Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:1_501c
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 1 cl 501C
Character Range: 27385–28392

501C  Participation agreements—failure to negotiate

Failure to enter agreement

 (1) If:
 (a) a person has been given notice under subsection 501A(5) of a requirement to enter into a participation agreement; and
 (b) the Secretary is satisfied, because of the person's failure to:
 (i) attend the negotiation of the agreement; or
 (ii) respond to correspondence about the agreement; or
 (iii) agree to the reasonable terms of the agreement proposed by the Secretary;
  or for any other reason, that the person is unreasonably delaying entering into the agreement;
then:
 (c) the Secretary may give the person notice that the person is taken to have failed to enter the agreement; and
 (d) if the notice is given—the person is taken to have so failed.

Form of notice

 (2) A notice under paragraph (1)(c) must:
 (a) be in writing; and
 (b) set out the reasons for the decision to give the notice; and
 (c) include a statement describing the rights of the person to apply for the review of the decision.