Document ID: chunk:federal_register_of_legislation:C2004A00751:clause:1_7:p2
Version: federal_register_of_legislation:C2004A00751
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 2/2)
Character Range: 10348–12232

some or all of the *places allocated to the approved provider under Part 2.2; and
 (b) the Secretary decides that the sanction should take effect on a progressive basis; and
 (c) that decision is set out in the section 67‑5 notice.

Vacant places

 (2) If, immediately before the *section 67‑5 notice time, the approved provider was not providing *aged care to a care recipient in respect of an allocated *place:
 (a) the place is taken to be a vacant place for the purposes of this section; and
 (b) the sanction takes effect, in relation to the vacant place, at the section 67‑5 notice time.

Occupied places

 (3) If, immediately before the *section 67‑5 notice time, the approved provider was providing *aged care to a care recipient in respect of an allocated *place:
 (a) the place is taken to be an occupied place for the purposes of this section; and
 (b) the sanction takes effect, in relation to the occupied place, when the approved provider subsequently ceases to provide aged care to the care recipient in respect of the occupied place.

 (4) For the purposes of paragraph (3)(b), disregard an occupied place if, at the time of the cessation, the sanction has already taken effect in relation to the number of allocated *places subject to the sanction.

Ancillary provisions

 (5) This section does not apply unless the number of allocated *places subject to the sanction exceeds the number of vacant places.

 (6) In making a decision under subsection (1), the Secretary must have regard to matters specified in the Sanctions Principles.

Note: See also subsection 42‑2(1), which is about the provision of residential care when a care recipient is on leave under section 42‑2.

67A‑6  This Division has effect subject to section 66‑2

  This Division has effect subject to section 66‑2.

Note: Section 66‑2 provides for sanctions not to take effect in certain cases.