Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:5_12:p2
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 5 cl 12 (pt 2/2)
Character Range: 87239–89342

specified in the notice—that shorter period; and
 (c) inform the individual and the provider that the Commissioner may, after considering any submissions made by them, decide to make the determination.
 (6) The *Quality and Safety Commissioner must consider any submissions made by the individual and the approved provider in accordance with the notice.

Notice of determination
 (7) If the *Quality and Safety Commissioner decides to make the determination in relation to an individual who is one of the *key personnel of the approved provider, the Commissioner must, within 14 days after making the decision, give the individual and the provider a written notice that:
 (a) sets out the decision; and
 (b) sets out the reasons for the decision; and
 (c) states that the provider must, within a specified period, take specified action to ensure that the individual ceases to be one of the key personnel of the provider; and
 (d) sets out the effect of sections 10A‑2A and 10A‑3.
Note: The approved provider may request the *Quality and Safety Commissioner to reconsider the decision under Part 8B of the *Quality and Safety Commission Act.

10A‑2A  Offence relating to failure to take action as required by determination
  A *corporation commits an offence if:
 (a) the corporation is an approved provider; and
 (b) the *Quality and Safety Commissioner makes a determination under subsection 10A‑2(1) in relation to an individual who is one of the *key personnel of the corporation; and
 (c) the corporation fails to take the action specified in the notice of the determination within the period specified in that notice.
Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence.
Penalty: 300 penalty units.

10A‑2B  Offence relating to failure to comply with responsibility to consider suitability matters relating to key personnel
  A *corporation commits an offence if:
 (a) the corporation is an approved provider; and
 (b) the corporation fails to comply with the responsibility under subparagraph 63‑1A(a)(i).
Penalty: 300 penalty units.