Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p24
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 24/54)
Character Range: 98599–101322

to in subsection (3); and
 (c) be signed by the transferor and the transferee; and
 (d) set out any variation of the conditions to which the allocation is subject under section 14‑5, for which approval is being sought as part of the transfer; and
 (e) if, after the transfer, the *place would relate to a different *aged care service—set out the proposals for ensuring that care needs are appropriately met for care recipients who are being provided with care in respect of a place of that kind.
 (3) The information to be included in the notice is as follows:
 (a) the transferor's name;
 (b) the number of *places to be transferred;
 (c) the *aged care service to which the places currently relate, and its location;
 (d) the proposed transfer day;
 (e) the transferee's name;
 (f) if, after the transfer, the places would relate to a different aged care service—that aged care service, and its location;
 (g) whether any of the places are places included in a residential care service, or a *distinct part of a residential care service, that has *extra service status;
 (h) such other information as is specified in the Allocation Principles.
 (4) The notice must be given:
 (a) if the transferee is an approved provider—no later than 60 days, or such other period as the Secretary determines under subsection (5), before the proposed transfer day specified in the notice; or
 (b) if the transferee is not an approved provider—no later than 90 days, or such other period as the Secretary determines under subsection (5), before the proposed transfer day specified in the notice.
 (5) The Secretary may, at the request of the transferor and the transferee, determine another period under paragraph (4)(a) or (b) if the Secretary is satisfied that it is justified in the circumstances.
 (6) In deciding whether to make a determination, and in determining another period, the Secretary must consider any matters set out in the Allocation Principles.
 (7) The Secretary must give written notice of his or her decision under subsection (5) to the transferor and the transferee.
 (8) If the information included in a transfer notice changes, the notice is taken not to have been given under this section unless the transferor and the transferee give the Secretary written notice of the changes.

16‑3  Consideration of notices
 (1) If the Secretary receives a transfer notice, the Secretary must consider whether the Secretary is satisfied of the following:
 (a) whether the transfer would meet the objectives of the planning process set out in section 12‑2;
 (b) if the places were allocated to meet the needs of *people with special needs—whether those needs would continue to be met after the transfer;
 (c) the suitability