Document ID: chunk:federal_register_of_legislation:C2025C00122:section:23:p5
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 23 (pt 5/6)
Character Range: 561467–564314

by another person, on the approved provider's behalf, under a contract or arrangement entered into between the approved provider and the other person.
Note: The approved provider will still be subject to the responsibilities under Chapter 4 in respect of care provided by the other person.

96‑5  Care recipients etc. lacking capacity to enter agreements
  If:
 (a) this Act provides for an approved provider and a care recipient, or a person proposing to enter an *aged care service, to enter into an agreement; and
 (b) the care recipient or person is, because of any physical incapacity or mental impairment, unable to enter into the agreement;
another person (other than an approved provider) representing the care recipient or person may enter into the agreement on behalf of the care recipient or person.
Note: The agreements provided for in this Act are accommodation agreements, home care agreements, *extra service agreements and *resident agreements.

96‑6  Applications etc. on behalf of care recipients
  If this Act provides for a care recipient to make an application or give information, the application may be made or the information given by a person authorised to act on the care recipient's behalf.

96‑7  Withdrawal of applications
 (1) A person who has made an application to the Secretary under this Act may withdraw the application at any time before the Secretary makes a decision relating to the application.
 (2) If:
 (a) this Act provides that an application under this Act is taken to be withdrawn if the application does not give further information, within a particular period, as requested by the Secretary; and
 (b) the Secretary, at the applicant's request, extends the period for giving the further information;
the application is not taken to be withdrawn unless the applicant does not give the further information within the period as extended.

96‑9  Application of the Criminal Code
  Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: The Criminal Code creates offences which can apply in relation to the regulation of providers of aged care. For example, under section 137.1 of the Code it would generally be an offence to give false or misleading information to the Secretary in purported compliance with this Act.

96‑10  Appropriation
 (1) Subject to subsection (2), *subsidies, are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
 (2) This section does not apply to a subsidy to the extent that:
 (a) the *Repatriation Commission has accepted financial responsibility for the amount of the subsidy as mentioned in subsection 84(3A) of the Veterans' Entitlements Act 1986; or
 (b) the *Military Rehabilitation and Compensation Commission has accepted financial responsibility for the amount of the subsidy as mentioned in subsection 287(2A) of