Document ID: chunk:federal_register_of_legislation:C2025C00143:section:54:p5
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 54 (pt 5/6)
Character Range: 195935–198590

employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Sub‑delegation
 (12) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a sub‑delegation in a corresponding way to the way in which they apply to a delegation.

96‑4  Care provided on behalf of an approved provider
  A reference in this Act to an approved provider providing care includes a reference to the provision of that care by another person, on the approved provider's behalf, under a contract or arrangement entered into between the approved provider and the other person.
Note: The approved provider will still be subject to the responsibilities under Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997 in respect of care provided by the other person.

96‑5  Care recipients etc. lacking capacity to enter agreements
  If:
 (a) this Act provides for an approved provider and a care recipient, or a person proposing to enter an *aged care service, to enter into an agreement; and
 (b) the care recipient or person is, because of any physical incapacity or mental impairment, unable to enter into the agreement;
another person (other than an approved provider) representing the care recipient or person may enter into the agreement on behalf of the care recipient or person.
Note: The agreements provided for in this Act are *accommodation bond agreements and accommodation charge agreements.

96‑6  Applications etc. on behalf of care recipients
  If this Act provides for a care recipient to make an application or give information, the application may be made or the information given by a person authorised to act on the care recipient's behalf.

96‑7  Withdrawal of applications
 (1) A person who has made an application to the Secretary under this Act may withdraw the application at any time before the Secretary makes a decision relating to the application.
 (2) If:
 (a) this Act provides that an application under this Act is taken to be withdrawn if the application does not give further information, within a particular period, as requested by the Secretary; and
 (b) the Secretary, at the applicant's request, extends the period for giving the further information;
the application is not taken to be withdrawn unless the applicant does not give the further information within the period as extended.

96‑13  Regulations
  The Governor‑General may make regulations prescribing matters:
 (a) required or permitted by this Act to be prescribed; or
 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.