Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:2_29:p1
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 2 cl 29 (pt 1/9)
Character Range: 43847–46729

29  Part 6.4
Repeal the Part, substitute:

Part 6.4—Compliance and enforcement powers

Division 90—Introduction

90‑1  Simplified outline of this Part

      An APS employee in the Department may be appointed as an *authorised officer.
      An authorised officer may enter premises with consent of the occupier and exercise *search powers there for the purposes of the Secretary:
             (a) making a decision on an application made under this Act or the Aged Care (Transitional Provisions) Act 1997; or
             (b) determining whether the conditions to which a grant under Chapter 5 of this Act is subject have been complied with.
      An authorised officer may enter premises under a warrant or with consent of the occupier and exercise monitoring powers there under Part 2 of the *Regulatory Powers Act, for the purposes of determining:
             (a) whether section 25‑3 (which deals with the appraisal of the level of care needed by care recipients) or sections 27‑3 and 27‑5 (which deal with the reappraisal of the level of care needed by care recipients) of this Act have been complied with; or
             (b) whether information given in compliance, or purported compliance, with a provision of Chapter 3 of this Act or a provision of Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 (which both deal with *subsidies) is correct.
      An authorised officer may, under Part 3 of the Regulatory Powers Act, gather material that relates to the contravention of a *civil penalty provision in this Act.
      Parts 2 and 3 of the Regulatory Powers Act are applied by this Part with suitable modifications.
      The Secretary may require a person in certain circumstances to attend before an authorised officer to answer questions or provider information or documents.

Table of Divisions
90 Introduction
91 Entry and search powers relating to certain applications and grants
92 Regulatory Powers
93 Notice to attend to answer questions etc.
94 Appointment of authorised officers

Division 91—Entry and search powers relating to certain applications and grants

91‑1  Power to enter premises and exercise search powers in relation to certain applications and grants
 (1) This section applies if the Secretary considers that it is necessary for an *authorised officer to exercise powers under this Division for the purposes of the Secretary:
 (a) making a decision on an application made under this Act or the Aged Care (Transitional Provisions) Act 1997; or
 (b) determining whether the conditions to which a grant under Chapter 5 of this Act is subject have been complied with.
 (2) An *authorised officer may:
 (a) enter any premises; and
 (b) exercise the *search powers in relation to the premises;
for the purposes of the Secretary making the decision or determination.
 (3) However, an *authorised officer is not authorised to enter premises