Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p31
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 31/54)
Character Range: 115870–118549

the commencement of this subsection, in respect of which any payment was or is payable under a law of the Commonwealth.
 (3) For the purposes of paragraph (1)(g), the transferee has relevant key personnel in common with a person who is or has been an approved provider if:
 (a) at the time the person provided *aged care as an approved provider, another person was one of its *key personnel; and
 (b) that other person is one of the key personnel of the transferee.

16‑15  Notice to resolve
 (1) If the Secretary receives a transfer notice and any issues relating to the transfer are of concern to the Secretary, then no more than 28 days after receiving the transfer notice the Secretary may issue the transferor and transferee a notice to resolve.
 (2) The notice to resolve must:
 (a) be in writing; and
 (b) specify the issue of concern to the Secretary; and
 (c) specify the person who is to resolve the issue; and
 (d) specify the action the Secretary requires the person to take to resolve the issue; and
 (e) invite the transferee and transferor to make submissions addressing the matters, in writing, to the Secretary within 28 days after receiving the notice or such shorter period as is specified in the notice; and
 (f) state that, if any matters specified in that notice remain of concern to the Secretary after the submissions (if any) have been considered, the Secretary may issue a veto notice under section 16‑17.

16‑16  Change to proposed transfer day
 (1) A proposed transfer day (the changing proposed transfer day) becomes a later day if one of the following occurs:
 (a) the Secretary is given a notice under subsection 16‑13(8) no more than 28 days before the changing proposed transfer day;
 (b) the Secretary issues the transferor and transferee a notice to resolve under section 16‑15.
Note: This section may operate multiple times in respect of one transfer.
 (2) Subject to subsection (3), the proposed transfer day becomes the 29th day after the changing proposed transfer day.
 (3) However, if before the end of the 28th day after the changing proposed transfer day:
 (a) the transferor and transferee agree, in writing, to another proposed transfer day that is later than the 29th day after the changing proposed transfer day; and
 (b) the Secretary agrees, in writing, to the other proposed transfer day;
the other proposed transfer day becomes the proposed transfer day.

16‑17  Veto notice
 (1) If the Secretary receives a transfer notice relating to a *provisionally allocated place, the Secretary may, at least 7 days before the proposed transfer day, give the transferor and transferee a veto notice rejecting the transfer if:
 (a) a notice