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AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018 - SECT 74C

Modifications of Part 2 of the Regulatory Powers Act

  (1)   This section applies in relation to Part   2 of the Regulatory Powers Act as that Part applies in relation to the following:

  (a)   a provision mentioned in subsection   74B(1) of this Act;

  (b)   the information mentioned in subsection   74B(2) of this Act.

Consent

  (2)   Before obtaining the consent of an occupier of premises who is an approved provider for the purposes of paragraph   18(2)(a) of the Regulatory Powers Act, an authorised officer must inform the occupier that the occupier has a responsibility under paragraph   63 - 1(1)(b) of the Aged Care Act to cooperate with a person who is performing functions, or exercising powers, under Part   2 of the Regulatory Powers Act.

Note:   See section   25 of the Regulatory Powers Act for additional rules about consent.

Securing electronic equipment etc.

  (3)   Sections   21, 22 and 33 of the Regulatory Powers Act are taken to apply as if:

  (a)   a reference to "24 hours" in sections   21 and 22 of that Act were a reference to "48 hours"; and

  (b)   a reference to a "24 - hour period" in sections   21 and 22 of that Act were a reference to a "48 - hour period".

Asking questions and seeking production of documents

  (4)   The second reference to the occupier of premises in subsection   24(2) of the Regulatory Powers Act is taken to include a reference to any other person on the premises.

  (5)   Before requesting a person who is an approved provider to answer a question, or produce a document, under subsection   24(2) of the Regulatory Powers Act, an authorised officer must inform the person that the person has a responsibility under paragraph   63 - 1(1)(b) of the Aged Care Act to cooperate with a person who is performing functions, or exercising powers, under Part   2 of the Regulatory Powers Act.

  (6)   If an authorised officer requests a person to answer a question, or produce a document, under subsection   24(2) of the Regulatory Powers Act, the person is not required to comply with the request.



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