Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p49
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 49/53)
Character Range: 461240–463952

the allocation may be either or both of the following:
 (a) a reduction of the amount of the grant;
 (b) a variation of any of the conditions to which the allocation is subject.
 (3) Before deciding to vary or revoke the allocation, the Secretary must notify the approved provider that it is being considered. The notice:
 (a) must be in writing; and
 (b) must invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and
 (c) must inform the approved provider that, if no submissions are made within that period, the variation or revocation takes effect on the day after the last day for making submissions.
 (4) In making the decision whether to vary or revoke the allocation, the Secretary must consider any submissions made within that period.
 (5) The Secretary must notify, in writing, the approved provider of the decision.
 (6) The notice must be given to the approved provider within 28 days after the end of the period for making submissions. If the notice is not given within that period, the Secretary is taken to have decided not to vary or revoke the allocation, as the case requires.
 (7) A variation or revocation has effect:
 (a) if no submissions were made within the 28 day period—on the day after the last day for making submissions; or
 (b) if submissions were made within that period—on the day after the approved provider receives a notice under subsection (5).

73‑5  Variation of allocations on application of approved provider
 (1) An approved provider may at any time apply to the Secretary for a variation of an allocation of a *residential care grant to the approved provider.
 (2) A variation of the allocation may be either or both of the following:
 (a) a reduction of the amount of the grant;
 (b) a variation of any of the conditions to which the allocation is subject.
 (3) The application must be in the form approved by the Secretary.
 (4) If the Secretary needs further information to determine the application, the Secretary may give to the approved provider a notice requesting the approved provider to give the further information within 28 days after receiving the notice, or within such shorter period as is specified in the notice.
 (5) The Secretary must make a variation or reject the application:
 (a) within 28 days after receiving the application; or
 (b) if the Secretary has requested further information under subsection (4)—within 28 days after receiving the information.
Note: Variations of allocations and rejections of applications are reviewable under Part 6.1.
 (6) The Secretary must notify the approved provider in writing of the Secretary's decision.

73‑6  Agreement taken to be varied