Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p32
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 32/54)
Character Range: 118301–121000

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 to resolve has been given in respect of the transfer and issues specified in that notice remain of concern to the Secretary; or
 (b) the Secretary is not satisfied of the matters in section 16‑14 in relation to the transfer; or
 (c) for cases where the transfer would result in residential care in respect of the place being provided through a different residential care service where that residential care service has, or a *distinct part of that service has, *extra service status—neither subsection 16‑18(1) nor (2) applies in relation to the transfer; or
 (d) the proposed transfer would result in the place being transferred to another State or Territory; or
 (e) circumstances specified in the Allocation Principles exist.
Note: Decisions to give a veto notice are reviewable under Part 6.1.
 (2) A veto notice must:
 (a) be in writing; and
 (b) contain a statement that it is a notice under this section; and
 (c) state the reasons for giving the veto notice.

16‑18  Transfer of places to service with extra service status
 (1) This subsection applies in relation to a transfer if the Secretary is satisfied that the provisionally allocated places other than the places to be transferred could, after the allocation, form one or more distinct parts of the residential care service.
 (2) This subsection applies in relation to a transfer if the Secretary is satisfied that:
 (a) granting the transfer would be reasonable, having regard to the criteria set out in section 32‑4; and
 (b) granting the transfer would not result in the maximum proportion of *extra service places under section 32‑7, for the State, Territory or region concerned, being exceeded; and
 (c) any other requirements set out in the Allocation Principles are satisfied.

16‑19  Transfer day
 (1) Subject to this section, a transfer of a *provisionally allocated place to which this Subdivision applies from one person to another takes effect on the transfer day.
 (2) The transfer day is the day that is:
 (a) the proposed transfer day specified in the transfer notice; or
 (b) if another day is, by operation of this Act, the proposed transfer day—that other day.
 (3) The transfer of a *place does not occur if a veto notice has been given rejecting the transfer and the notice is in effect on the transfer day.
 (4) The transfer of a *place does not occur if the transferee is not an approved provider on the transfer day.

16‑20  Effect of transfer on certain matters