Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:4_8
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 4 cl 8
Character Range: 128140–129660

8  Sanctions imposed on approved providers that have not come into effect immediately before transition time etc.
(1) This item applies in relation to a sanction imposed on an approved provider under Part 4.4 of the Aged Care Act if:
 (a) the sanction was imposed before the transition time; and
 (b) immediately before that time, either of the following apply:
 (i) the sanction has not come into effect in accordance with the sanction notice given in relation to the sanction;
 (ii) the sanction period for the sanction specified in the sanction notice given in relation to the sanction has started but not ended.
(2) Despite the repeal of Part 4.4 of the Aged Care Act by Schedule 2 to this Act:
 (a) the sanction is taken, after the transition time, to have been imposed under section 63N of the Commission Act; and
 (b) the sanction notice continues to have effect, after that time, as if it were a notice given under that section; and
 (c) if the approved provider agreed, before that time, to do one or more things specified in the sanction notice for the purposes of section 66‑2 of the Aged Care Act—the agreement continues to have effect, after that time, as if it were an agreement made for the purposes of section 63U of the Commission Act; and
 (d) if the approved provider agrees, after that time, to do one or more things specified in the sanction notice for the purposes of section 66‑2 of the Aged Care Act—the agreement is taken to have been made for the purposes of section 63U of the Commission Act.