Document ID: chunk:federal_register_of_legislation:C2024A00104:section:431:p2
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 431 (pt 2/2)
Character Range: 645233–647411

there is another reason not to) continue to consider the application despite having not received the further information or documents.

Issue of warrant
 (7) The assessment officer must:
 (a) issue the post‑entry warrant if, and only if, the assessment officer is satisfied, on the balance of probabilities, that it was reasonable for the Commissioner to be satisfied of the matters mentioned in paragraph 427(2)(a); and
 (b) otherwise, refuse to issue the post‑entry warrant.
 (8) The issue of, or refusal to issue, the post‑entry warrant does not affect whether or not the exercise, or purported exercise, of powers under section 427 was valid.

Content of warrant
 (9) The post‑entry warrant, if issued, must include the following:
 (a) the information mentioned in paragraph (2)(g);
 (b) a statement of the reasons for issuing the warrant;
 (c) a statement that the warrant has been issued under this section.

Notification requirements
 (10) If the assessment officer issues the post‑entry warrant, the assessment officer must give a copy of the warrant to the persons mentioned in subsection (12) as soon as reasonably practicable after issuing the warrant.
 (11) If the assessment officer refuses to issue the post‑entry warrant:
 (a) the assessment officer must give written notice of the refusal to the persons mentioned in subsection (12) as soon as reasonably practicable after refusing to issue the warrant; and
 (b) the notice must include a statement of reasons for refusing to issue the warrant; and
 (c) in the case of a notice given to a person mentioned in paragraph (12)(b)—the notice must also contain information about any right the person may have to:
 (i) make a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976; or
 (ii) take civil or other action;
  in relation to the entry to the residential care home or the exercise, or purported exercise, of powers under section 427 in relation to the residential care home.
 (12) For the purposes of subsections (10) and (11), the persons are the following:
 (a) the Commissioner;
 (b) the occupier of the residential care home at the time of the entry;
 (c) the authorised Commission officer.