Document ID: chunk:federal_register_of_legislation:C2025C00122:section:59:p13
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 59 (pt 13/26)
Character Range: 516666–519528

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 principles of criminal responsibility.
 (2) The records the person is required to retain are the records that the person was required to retain under section 88‑1 immediately before the person ceased to be an approved provider. However, they do not include records that the person is required to transfer to another approved provider under section 16‑11.
 (3) A record may be retained in written or electronic form.

Part 6.4—Compliance and enforcement powers

Division 90—Introduction

90‑1  Simplified outline of this Part

      An APS employee in the Department may be appointed as an *authorised officer.
      An authorised officer may enter premises with consent of the occupier and exercise *search powers there for the purposes of the Secretary:
             (a) making a decision on an application made under this Act or the Aged Care (Transitional Provisions) Act 1997; or
             (b) determining whether the conditions to which a grant under Chapter 5 of this Act is subject have been complied with.
      An authorised officer may enter premises under a warrant or with consent of the occupier and exercise monitoring powers there under Part 2 of the *Regulatory Powers Act, for the purposes of determining:
             (a) whether section 25‑3 (which deals with the appraisal of the level of care needed by care recipients) or sections 27‑3 and 27‑5 (which deal with the reappraisal of the level of care needed by care recipients) of this Act have been complied with; or
             (b) whether information given in compliance, or purported compliance, with a provision of Chapter 3 of this Act or a provision of Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 (which both deal with *subsidies) is correct.
      An authorised officer may, under Part 3 of the Regulatory Powers Act, gather material that relates to the contravention of a *civil penalty provision in this Act (other than a civil penalty provision in Division 54).
      Parts 2 and 3 of the Regulatory Powers Act are applied by this Part with suitable modifications.
      The Secretary may require a person in certain circumstances to attend before an authorised officer to answer questions or provider information or documents.

Table of Divisions
90 Introduction
91 Entry and search powers relating to certain applications and grants
92 Regulatory Powers
93 Notice to attend to answer questions etc.
94 Appointment of authorised officers

Division 91—Entry and search powers relating to certain applications and grants

91‑1  Power to enter premises and exercise search powers in relation to certain applications and grants
 (1) This