Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:2_74c
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 2 cl 74C
Character Range: 101372–103364

74C  Modifications of Part 2 of the Regulatory Powers Act
 (1) This section applies in relation to Part 2 of the Regulatory Powers Act as that Part applies in relation to the following:
 (a) the provision mentioned in subsection 74B(1) of this Act;
 (b) the information mentioned in subsection 74B(2) of this Act.

Consent
 (2) Before obtaining the consent of an occupier of premises who is an approved provider for the purposes of paragraph 18(2)(a) of the Regulatory Powers Act, an authorised officer must inform the occupier that the occupier has a responsibility under paragraph 63‑1(1)(b) of the Aged Care Act to cooperate with a person who is performing functions, or exercising powers, under Part 2 of the Regulatory Powers Act.
Note: See section 25 of the Regulatory Powers Act for additional rules about consent.

Securing electronic equipment etc.
 (3) Sections 21, 22 and 33 of the Regulatory Powers Act are taken to apply as if:
 (a) a reference to "24 hours" in sections 21 and 22 of that Act were a reference to "48 hours"; and
 (b) a reference to a "24‑hour period" in sections 21 and 22 of that Act were a reference to a "48‑hour period".

Asking questions and seeking production of documents
 (4) The second reference to the occupier of premises in subsection 24(2) of the Regulatory Powers Act is taken to include a reference to any other person on the premises.
 (5) Before requesting a person who is an approved provider to answer a question, or produce a document, under subsection 24(2) of the Regulatory Powers Act, an authorised officer must inform the person that the person has a responsibility under paragraph 63‑1(1)(b) of the Aged Care Act to cooperate with a person who is performing functions, or exercising powers, under Part 2 of the Regulatory Powers Act.
 (6) If an authorised officer requests a person to answer a question, or produce a document, under subsection 24(2) of the Regulatory Powers Act, the person is not required to comply with the request.