Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p33
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 33/54)
Character Range: 120781–123505

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.

16‑20  Effect of transfer on certain matters
  If a transfer of a *provisionally allocated place takes effect under this Subdivision on the transfer day the transferee is taken, from the transfer day, to be the person to whom the place is allocated.

16‑21  Information to be given to transferee
  The Secretary may give to the transferee information specified in the Allocation Principles at such times as are specified in those Principles.

Division 17—How are the conditions for allocations of places varied?

17‑1  Variation of allocations
 (1) The Secretary must approve a variation of the conditions to which the allocation of a *place is subject under section 14‑5 if and only if:
 (a) the allocation has taken effect under Division 15; and
 (b) an application for variation is made under section 17‑2; and
 (c) the Secretary is satisfied under section 17‑4 that the variation is justified in the circumstances; and
 (d) the variation would not have the effect of the care to which the place relates being provided in a different State or Territory.
Note: An allocation of a place can also be varied under Division 16 as part of a transfer of the allocation from one person to another.
 (2) If the variation is approved, it takes effect on the variation day (see section 17‑7).

17‑2  Applications for variation of allocations
 (1) An approved provider to whom a *place has been allocated under Division 14 may apply in writing to the Secretary to vary the conditions to which the allocation is subject under section 14‑5.
 (2) The application must:
 (a) be in a form approved by the Secretary; and
 (b) include such information as is specified in the Allocation Principles.
 (4) The application must be made no later than 60 days, or such other period as the Secretary determines under subsection (5), before the proposed variation day.
 (5) The Secretary may determine, at the applicant's request, another period under subsection (4) if the Secretary is satisfied that it is justified in the circumstances.
Note: Determinations of periods and refusals to determine periods are reviewable under Part 6.1.
 (6) In deciding whether to make a determination, and in determining another period, the Secretary must consider any matters set out in the Allocation Principles.
 (7) The Secretary must give written notice of the decision under subsection (5) to the applicant.
 (8) If the information that an applicant has included in an application changes, the application is taken not to have been made under this section unless the applicant gives