Document ID: chunk:federal_register_of_legislation:C2025C00122:section:59:p12
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 59 (pt 12/26)
Character Range: 514188–516889

form.
 (4) An approved provider that:
 (a) is a *corporation; and
 (b) fails to comply with subsection (1) or (2);
commits an offence punishable, on conviction, by a fine not exceeding 30 penalty units.
 (5) If:
 (a) an approved provider fails to comply with subsection (1) or (2); and
 (b) the failure arises in respect of records relating to *subsidy paid to the approved provider;
the approved provider commits an offence punishable, on conviction, by a fine not exceeding 30 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

88‑2  Approved providers to keep records specified in Records Principles
 (1) An approved provider must keep records of the kind and in the form specified in the Records Principles.
Note: Approved providers have a responsibility under Part 4.3 to comply with this subsection. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
 (3) A record may be kept in written or electronic form.
 (4) This section does not affect an approved provider's obligations under section 88‑1.

88‑3  False or misleading records
 (1) An approved provider must not, in purported compliance with subsection 88‑1(1), make a record that is false or misleading in a material particular.
Note: Approved providers have a responsibility under Part 4.3 to comply with this subsection. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
 (2) If a person:
 (a) in purported compliance with subsection 88‑1(1), makes a record of any matter or thing; and
 (b) the record is false or misleading in a material particular; and
 (c) the record relates to the affairs of an approved provider that is a *corporation, or to the payment of a *subsidy;
the person commits an offence punishable, on conviction, by a fine not exceeding 30 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Division 89—What records must a person who was an approved provider retain?

89‑1  Former approved provider to retain records
 (1) A person who has ceased to be an approved provider commits an offence if:
 (a) the person fails to retain a record referred to in subsection (2) for 3 years commencing on the day that the person ceased to be an approved provider; and
 (b) the record relates to care provided by the person; and
 (c) either:
 (i) the person is a *corporation; or
 (ii) the record relates to subsidy under Chapter 3 paid to the person.
Penalty: 30 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general