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

Notice to attend to answer questions etc. relevant to whether aged care responsibility is being complied with

  (1)   If the Commissioner believes on reasonable grounds that a person has information or documents relevant to whether an approved provider, or a former approved provider, is complying with an aged care responsibility of the provider or former provider, the Commissioner may, by written notice, require the person to attend before an authorised officer to do either or both of the following:

  (a)   to answer questions relating to that matter;

  (b)   to give such information or documents (or copies of documents) as are specified in the notice.

Notice requirements

  (2)   If a notice is given to a person under subsection   (1), the notice must:

  (a)   specify the authorised officer before whom the person is required to attend; and

  (b)   specify the day on which, and the time and place at which, the person is required to attend.

  (3)   The day specified under paragraph   (2)(b) must be at least 14 days after the notice is given.

Circumstances in which a person is not required to comply

  (4)   A person is not required to comply with a requirement of a notice given to the person under subsection   (1) if the requirement does not relate to the affairs of an approved provider, or former approved provider, that is a corporation.

Offence

  (5)   A person commits an offence if:

  (a)   the person is given a notice under subsection   (1); and

  (b)   the person fails to comply with a requirement of the notice; and

  (c)   the requirement relates to the affairs of an approved provider or former approved provider; and

  (d)   the provider or former provider is a corporation.

Penalty:   30 penalty units.

Reasonable compensation

  (6)   A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement of a notice given to the person under subsection   (1) to give copies of documents.



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