Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p14
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 14/54)
Character Range: 73205–75900

an approved provider at the time the allocation takes effect or, in the case of a provisional allocation, at the time that allocation begins to be in force;
 (ii) the person's approval will be in respect of the aged care in respect of which the places are allocated.
 (2A) The *places must not be allocated to a person if:
 (a) a sanction has been imposed on the person under section 63N of the *Quality and Safety Commission Act; and
 (b) the sanction prohibits the further allocation of places under this Part to the person; and
 (c) the sanction is in effect.
 (3) The allocation:
 (a) must be the one that the Secretary is satisfied would best meet the needs of the aged care community in the *region (see section 14‑2); and
 (b) may be made subject to conditions (see sections 14‑5 and 14‑6).
 (4) In order for an allocation to be made to a person:
 (a) the person must have made a valid application in respect of the allocation (see Division 13); and
 (b) the allocation must comply with the terms of an invitation published under Division 13 (see section 14‑3);
except so far as the Secretary waives these requirements under section 14‑4.
Note: However, paragraph (3)(a) and subsection (4) will not apply to an allocation of *places in a situation of emergency (see section 14‑9).

14‑2  Competitive assessment of applications for allocations
  In deciding which allocation of *places would best meet the needs of the aged care community in the *region, the Secretary must consider, in relation to each application, the matters set out in the Allocation Principles.

14‑3  Compliance with the invitation
  The allocation complies with the terms of the invitation if:
 (a) *places that are specified in the invitation as being *available for allocation in respect of a particular type of *subsidy have been allocated only in respect of that type of subsidy; and
 (b) places that are specified in the invitation as being available for allocation in respect of a particular *region have been allocated only in that region; and
 (c) the total number of places that have been allocated does not exceed the number of places specified in the invitation as being available for allocation; and
 (d) the Secretary has considered all valid applications made in respect of the allocation, together with any further information given under section 13‑4 in relation to those applications; and
 (e) the allocation was made after the closing date.

14‑4  Waiver of requirements
 (1) The Secretary may waive the requirement under paragraph 14‑1(4)(a) that each person who is allocated *places must have made a valid application in respect of the allocation if:
 (a) each of the persons made an application