Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_53
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 53
Character Range: 152376–153912

53  Matters the Secretary must have regard to in specifying the day of effect of a revocation of a suspension
 (1) This section prescribes matters for subsection 195H(6) of the Family Assistance Administration Act to be taken into account by the Secretary in specifying the day of effect of the revocation of a suspension of a provider's approval (under subsection (1) of that section) for non‑compliance with a condition (or conditions) of the provider's continued approval.
 (2) This section does not limit the matters the Secretary may take into account for that purpose.
 (3) The Secretary must take into account the following matters:
 (a) whether the provider is now complying (to the extent it is possible to do so whilst suspended) with all conditions for continued approval, and if so, whether it is appropriate to specify that the revocation of suspension is to take effect immediately;
 (b) if relevant, the date on which the provider remedied the non‑compliance, and if so, whether it is appropriate to specify that date as the day of effect;
 (c) if the provider is not yet able to comply with all conditions for continued approval, whether the provider has demonstrated the ability to do so by a specified date in the future, and if so, whether it is appropriate to specify that date as the day of effect;
 (d) if the Secretary is satisfied that the suspension should never have taken place, whether it is appropriate for the revocation to take effect from the day of suspension.

Division 8—Backdating of approvals etc.