Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p7
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 7/54)
Character Range: 55382–58116

or within such shorter period as is specified in the request; or
 (b) if the information or documents are to be given on a periodic basis—before the time or times worked out in accordance with the request.
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
 (5) An approved provider commits an offence if:
 (a) the Secretary or *Quality and Safety Commissioner requests the approved provider to give information or documents under subsection (2); and
 (b) the approved provider is required under subsection (4) to comply with the request within a period or before a particular time; and
 (c) the approved provider fails to comply with the request within the period or before the time; and
 (d) the approved provider is a *corporation.
Penalty: 30 penalty units.
 (5A) Strict liability applies to subsection (5).
 (5B) Subsection (5) does not apply if the information or documents requested under subsection (2) are not in the possession, custody or control of the approved provider.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.
 (6) The request must contain a statement setting out the effect of subsections (4) and (5).
 (7) If the operation of this section would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
 (8) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia, or the Supreme Court of a State or Territory, for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

9‑4  Obligations while approval is suspended
  If a person's approval as a provider of *aged care under Part 7A of the *Quality and Safety Commission Act is suspended for a period under Part 7B of that Act, the obligations under this Division apply to the person as if the person were an approved provider during that period.

Division 10A—Key personnel of approved providers

10A‑1  Key personnel of an approved provider must notify of change of circumstances relating to suitability
 (1) If:
 (a) an individual is one of the *key personnel of an approved provider; and
 (b) the provider is a *corporation; and
 (c) the individual becomes aware of a change of circumstances that relates to a *suitability matter in relation to the individual;
the individual must notify the provider of the change.
 (2) The notification