Document ID: chunk:federal_register_of_legislation:C2024A00104:section:499
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 499
Character Range: 701450–702676

499  Notice of intention to make a banning order
 (1) Before the Commissioner makes a banning order under section 497 or 498 against an entity (whether an individual or not), the Commissioner must, by written notice, notify the entity that the Commissioner is considering making the order.
 (2) Subsection (1) does not apply if:
 (a) the Commissioner reasonably believes that there is an immediate and severe risk to the safety, health or wellbeing of one or more individuals accessing funded aged care services if the banning order is not made against the entity; or
 (b) the Commissioner has revoked the registration of the entity as a registered provider.
 (3) The notice must:
 (a) set out the reasons why the Commissioner is considering making the banning order against the entity; and
 (b) invite the entity to make submissions, in writing, to the Commissioner in relation to the matter within 14 days after receiving the notice; and
 (c) inform the entity that the Commissioner may make the order against the entity after the end of that period and considering any submissions made by the entity within that period.
 (4) The Commissioner must consider any submissions made by the entity in accordance with the notice.