Document ID: chunk:federal_register_of_legislation:C2024A00109:clause:2_5:p1
Version: federal_register_of_legislation:C2024A00109
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 1/3)
Character Range: 29848–32567

5  Registration of entities

Deeming of registered providers
(1) The following entities (within the meaning of the new Act) are taken, at the transition time, to be registered as a registered provider under paragraph 105(1)(a) of the new Act:
 (a) an entity that is, immediately before the transition time, an approved provider within the meaning of section 7 of the Commission Act;
 (b) an entity that is, immediately before the transition time, the holder of an approval under section 63D of the Commission Act that is suspended under section 63N of that Act.
(2) Despite subitem (1), that subitem does not apply in relation to an entity if the System Governor determines, in accordance with any determination made under subitem (14), that the entity is an inactive provider because the entity had not, before the transition time, claimed subsidy (within the meaning of the old Act) for a period of time that the System Governor considers significant.

Registration period
(3) For the purposes of subitem (1), the entity's registration period for the purposes of section 115 of the new Act is taken to be the period, of no less than 3 months and no more than 3 years and 3 months, determined, in accordance with any determination made under subitem (14), by the System Governor to be appropriate for the provider.
(4) Before making a determination under subitem (3), the System Governor must seek, and take into account, the advice of the Commissioner.
(5) In providing advice for the purposes of subitem (4), the Commissioner must have regard to:
 (a) the recency of any audits conducted under the Commission Act in relation to the entity; and
 (b) the desirability of ensuring a smooth sequence of audits conducted under section 110 of the new Act.

Registration categories
(6) For the purposes of subitem (1), the entity is, for the purposes of paragraph 105(1)(a) of the new Act, taken to be registered in the registration categories determined by the System Governor (in accordance with any determination made under subitem (14)) to be appropriate for the entity having regard to the following:
 (a) the general need for continued delivery of funded aged care services to individuals that correspond as nearly as possible to the types of aged care provided to individuals under the old Act and the services provided under agreements between aged care providers and the Commonwealth;
 (b) any types of aged care the entity was, immediately before the transition time, approved to provide under section 63D of the Commission Act;
 (c) any services covered in an agreement between the entity and the Commonwealth that was in effect immediately before the transition time;
 (d) any types of aged care or services the