Document ID: chunk:federal_register_of_legislation:C2021A00009:clause:2_9
Version: federal_register_of_legislation:C2021A00009
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 29540–31129

9  Section 74A
Omit:

      An authorised officer may, under Part 3 of the Regulatory Powers Act, gather material that relates to the contravention of offences against:
             (a) this Act or the Aged Care Act; or
             (b) the Crimes Act 1914 or the Criminal Code that relates to this Act or the Aged Care Act.
      Parts 2 and 3 of the Regulatory Powers Act are applied by this Part with suitable modifications.
substitute:

      An authorised officer may, under Part 3 of the Regulatory Powers Act, gather material that relates to the contravention of:
             (a) an offence provision of this Act or the Aged Care Act; or
             (b) an offence provision of the Crimes Act 1914 or the Criminal Code that relates to this Act or the Aged Care Act; or
             (c) a civil penalty provision of this Act or Division 54 of the Aged Care Act.
      Parts 2, 3 and 4 of the Regulatory Powers Act are applied by this Part with suitable modifications. The civil penalty provisions and some strict liability offence provisions are also subject to an infringement notice under Part 5 of the Regulatory Powers Act.
      An approved provider's responsibilities under Chapter 4 of the Aged Care Act may be enforced by enforceable undertakings and injunctions under Parts 6 and 7 of the Regulatory Powers Act.
      The Commissioner may give an approved provider a compliance notice requiring the provider to take, or refrain from taking, action in order to address non‑compliance with the provider's responsibilities under paragraph 54‑1(1)(e) of the Aged Care Act.