Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 10A.2

Disqualified individual must not be one of the key personnel of an approved provider

Offence committed by approved providers

             (1)  A * corporation commits an offence if:

                     (a)  the corporation is an approved provider; and

                     (b)  a * disqualified individual is one of the corporation's * key personnel, and the corporation is reckless as to that fact.

Penalty:  300 penalty units.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  A * corporation that contravenes subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

Offence committed by individuals

             (3)  An individual commits an offence if:

                     (a)  the individual is one of the * key personnel of an approved provider; and

                     (b)  the approved provider is a * corporation; and

                     (c)  the individual is a * disqualified individual, and the individual is reckless as to that fact.

Penalty:  Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Validity of acts of disqualified individuals and corporations

             (4)  An act of a * disqualified individual or a * corporation is not invalidated by the fact that this section is contravened.



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