Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:4_9
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 4 cl 9
Character Range: 129660–130817

9  Imposition of sanctions on approved providers still under consideration by Secretary at transition time
(1) This item applies if:
 (a) before the transition time, the Secretary was considering whether to impose a sanction on an approved provider under Part 4.4 of the Aged Care Act; and
 (b) before that time, the Secretary complied with the requirements of Division 67 of that Act in relation to the imposition of the sanction on the provider; and
 (c) immediately before that time, the Secretary is still considering whether to impose the sanction on the provider.
(2) After the transition time, the Commissioner may decide to impose a sanction on the approved provider under section 63N of the Commission Act.
(3)  In deciding whether to impose a sanction on the approved provider under section 63N of the Commission Act, the Commissioner may:
 (a) consider any relevant thing done before the transition time by, or in relation to, the Secretary under or for the purposes of Part 4.4 of the Aged Care Act; and
 (b) may disregard Division 3 of Part 7B of the Commission Act if the Commissioner considers it is reasonable to do so in the circumstances.