Document ID: chunk:federal_register_of_legislation:C2024A00104:section:109:p2
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 109 (pt 2/2)
Character Range: 223585–225267

the application is made;
 (b) the entity has the commitment, capability and capacity (including through any systems the entity has, or proposes to have) to deliver funded aged care services, having regard to the intended service types;
 (c) if any of the funded aged care services in the intended service types are services delivered in a residential care home—either:
 (i) the entity has made an application under section 111 (approval of residential care homes) and at least one residential care home specified in that application meets the requirements in paragraph 113(b); or
 (ii) at least one approved residential care home of the entity meets the requirements in paragraph 113(b);
 (d) for a provider registration category prescribed by the rules—either:
 (i) an audit conducted in accordance with rules made for the purposes of section 110 has found the entity will be able to conform with the Aged Care Quality Standards that apply to the provider registration category; or
 (ii) circumstances prescribed by the rules apply in relation to the entity and the provider registration category;
 (e) any other requirements prescribed by the rules.

Registration must not be inconsistent with banning order
 (3) Despite subsections (1) and (2), if a banning order is in force in relation to an entity, the Commissioner must not register, or renew the registration of, the entity in a way that would be inconsistent with the banning order.

Rules may exempt certain providers
 (4) The rules may prescribe that one or more of the paragraphs in subsection (1) or (2) (other than paragraph (2)(d)) do not apply in relation to an entity in a class of entities prescribed by the rules.