Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 14.4

Waiver of requirements

             (1)  The Secretary may waive the requirement under paragraph 14-1(4)(a) that each person who is allocated * places must have made a valid application in respect of the allocation if:

                     (a)  each of the persons made an application in respect of the allocation; and

                     (b)  the Secretary is satisfied that there are exceptional circumstances justifying the waiver.

             (2)  The Secretary may waive:

                     (a)  the requirement under paragraph 14-1(4)(a) that each person who is allocated * places must have made a valid application in respect of the allocation; and

                     (b)  the requirement under paragraph 14-1(4)(b) that the allocation must comply with the terms of an invitation published under Division 13;

if the places being allocated are places that have been * relinquished under section 18-2 or that were included in an allocation, or a part of an allocation, revoked under Part 4.4.

Note:          If, because of this subsection, an allocation does not have to comply with the terms of an invitation published under Division 13, it will not be limited to places that are determined by the Minister under section 12-3 to be available for allocation.

             (3)  The Secretary may waive:

                     (a)  the requirement under paragraph 14-1(4)(a) that each person who is allocated * places must have made a valid application in respect of the allocation; and

                     (b)  the requirement under paragraph 14-1(4)(b) that the allocation must comply with the terms of an invitation published under Division 13;

if the Secretary is satisfied that there are exceptional circumstances justifying the waiver, and that only places that are * available for allocation are allocated.



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