Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p27
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 27/54)
Character Range: 105926–108586

relation to the transfer; or
 (c) for cases where the transfer would result in residential care in respect of the place being provided through a residential care service in a different location where that residential care service has, or a *distinct part of that service has, *extra service status—neither subsection 16‑7(1) nor (2) applies in relation to the transfer; or
 (d) the proposed transfer would result in the place being transferred to another State or Territory; or
 (e) circumstances specified in the Allocation Principles exist.
Note: Decisions to give a veto notice are reviewable under Part 6.1.
 (2) A veto notice must:
 (a) be in writing; and
 (b) contain a statement that it is a notice under this section; and
 (c) state the reasons for giving the veto notice.

16‑7  Transfer of places to service with extra service status
 (1) This subsection applies in relation to a transfer if the Secretary is satisfied that the *places other than the places to be transferred could, after the allocation, form one or more distinct parts of the residential care service.
 (2) This subsection applies in relation to a transfer if the Secretary is satisfied that:
 (a) granting the transfer would be reasonable, having regard to the criteria set out in section 32‑4; and
 (b) granting the transfer would not result in the maximum proportion of *extra service places under section 32‑7, for the State, Territory or region concerned, being exceeded; and
 (c) any other requirements set out in the Allocation Principles are satisfied.

16‑8  Transfer day
 (1) Subject to this section, a transfer of a *place to which this Subdivision applies from one person to another takes effect on the transfer day.
 (2) The transfer day is the day that is:
 (a) the proposed transfer day specified in the transfer notice; or
 (b) if another day is, by operation of this Act, the proposed transfer day—that other day.
 (3) The transfer of a *place does not occur if a veto notice has been given rejecting the transfer and the notice is in effect on the transfer day.
 (4) The transfer of a *place does not occur if the transferee is not an approved provider on the transfer day.

16‑9  Effect of transfer on certain matters
  If a transfer of a *place takes effect under this Subdivision on the transfer day:
 (a) the transferee is taken, from the transfer day, to be the person to whom the place is allocated; and
 (b) any entitlement of the transferor to an amount of *subsidy, in respect of the *place being transferred, that is payable but has not been paid passes to the transferee; and
 (c) any responsibilities under Part 4.2 that the transferor had, immediately