Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may allocate * places, in respect of * residential care subsidy or * flexible care subsidy, to a person to provide * aged care services for a * region.
(2) The * places may only be allocated to a person if:
(a) the person is an approved provider and the person's approval is in respect of the * aged care in respect of which the places are allocated; or
(b) both of the following apply:
(i) the person will be an approved provider at the time the allocation takes effect or, in the case of a provisional allocation, at the time that allocation begins to be in force;
(ii) the person's approval will be in respect of the aged care in respect of which the places are allocated.
(2A) The * places must not be allocated to a person if:
(a) a sanction has been imposed on the person under section 63N of the * Quality and Safety Commission Act; and
(b) the sanction prohibits the further allocation of places under this Part to the person; and
(c) the sanction is in effect.
(3) The allocation:
(a) must be the one that the Secretary is satisfied would best meet the needs of the aged care community in the * region (see section 14 - 2); and
(b) may be made subject to conditions (see sections 14 - 5 and 14 - 6).
(4) In order for an allocation to be made to a person:
(a) the person must have made a valid application in respect of the allocation (see Division 13); and
(b) the allocation must comply with the terms of an invitation published under Division 13 (see section 14 - 3);
except so far as the Secretary waives these requirements under section 14 - 4.
Note: However, paragraph (3)(a) and subsection (4) will not apply to an allocation of * places in a situation of emergency (see section 14 - 9).