Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p18
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 45338–48095

sold; and (ii) the Secretary did not receive notice of the sale under section 65A or 65B or was not otherwise informed of the sale before the day of completion of sale;

    (b) if the proprietor of an approved nursing home sells the nursing home before the notified day for completion of sale of the home.

"(2) On and from the day that the Secretary becomes aware that the nursing home has been so sold, any obligations imposed on the Secretary under sections 65C, 65D, 65E or 65F cease to operate.

"(3) The Secretary must order an investigation to be carried out in respect of the nursing home in respect of the period beginning on a day determined by the Secretary and ending on the day immediately before the day on which the contract of sale was completed for the purposes of:

    (a)     determining whether the vendor or an earlier proprietor of that nursing home has received an overpayment in respect of the investigation period; and

    (b)     if the investigation period began on a day earlier than the commencement of this Part—determining whether the vendor

     or an earlier proprietor of that nursing home has received, or missed out on receiving, a fee-determining benefit in respect of the investigation period.

  "(4) The Secretary must:

    (a) determine whether the vendor or an earlier proprietor of that nursing home has received an overpayment in respect of the investigation period and, if there has been such an overpayment, determine:

       (i) the amount of the overpayment so received; and

         (ii) how much of that amount will not be recovered as at the day before the day on which the contract of sale was completed; and

    (b) if the investigation period began on a day earlier than the commencement of this Part—determine whether the vendor or an earlier proprietor of that nursing home has received, or missed out on receiving, a fee-determining benefit in respect of the investigation period and, if the Secretary determines that there is such an amount of fee-determining benefit, determine the amount of it.

  "(5) A determination under paragraph (4)(a) or (b) must:

  (a)     be in writing; and

  (b)     state the amount determined by the Secretary; and

  (c)     set out the means by which the amount is determined.

"(6) In determining an amount under paragraph (4)(a) the Secretary must comply with any relevant principles in force under subsection (7).

"(7) The Minister may set out, in writing, principles to be complied with by the Secretary with respect to his or her powers under paragraph (4)(a).

Note: See section 65T for when the principles come into force.

"Division 3—Payment of certain moneys to the Commonwealth

If paragraphs 65C(1)(c) and (d) investigations done—direction to