Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p15
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 37798–40545

the intended sale of an approved nursing home; or

    (b)     been otherwise informed of the sale 90 days or more before the proposed day of sale;

the Secretary must order the following investigations to be carried out in respect of the nursing home:

    (c)     an investigation in respect of the period beginning on a day determined by the Secretary and ending on the last preceding 30 June; and

    (d)     an investigation in respect of the period beginning on the immediately preceding 1 July and ending at the end of the day immediately before the day on which the contract of sale is completed.

  "(2) The purpose of each 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) has not been recovered as at 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 the 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.

Secretary may also determine certain matters

"65D.(1) Before the second investigation in respect of the operation of an approved nursing home is completed, the Secretary must determine, in writing:

    (a)     whether, in the Secretary's opinion, the vendor, or an earlier proprietor of the nursing home, has received an overpayment in respect of the nursing home, in respect of the second investigation period; and

    (b)     the amount (if any) that, in the Secretary's opinion, is a fair estimate of the total amount of any such overpayment.

"(2) In determining an amount under paragraph (1)(b) the Secretary must comply with any relevant principles in force under subsection (3).

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

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

Parties to a contract of sale to be informed of results of investigation etc.

"65E. If the Secretary has ordered an investigation to be carried out in respect of an approved nursing home under section 65C, the Secretary may, before the notified day for completion of sale