Document ID: chunk:federal_register_of_legislation:F2024C00838:reg:26:p2
Version: federal_register_of_legislation:F2024C00838
Segment Type: reg
Provision Reference: reg 26 (pt 2/3)
Character Range: 44769–47307

subject to the condition that the approval does not take effect unless:
 (a) the approved provider gives the following information to the Pricing Authority, in writing:
 (i) information showing that the construction or refurbishment of the room, or the part of the room, has been completed and that the completed or refurbished room, or part of the room, is equivalent to or better than the proposal described in the application;
 (ii) the total actual cost (the actual cost) of the completed construction or refurbishment; and
 (b) the Pricing Authority notifies the approved provider under paragraph (4)(b) that he or she is satisfied, having regard to the information given under paragraph (a), that the requirements referred to in subparagraph (a)(i) have been met in relation to the room, or the part of the room, and that:
 (i) the actual cost of the completed construction or refurbishment is not significantly lower than the proposed cost of the construction or refurbishment; or
 (ii) if the actual cost of the completed construction or refurbishment is significantly lower than the proposed cost of the construction or refurbishment and if the lower actual cost had been provided to the Pricing Authority with the application as the proposed cost—the Pricing Authority would still have approved the higher maximum accommodation payment amount applied for.
 (4) The Pricing Authority must, within 28 days after receiving information in relation to a proposed room, or a proposed part of a room, under paragraph (3)(a):
 (a) decide whether, having regard to the information, the Pricing Authority is satisfied as referred to in paragraph (3)(b) in relation to the room or the part of the room; and
 (b) notify the approved provider, in writing, of the Pricing Authority's decision.
 (5) If the Pricing Authority is satisfied as referred to in paragraph (3)(b) in relation to the room or the part of the room, the notice given under paragraph (4)(b) must specify the date on which the approval of the higher maximum accommodation payment amount for the room, or the part of the room, is to take effect.

Review of decision
 (6) A decision under paragraph (4)(a) that the Pricing Authority is not satisfied as referred to in paragraph (3)(b) in relation to a proposed room, or a proposed part of a room, is a reviewable decision under section 85‑1 of the Act.
 (7) Part 6.1 of the Act applies to a reviewable decision referred to in subsection (6) as if a reference in that Part to this Act included a reference to these principles.