Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:4_10
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 4 cl 10
Character Range: 130817–131967

10  Dealing with certain pre‑transition notices of non‑compliance
(1) This item applies if:
 (a) before the transition time, the Secretary gave a notice under subsection 67‑2(1) of the Aged Care Act relating to an approved provider's non‑compliance with one or more of the provider's responsibilities under Part 4.1, 4.2 or 4.3 of that Act; and
 (b) before that time, the approved provider made submissions to the Secretary in accordance with the notice and the Secretary considered that the submissions:
 (i) proposed appropriate action to remedy the non‑compliance; or
 (ii) set out an acceptable reason for the non‑compliance; or
 (iii) were otherwise satisfactory; and
 (c) immediately before that time, the Secretary has not given the approved provider a notice under subsection 67‑4(1) of that Act in relation to the non‑compliance.
(2) After the transition time:
 (a) the notice is taken, for the purposes of Part 7B of the Commission Act, to be a non‑compliance notice within the meaning of that Act; and
 (b) the Commissioner may decide to give the approved provider a notice under section 63T of that Act in relation to the non‑compliance.