Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p17
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 42814–45556

for completion of sale; and

     (f)     if the investigation period began on a day earlier than the commencement of this Part—determine whether, in the Secretary's opinion, the vendor, or an earlier proprietor of the nursing home, has received, or missed out on receiving, a fee-determining benefit in respect of the investigation period; and

     (g)    if the Secretary determines that, in his or her opinion, the vendor or an earlier proprietor of the nursing home has received, or missed out on receiving (as the case may be), a fee-determining benefit—determine an amount that is, in the Secretary's opinion, a fair estimate of that amount.

  "(2) The purpose of the investigation is to:

     (a)     establish whether the vendor, or an earlier proprietor of that nursing home, has received an overpayment in respect of the nursing home in respect of the investigation period; and

     (b)     if there has been such an overpayment—allow the Secretary to work out the amount of the overpayment and how much of it (if any) is still owing on the last day in the investigation period; and

     (c)     if the investigation period began on a day earlier than the commencement of this Part—establish whether the vendor, or an earlier proprietor of that nursing home, has received, or

     missed out on receiving, a fee-determining benefit in respect of the investigation period; and

     (d) if the vendor, or an earlier proprietor of that nursing home, has received, or missed out on receiving (as the case may be), a fee-determining benefit—allow the Secretary to work out the amount of benefit.

  "(3) A determination under paragraph (1)(e) or (g) must:

   (a)     be in writing; and

   (b)     state the amount determined by the Secretary; and

   (c)     set out the means by which the amount is determined.

"(4) On or before the notified day of completion of the sale, a copy of the determination may be provided to both the vendor and the purchaser of the nursing home.

"(5) In determining an amount under paragraph (1)(e) the Secretary must comply with any relevant principles in force under subsection (6).

"(6) The Minister may set out, in writing, principles to be complied with by the Secretary with respect to his or her powers under paragraph (1)(e).

Note: See section 65T for when the principles come into force.

If no notice of sale given or vendor sells before notified date

  "65G.(1) This section applies in the following cases:

  (a) if:

      (i) an approved nursing home has been sold; and (ii) the Secretary did not receive notice of the sale under section 65A or 65B or was not otherwise informed of the sale before the day of completion of sale;

    (b) if the proprietor of an approved nursing