Document ID: chunk:federal_register_of_legislation:C2025C00122:section:10:p3
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 10 (pt 3/4)
Character Range: 35971–38692

to meet these responsibilities can lead to the imposition of sanctions on an approved provider under Part 7B of the *Quality and Safety Commission Act, which may affect amounts of *subsidy payable to the approved provider.

3‑5  Grants (Chapter 5)
  The Commonwealth makes grants under Chapter 5 to contribute to costs associated with:
 (a) the establishment or enhancement of *aged care services (for example, *residential care grants); or
 (c) support services related to the provision of aged care (for example, *advocacy grants).
The grants are (in most cases) payable under agreements with the recipients of the grants, and may be subject to conditions.

Division 4—Application of this Act

4‑1  Application of this Act
 (1) This Act applies in all the States and Territories.
 (2) However, this Act does not apply in any external Territory, except Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.
 (3) Despite subsection (1), Parts 2.2, 2.5 and 3.1 apply in relation to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands as if those Territories were part of Western Australia and were not Territories.
Note: This has the effect that references in Parts 2.2, 2.5 and 3.1 to a Territory do not apply to the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, and that references in those Parts to a State will be relevant to Western Australia as if it included those Territories.
 (4) Despite subsection (1), Parts 2.2, 2.5 and 3.1 apply in relation to Norfolk Island as if Norfolk Island were part of New South Wales and were not a Territory.
Note: This has the effect that references in Parts 2.2, 2.5 and 3.1 to a Territory do not apply to Norfolk Island, and that references in those Parts to a State will be relevant to New South Wales as if it included Norfolk Island.

4‑2  Binding the Crown
 (1) This Act binds the Crown in each of its capacities.
 (2) This Act does not make the Crown liable to be prosecuted for an offence.

Chapter 2—Preliminary matters relating to subsidies

Division 5—Introduction

5‑1  What this Chapter is about

      Before the Commonwealth can pay a *subsidy to an approved provider of *aged care, a number of approvals and similar decisions may need to have been made. These relate to:
         • the *aged care service in question—for residential care services and flexible care services, *places must have been allocated in respect of the service (see Part 2.2). In addition, decisions can be made under Part 2.5 allowing places in a residential care service to become *extra service places (enabling higher fees to be charged for those places);
         • the recipient of the