Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p17
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 17/61)
Character Range: 222854–225590

mentioned in paragraph 32‑4(1)(a); or
 (ii) result in the number of extra service places exceeding the maximum proportion (if any) set by the Minister under section 32‑7.
 (2) The Secretary must grant *extra service status in respect of the applications in a way that ensures that the extra service status granted will not:
 (a) unreasonably reduce access as mentioned in paragraph 32‑4(1)(a); or
 (b) result in the number of extra service places exceeding the maximum proportion (if any) set by the Minister under section 32‑7.
 (3) The Secretary must, in deciding which applications will succeed:
 (a) give preference to those applications that best meet the criteria in section 32‑4; and
 (b) have regard to the level of the extra service fees (see Division 35) proposed in each application.
 (4) The Extra Service Principles may set out matters to which the Secretary is to have regard in determining which applications best meet the criteria set out in section 32‑4.

32‑6  Application fee
 (1) The Extra Service Principles may specify:
 (a) the application fee; or
 (b) the way the application fee is to be worked out.
 (2) The amount of any application fee:
 (a) must be reasonably related to the expenses incurred or to be incurred by the Commonwealth in relation to the application; and
 (b) must not be such as to amount to taxation.

32‑7  Maximum proportion of places
 (1) The Minister may determine, in respect of any State or Territory, or any region within a State or Territory, the maximum proportion of the total number of *places allocated in the State, Territory or region that may be extra service places.
 (2) The determination must be published on the Department's website.

32‑8  Conditions of grant of extra service status
 (1) *Extra service status is subject to the terms and conditions set out in the notice given to the applicant under subsection 32‑9(1).
 (2) The conditions are taken to include any conditions set out in this Act and any conditions specified in the Extra Service Principles.
 (3) Without limiting the conditions to which a grant of *extra service status in respect of a residential care service, or *distinct part, may be subject, such a grant is subject to the following conditions:
 (a) if the Extra Service Principles specify standards that must be met by a residential care service, or a distinct part of a residential care service, that has extra service status—the service, or distinct part, must meet those standards;
 (b) residential care may not be provided other than on an extra service basis through the residential care service, or distinct part, except to a care recipient who was being provided with residential care through the service, or distinct part, immediately before