Document ID: chunk:federal_register_of_legislation:C2024A00104:section:543
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 543
Character Range: 759947–760873

543  Retention of records by former registered provider
 (1) An entity commits an offence if:
 (a) the entity has ceased to be a registered provider of a kind prescribed by the rules; and
 (b) the entity fails to retain for 7 years after that cessation a record; and
 (c) immediately before that cessation, it was a condition of the entity's registration as a registered provider that the entity retain the record; and
 (d) the record relates to a funded aged care service the entity delivered as a registered provider.
Penalty: 60 penalty units.
 (2) Subsection (1) does not apply in relation to a record the entity was required to transfer to someone else when or after the entity ceased to be a registered provider.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

Part 4—Information sharing

Division 1—Publication by System Governor