Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p19
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 19/54)
Character Range: 85799–88613

14‑1(3)(a) and subsection 14‑1(4).
 (4) A declaration must specify a period at the end of which the allocation in question is to cease to have effect.
Note: If, because of this section, an allocation does not have to comply with the terms of an invitation published under Division 13, it will not be limited to places that are determined by the Minister under section 12‑3 to be available for allocation.

Division 15—When do allocations of places take effect?

15‑1  When allocations take effect
 (1) An allocation of *places to a person takes effect when the Secretary determines that the person is in a position to provide care, in respect of those places, for which *subsidy may be paid.
 (2) The Secretary may so determine at the same time that the allocation is made. If the Secretary does not do so, the allocation is taken to be a provisional allocation.
Note: *Subsidy cannot be paid in respect of places covered by an allocation that is only a provisional allocation.
 (3) If the allocation was made subject to conditions under section 14‑5 that must be met before a determination is made, the Secretary must not make the determination unless he or she is satisfied that all of those conditions have been met.
 (4) In deciding whether to make the determination, the Secretary must have regard to any matters specified in the Allocation Principles.

15‑2  Provisional allocations
  A *provisional allocation remains in force until the end of the *provisional allocation period (see section 15‑7) unless, before then:
 (a) a determination is made under section 15‑1 relating to the provisional allocation; or
 (b) the provisional allocation is revoked under section 15‑4; or
 (c) the provisional allocation is surrendered under section 15‑6.

15‑3  Applications for determinations
 (1) The person may, at any time before the end of the *provisional allocation period, apply to the Secretary for a determination under section 15‑1.
 (2) The application must be in the form approved by the Secretary.
 (3) The Secretary must, within 28 days after receiving the application:
 (a) make a determination under section 15‑1; or
 (b) reject the application;
and, within that period, notify the person accordingly.
Note: Rejections of applications are reviewable under Part 6.1.
 (4) Rejection of the application does not prevent the person making a fresh application at a later time during the *provisional allocation period.

15‑4  Variation or revocation of provisional allocations
 (1) The Secretary may vary or revoke a *provisional allocation if the Secretary is satisfied that a condition to which the provisional allocation is subject under section 14‑5 or 14‑6 has not been met.
Note: Variations or revocations of *provisional allocations are reviewable under Part 6.1.
 (2) A variation of the *provisional