Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p9
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 9/54)
Character Range: 60440–63264

submissions made by the individual and the approved provider in accordance with the notice.

Notice of determination
 (7) If the *Quality and Safety Commissioner decides to make the determination in relation to an individual who is one of the *key personnel of the approved provider, the Commissioner must, within 14 days after making the decision, give the individual and the provider a written notice that:
 (a) sets out the decision; and
 (b) sets out the reasons for the decision; and
 (c) states that the provider must, within a specified period, take specified action to ensure that the individual ceases to be one of the key personnel of the provider; and
 (d) sets out the effect of sections 10A‑2A and 10A‑3.
Note: The approved provider may request the *Quality and Safety Commissioner to reconsider the decision under Part 8B of the *Quality and Safety Commission Act.

10A‑2A  Offence relating to failure to take action as required by determination
  A *corporation commits an offence if:
 (a) the corporation is an approved provider; and
 (b) the *Quality and Safety Commissioner makes a determination under subsection 10A‑2(1) in relation to an individual who is one of the *key personnel of the corporation; and
 (c) the corporation fails to take the action specified in the notice of the determination within the period specified in that notice.
Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence.
Penalty: 300 penalty units.

10A‑2B  Offence relating to failure to comply with responsibility to consider suitability matters relating to key personnel
  A *corporation commits an offence if:
 (a) the corporation is an approved provider; and
 (b) the corporation fails to comply with the responsibility under subparagraph 63‑1A(a)(i).
Penalty: 300 penalty units.

10A‑3  Remedial orders

Unacceptable key personnel situation
 (1) For the purposes of this section, an unacceptable key personnel situation exists if:
 (a) the *Quality and Safety Commissioner makes a determination under subsection 10A‑2(1) in relation to an individual who is one of the *key personnel of an approved provider; and
 (b) the provider fails to take the action specified in the notice of the determination within the period specified in that notice.

Grant of orders
 (2) If an unacceptable key personnel situation exists, the Federal Court may, on application by the Secretary, make such orders as the court considers appropriate for the purpose of ensuring that that situation ceases to exist.
 (3) In addition to the Federal Court's power under subsection (2), the court:
 (a) has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and
 (b)