Document ID: chunk:federal_register_of_legislation:C2024C00505:section:63n:p2
Version: federal_register_of_legislation:C2024C00505
Segment Type: section
Provision Reference: s 63N (pt 2/2)
Character Range: 100509–102493

if the provider has been given a compliance notice in relation to the non‑compliance—whether or not the provider has complied with the notice;
 (g) the desirability of deterring future non‑compliance;
 (h) any other matters specified in the rules.
 (4) However, the Commissioner must give paramount consideration to the matters specified in paragraphs (3)(c) and (d).

Notice of decision to impose sanctions
 (5) If the Commissioner decides to impose, under subsection (1), one or more sanctions on an approved provider in relation to the provider's non‑compliance with one or more aged care responsibilities, the Commissioner must, within 14 days after making the decision, give the provider a written notice that:
 (a) sets out the decision; and
 (b) sets out the reasons for the decision; and
 (c) sets out the details of the provider's non‑compliance; and
 (d) specifies each of the sanctions and sets out the effect each sanction will have on the provider; and
 (e) if a sanction is to revoke or suspend the allocation of some or all of the places allocated to the provider under Part 2.2 of the Aged Care Act—specifies the number of those places subject to the sanction; and
 (f) specifies the day on which each of the sanctions comes into effect; and
 (g) if a sanction is to cease to have effect on a particular day:
 (i) specifies that day; and
 (ii) sets out the effect of Division 4 of this Part (which deals with the lifting of sanctions).
Note: In certain circumstances, the Commissioner must comply with sections 63P and 63Q in specifying a day for the purposes of paragraph (f) of this subsection.
 (6) The rules may specify matters that the Commissioner must have regard to in doing any one or more of the following:
 (a) specifying a day under paragraph (5)(f) in relation to a sanction;
 (b) deciding whether or not to specify a day under subparagraph (5)(g)(i) in relation to a sanction;
 (c) specifying a day under subparagraph (5)(g)(i) in relation to a sanction.