary and reasonable in the circumstances.

a reference to “24 hours” in section 51 of that Act were a reference to “48 hours”; and

a reference to a “24-hour period” in section 51 of that Act were a reference to a “48-hour period”.

(a) an application made under this Act or the Aged Care (Transitional Provisions) Act 1997;

an appraisal of the level of care needed by care recipients made under section 25-3 of this Act;

a reappraisal of the level of care needed by care recipients made under sections 27-3 and 27-5 of this Act;

(d) a claim by an approved provider for payment of *subsidy under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997;

whether the conditions to which a grant under Chapter 5 of this Act is subject have been complied with.

to answer questions relating to the relevant matter;

to give such information or documents (or copies of documents) as are specified in the notice.

specify the *authorised officer before whom the person is required to attend; and

specify the day on which, and the time and place at which, the person is required to attend.

the person is given a notice under subsection (2); and

the person fails to comply with a requirement of the notice; and

the requirement relates to the affairs of an approved provider and the provider is a *corporation.

a person is given a notice under subsection 93-1(2); and

the notice requires the person to attend before an *authorised officer to answer questions; and

the person attends before the authorised officer for that purpose.

require the person to take an oath or make an affirmation; and

administer an oath or affirmation to the person.

the person is required by an *authorised officer to take an oath or make an affirmation for the purposes of answering questions; and

the person refuses or fails to comply with the requirement; and

the questions relate to the affairs of an approved provider and the provider is a *corporation.

the *Federal Court;

the functions of imposing sanctions on approved providers and lifting sanctions; and

the function of ensuring compliance with the aged care responsibilities of approved providers and provisions of this Act and the Aged Care Act; and

a disqualified individual; or

an officer of the Commonwealth; or

a person specified in the rules.

in relation to an authorised officer—an identity card issued to the authorised officer under section 35 or 76 of the Regulatory Powers Act; or

in relation to a quality assessor—an identity card issued to the quality assessor under section 74 of this Act.

imposing sanctions on approved providers and lifting sanctions; and

ensuring compliance with the aged care responsibilities of approved providers and provisions of this Act and the Aged Care Act; and

the functions conferred on the Commissioner by Part 7B (which deals with imposing sanctions on approved providers that have not complied, or are not complying, with the aged care responsibilities);

to ensure compliance with:

the aged care responsibilities of approved providers; and

provisions of this Act and the Aged Care Act;

if an approved provider has appointed an eligible adviser as required by a notice given to the provider under section 63U—to the eligible adviser for the purposes of that appointment; or

the Commissioner is satisfied that the provider has not complied, or is not complying, with one or more of the aged care responsibilities of the provider; and

the Commissioner is satisfied that it is appropriate to impose those sanctions on the provider.

whether the non-compliance is of a minor or serious nature;

whether the non-compliance has occurred previously and, if so, how many times it has previously occurred;

whether the non-compliance threatens the health, welfare or interests of the care recipients to whom the provider is providing care;

whether the non-compliance would threaten the health, welfare or interests of care recipients to whom the provider may provide care in the future;

if the provider has given an undertaking as required by a notice given to the provider under section 63T—whether or not the provider has complied with the undertaking;

if the provider has agreed to do one or more things as required by a notice given to the provider under section 63U—whether or not the provider has complied with the agreement;

the desirability of deterring future non-compliance;

any other matters specified in the rules.

sets out the decision; and

sets out the reasons for the decision; and

sets out the details of the provider’s non-compliance; and

specifies each of the sanctions and sets out the effect each sanction will have on the provider; and

if a sanction is to revoke or suspend the allocation of some or all of the places allocated to the provider under Part 2.2 of the Aged Care Act—specifies the number of those places subject to the sanction; and

specifies the day on which each of the sanctions comes into effect; and

if a sanction is to cease to have effect on a particular day:

specifies that day; and

sets out the effect of Division 4 of this Part (which deals with the lifting of sanctions).

specifying a day under paragraph (5)(f) in relation to a sanction;

deciding whether or not to specify a day under subparagraph (5)(g)(i) in relation to a sanction;

specifying a day under subparagraph (5)(g)(i) in relation to a sanction.

the Commissioner decides to impose, under section 63N, a sanction on an approved provider in relation to the provider’s non-compliance with one or more aged care responsibilities of the provider; and

the sanction is to revoke the provider’s approval; and

no other sanction is to be imposed on the provider in relation to the non-compliance.

the Commissioner decides to impose, under section 63N, a sanction on an approved provider in relation to the provider’s non-compliance with one or more aged care responsibilities of the provider; and

(b) the sanction is to revoke or suspend a particular number of places (the affected places) allocated to the provider under Part 2.2 of the Aged Care Act; and

(c) immediately before the date (the sanction notice date) of the notice given to the provider under subsection 63N(5) in relation to the sanction, the affected places are not all vacant places of the provider.

revoking or suspending the approval of the provider;

restricting the approval of the provider to the aged care services conducted by the provider at a specified time;

restricting the payment of subsidies under the Aged Care Act to the provision of care to care recipients to whom the provider is providing care, through one or more, or all, specified aged care services, at a specified time;

revoking or suspending the allocation of some or all of the places allocated to the provider under Part 2.2 of the Aged Care Act;

varying the conditions to which the allocation of some or all of the places allocated to the provider under Part 2.2 of the Aged Care Act is subject under section 14-5 or 14-6 of that Act;

prohibiting the further allocation of places under Part 2.2 of the Aged Care Act to the provider;

revoking or suspending the extra service status in respect of a residential care service, or a distinct part of a residential care service, conducted by the provider;

prohibiting the granting of extra service status in respect of a residential care service, or a distinct part of a residential care service, conducted by the provider;

prohibiting the charging of an accommodation payment, or an accommodation contribution, for:

one or more, or all, specified residential care services conducted by the provider; or

one or more, or all, specified flexible care services conducted by the provider;

prohibiting the charging of an accommodation bond, or an accommodation charge, for the entry (within the meaning of the Aged Care Act) of care recipients to:

one or more, or all, specified residential care services conducted by the provider; or

one or more, or all, specified flexible care services conducted by the provider;

if the provider has charged an amount of accommodation payment or accommodation contribution that is more than the amount the provider is permitted to charge under Division 52G of the Aged Care Act—requiring the provider to refund, in accordance with that Division and within a specified period, an amount equal to the excess amount charged by the provider;

restricting, during a specified period, the use by the provider of a refundable deposit, or an accommodation bond, to one or more specified uses that are permitted under Division 52N of the Aged Care Act;

if the provider is required under Division 52P of the Aged Care Act to refund an amount in accordance with that Division and the provider has not done so—requiring the provider to refund the amount in accordance with that Division within a specified period;

requiring the provider to repay any or all of the amount of a grant paid to the provider under Chapter 5 of the Aged Care Act;

(o) any other sanctions specified in the rules.

an approved provider has not complied, or is not complying, with one or more of the aged care responsibilities of the provider (other than the responsibility referred to in paragraph 63-1(1)(k) or (l) of the Aged Care Act); and

there is no immediate and severe risk to the safety, health and well-being of care recipients to whom the provider is providing care as a result of the non-compliance.

set out details of the approved provider’s non-compliance; and

set out the reasons why the Commissioner is considering imposing, under section 63N, one or more sanctions on the provider in relation to the non-compliance; and

set out the kinds of sanctions that the Commissioner is considering imposing on the provider and the effect those sanctions, if imposed, would have on the provider; and

(d) set out broadly what action the Commissioner requires the provider to take to remedy the non-compliance; and

invite the provider to make submissions, in writing, to the Commissioner in relation to the matter within:

14 days after receiving the notice; or

if a shorter period is specified in the notice—that shorter period; and

inform the provider that the Commissioner may, after considering any submissions made by the provider:

give the provider a notice under section 63T in relation to the non-compliance; or

decide to impose, under section 63N, one or more sanctions on the provider in relation to the non-compliance.

an approved provider is given a non-compliance notice in relation to the provider’s non-compliance with one or more aged care responsibilities of the provider; and

the provider makes submissions to the Commissioner as required by the notice; and

the Commissioner considers that the submissions:

propose appropriate action to remedy the non-compliance; or

set out an acceptable reason for the non-compliance; or

are otherwise satisfactory.

require the approved provider to give the Commissioner an undertaking in relation to the non-compliance that complies with subsection (3) within:

14 days after receiving the notice; or

if a shorter period is specified in the notice—that shorter period; and

inform the provider that the Commissioner may decide to impose, under section 63N, one or more sanctions on the provider in relation to the non-compliance if:

the provider does not give the required undertaking; or

the provider does not comply with any such undertaking given by the provider.

be given in writing; and

be in a form approved by the Commissioner; and

describe and acknowledge the non-compliance; and

set out what action the provider proposes to take to remedy the non-compliance; and

set out the period within which such action is to be taken; and

include a statement acknowledging that the Commissioner may decide to impose, under section 63N, one or more sanctions on the provider if the provider does not comply with the undertaking; and

meet any other requirements specified in the rules.

the Commissioner is satisfied that an approved provider has not complied, or is not complying, with one or more of the aged care responsibilities of the provider (other than the responsibility referred to in paragraph 63-1(1)(l) of the Aged Care Act); and

the Commissioner is satisfied that:

there is an immediate and severe risk to the safety, health and well-being of care recipients to whom the provider is providing care as a result of the non-compliance; or

if the provider made submissions to the Commissioner in relation to the non-compliance as required by a non-compliance notice given to the provider—the submissions do not satisfy any of subparagraphs 63T(1)(c)(i), (ii) or (iii); or

if the provider is required by a notice given to the provider under the Commissioner an undertaking in relation to the non-compliance—the provider has failed to give the undertaking; orsection 63T to give

if the provider has given an undertaking as required by a notice given to the provider under section 63T—the provider has failed to comply with the undertaking; and

the Commissioner is considering imposing, under section 63N, a sanction on the provider for the non-compliance; and

(d) the sanction (the revocation sanction) is the revocation of the approval of the provider.

require the provider to agree, in writing, to do any one or more things specified in the notice; and

inform the provider that, if the provider does not agree to do those specified things in accordance with the notice, the Commissioner will impose the revocation sanction on the provider in relation to the non-compliance.

to provide, at the provider’s expense and within the period specified in the notice, such training as is specified in the notice for the provider’s officers, employees and agents;

to provide, within the period specified in the notice, such security as is specified in the notice for any debts owed by the provider to the Commonwealth;

to appoint, within the period specified in the notice, an eligible adviser who has appropriate qualifications, skills or experience to assist the provider to comply with the provider’s aged care responsibilities in relation to either or both of the following matters:

the care and services provided by the provider;

the governance and business operations of the provider;

to give an eligible adviser appointed by the provider for that purpose all the necessary information required by the adviser to provide that assistance;

to transfer, within the period specified in the notice, any or all of the places allocated to the provider under Part 2.2 of the Aged Care Act to another approved provider;

to do any other things specified in the rules.

a sanction has been imposed on an approved provider under section 63N; and

the notice given to the provider under that section specified a day on which the sanction is to cease to have effect; and

the sanction is still in effect;

be made in writing; and

be in a form approved by the Commissioner; and

be accompanied by any documents or information specified by the Commissioner; and

be accompanied by any fee specified by the Commissioner.

an approved provider makes an application under subsection 63V(1); and

the Commissioner needs further information to make a decision on the application;

if the specified period has been extended under subsection (4)—the period as so extended; or

otherwise—the specified period;

if a request for further information in relation to the application has been made under subsection 63W(1)—28 days after receiving the further information; or

otherwise—28 days after receiving the application.

whether the approved provider is complying with the aged care responsibilities of the provider; and

any other matters specified in the rules.

the decision;

the day on which the sanction will cease to be in effect;

any other matters specified in the rules.

the decision;

the reasons for the decision;

how the provider may apply for reconsideration of the decision.

an application for approval as a provider of aged care is made under section 63B; and

the Commissioner considers that, for the purposes of making a decision on the application, it is necessary for an authorised officer to exercise powers under this Division.

enter any premises; and

exercise the search powers in relation to the premises;

an authorised officer enters premises in accordance with section 64A or 65; or

whether a provision of Chapter 4 of the Aged Care Act has been, or is being, complied with;

whether information given in compliance or purported compliance with a provision of that chapter is correct.

this Act or the Aged Care Act; or

(b) the Crimes Act 1914 or the Criminal Code that relates to this Act or the Aged Care Act.

an authorised officer is an authorised applicant; and

an authorised officer is an authorised person; and

a magistrate is an issuing officer; and

the Commissioner is the relevant chief executive; and

each of the following is a relevant court:

the Federal Court;

the Federal Circuit Court;

(iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act, the Aged Care Act or the Aged Care (Transitional Provisions) Act 1997.

an authorised officer may use such force against things as is necessary and reasonable in the circumstances; and

a person assisting the officer may use such force against things as is necessary and reasonable in the circumstances.

the provision mentioned in subsection 74B(1) of this Act;

the information mentioned in subsection 74B(2) of this Act.

a reference to “24 hours” in sections 21 and 22 of that Act were a reference to “48 hours”; and

a reference to a “24-hour period” in sections 21 and 22 of that Act were a reference to a “48-hour period”.

an offence against this Act or the Aged Care Act; or

(b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Aged Care Act.

an authorised officer is an authorised applicant; and

an authorised officer is an authorised person; and

a magistrate is an issuing officer; and

the Commissioner is the relevant chief executive; and

each of the following is a relevant court:

the Federal Court;

the Federal Circuit Court;

(iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act, the Aged Care Act or the Aged Care (Transitional Provisions) Act 1997.

an authorised officer may use such force against things as is necessary and reasonable in the circumstances; and

a person assisting the officer may use such force against things as is necessary and reasonable in the circumstances.

a reference to “24 hours” in section 51 of that Act were a reference to “48 hours”; and

a reference to a “24-hour period” in section 51 of that Act were a reference to a “48-hour period”.

to answer questions relating to that matter;

to give such information or documents (or copies of documents) as are specified in the notice.

specify the authorised officer before whom the person is required to attend; and

specify the day on which, and the time and place at which, the person is required to attend.

the person is given a notice under subsection (1); and

the person fails to comply with a requirement of the notice; and

the requirement relates to the affairs of an approved provider or former approved provider; and

the provider or former provider is a corporation.

a person is given a notice under subsection 74F(1); and

the notice requires the person to attend before an authorised officer to answer questions; and

the person attends before the authorised officer for that purpose.

require the person to take an oath or make an affirmation; and

administer an oath or affirmation to the person.

the person is required by an authorised officer to take an oath or make an affirmation for the purposes of answering questions; and

the person refuses or fails to comply with the requirement; and

the questions relate to the affairs of an approved provider or former approved provider; and

the provider or former provider is a corporation.

the purposes of this Act;

the purposes of the rules.

a member of the staff of the Commission;

an APS employee in the Department.

the approved provider must not charge an accommodation bond if:

a sanction has been imposed on the approved provider under section 63N of the *Quality and Safety Commission Act; and

the sanction prohibits the charging of an accommodation bond for the entry;

the approved provider must not charge an accommodation charge if:

a sanction has been imposed on the approved provider under section 63N of the *Quality and Safety Commission Act; and

the sanction prohibits the charging of an accommodation charge for the entry;

the education functions; and

the function of reconsidering and reviewing certain decisions made under this Act.

the Commissioner; or

a delegate of the Commissioner referred to in paragraph 74L(1)(b) or 74M(1)(b).

the education functions; and

reconsidering and reviewing certain decisions made under this Act.

to reconsider and review certain decisions made under this Act;

be made in writing; and

set out the reasons for the request; and

(c) be given to the Commissioner within 14 days after the affected person is notified of the reviewable decision.

personally reconsider the decision; or

cause the decision to be reconsidered by a delegate of the Commissioner who:

was not involved in making the decision; and

occupies a position that is at least the same level as that occupied by the person who made the decision.

affirm the decision; or

vary the decision; or

set the decision aside and substitute a new decision.

the reconsideration decision;

the date that decision takes effect;

the reason for that decision.

the Commissioner personally;

a delegate of the Commissioner who:

was not involved in making the decision; and

occupies a position that is at least the same level as that occupied by the person who made the decision.

affirm the decision; or

vary the decision; or

set the decision aside and substitute a new decision.

the reconsideration decision;

the date that decision takes effect;

the reason for that decision.

a function or power relating to the approval of a provider of aged care under Division 8 of the Aged Care Act;

a function or power relating to the revocation of the approval of a provider of aged care under Division 10 of that Act;

a function or power relating to a reportable assault within the meaning of subsection 63-1AA(9) of that Act;

a function or power relating to the imposition of a sanction on an approved provider for non-compliance with the provider’s responsibilities under Part 4.1, 4.2 or 4.3 of that Act;

a function or power relating to the reconsideration or review of a reviewable decision of a kind mentioned in item 1, 3, 54 or 55 of the table in section 85-1 of that Act;

a function performed, or a power exercised, under Part 6.4 of that Act to the extent that:

the function was performed, or the power was exercised, for the purpose of assessing whether an approved provider is complying with the provider’s responsibilities under Part 4.1, 4.2 or 4.3 of that Act; or

the function or power relates to a warrant issued under section 92-3 of that Act;

any other function or power specified in the transition rules.

(a) before the transition time, a person or body (the entity) was an approved provider within the meaning of the Aged Care Act; and

immediately before that time, the entity’s approval is in effect and either:

the entity is conducting an aged care service; or

the entity is an entity of a kind specified in the transitional rules.

the application was made before the transition time; and

immediately before that time, the Secretary has not made a decision on the application.

the notice was given before the transition time; and

immediately before that time, the period for giving the information has not ended.

it were a notice given by the Commissioner under subsection 63C(1) of the Commission Act; and

the requirement to give information to the Secretary were a requirement to give information to the Commissioner.

the notice was given before the transition time; and

immediately before that time, the period for giving the information has not ended.

it were a notice given by the Commissioner under that subsection, as amended by Schedule 1 to this Act; and

the request to give information to the Secretary were a request to give information to the Commissioner.

the notice was given before the transition time; and

immediately before that time, the period for making those submissions has not ended.

it were a notice given by the Commissioner under subsection 63K(1) of the Commission Act; and

the invitation to make submissions to the Secretary were an invitation to make submissions to the Commissioner.

(a) a notice (the decision notice) given by the Secretary under subsection 10-3(5) of the Aged Care Act that notifies a person of the Secretary’s decision (the revocation decision) to revoke, under subsection 10-3(1) of that Act, the person’s approval as a provider of aged care;

(b) a notice (the limitation notice) given by the Secretary to that person under paragraph 10-3(7)(a) of that Act;

(c) a notice (the revocation notice) given by the Secretary to that person under paragraph 10-3(7)(b) of that Act.

the decision notice continues to have effect, after the transition time, as if it were a notice given by the Commissioner under subsection 63L(1) of the Commission Act; and

the limitation notice continues to have effect, after that time, as if it were a notice given by the Commissioner under subsection 63L(5) of the Commission Act; and

the revocation notice continues to have effect, after that time, as if it were a notice given by the Commissioner under subsection 63L(2) of the Commission Act.

the sanction was imposed before the transition time; and

immediately before that time, either of the following apply:

the sanction has not come into effect in accordance with the sanction notice given in relation to the sanction;

the sanction period for the sanction specified in the sanction notice given in relation to the sanction has started but not ended.

the sanction is taken, after the transition time, to have been imposed under section 63N of the Commission Act; and

the sanction notice continues to have effect, after that time, as if it were a notice given under that section; and

if the approved provider agreed, before that time, to do one or more things specified in the sanction notice for the purposes of section 66-2 of the Aged Care Act—the agreement continues to have effect, after that time, as if it were an agreement made for the purposes of section 63U of the Commission Act; and

if the approved provider agrees, after that time, to do one or more things specified in the sanction notice for the purposes of section 66-2 of the Aged Care Act—the agreement is taken to have been made for the purposes of section 63U of the Commission Act.

before the transition time, the Secretary was considering whether to impose a sanction on an approved provider under Part 4.4 of the Aged Care Act; and

before that time, the Secretary complied with the requirements of Division 67 of that Act in relation to the imposition of the sanction on the provider; and

immediately before that time, the Secretary is still considering whether to impose the sanction on the provider.

consider any relevant thing done before the transition time by, or in relation to, the Secretary under or for the purposes of Part 4.4 of the Aged Care Act; and

may disregard the Commissioner considers it is reasonable to do so in the circumstances.Division 3 of Part 7B of the Commission Act if

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

before that time, the approved provider made submissions to the Secretary in accordance with the notice and the Secretary considered that the submissions:

proposed appropriate action to remedy the non-compliance; or

set out an acceptable reason for the non-compliance; or

were otherwise satisfactory; and

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.

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

the Commissioner may decide to give the approved provider a notice under section 63T of that Act in relation to the non-compliance.

the notice was given before the transition time; and

immediately before that time, the period for making the submissions has not ended.

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

the invitation to make submissions to the Secretary were an invitation to make submissions to the Commissioner.

the notice was given before the transition time; and

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

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

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

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.

the application was made before the transition time; and

immediately before that time, the Secretary has not made a decision on the application.

the notice was given before the transition time; and

immediately before that time, the period for giving the information has not ended.

it were a notice given by the Commissioner under subsection 63W(1) of the Commission Act; and

the requirement to give information to the Secretary were a requirement to give information to the Commissioner.

an application under the Aged Care Act or the Aged Care (TP) Act;

a grant under Chapter 5 of the Aged Care Act.

an appraisal under section 25-3 of the Aged Care Act;

a reappraisal under sections 27-3 and 27-5 of the Aged Care Act.

an application under the Aged Care Act or the Aged Care (TP) Act;

an appraisal under section 25-3 of the Aged Care Act;

a reappraisal under sections 27-3 and 27-5 of the Aged Care Act;

a claim for payment of subsidy under Chapter 3 of the Aged Care Act or Chapter 3 of the Aged Care (TP) Act;

a grant under Chapter 5 of the Aged Care Act.

immediately before the transition time, the person was appointed under section 90-3 of the Aged Care Act as an authorised officer; and

immediately after that time, the person continues to be an APS employee in the Department.

immediately before the transition time, the person was appointed under section 90-3 of the Aged Care Act as an authorised officer; and

immediately after that time, the person becomes a member of the staff of the Commission.

the decision was made before the transition time; and

(b) immediately before that time, the period (the reconsideration period) referred to in subparagraph 85-5(3)(a)(i) of that Act during which a person (the relevant person) may make a request for the reconsideration of the decision has not ended.

the decision were a reviewable decision of the same kind; and

the relevant person were the affected person for the reviewable decision; and

paragraph 74K(2)(c) of that Act were replaced with the following paragraph:

the pending request was made before the transition time; and

immediately before that time, the Secretary has not made a decision on the pending request.

the original decision were a reviewable decision of the same kind; and

the person who made the request were the affected person for the reviewable decision.

the decision were a reviewable decision of the same kind; and

the person to whom the decision relates were the affected person for the reviewable decision.

the decision was made before the transition time; and

immediately before that time, both of the following apply:

an application for review of the decision by the Administrative Appeals Tribunal has not been made;

(ii) the time for a person to make such an application has not ended (including any extensions of that time under Administrative Appeals Tribunal Act 1975).section 29 of the

relate to a transferred function; and

immediately before the transition time, were in the possession of the:

the Secretary; or

an APS employee in the Department; or

an authorised officer within the meaning of section 90-3 of the Aged Care Act; or

a delegate or subdelegate of the Secretary.

relates to a transferred function; and

immediately before the transition time, was protected information within the meaning of section 86-1 of the Aged Care Act.

the Secretary is a party to proceedings in any court or tribunal; and

the proceedings relate to a transferred function; and

immediately before the transition time, the proceedings are still pending;

required or permitted by this Schedule to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.