Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 16.17

Veto notice

             (1)  If the Secretary receives a transfer notice relating to a * provisionally allocated place, the Secretary may, at least 7 days before the proposed transfer day, give the transferor and transferee a veto notice rejecting the transfer if:

                     (a)  a notice to resolve has been given in respect of the transfer and issues specified in that notice remain of concern to the Secretary; or

                     (b)  the Secretary is not satisfied of the matters in section 16-14 in relation to the transfer; or

                     (c)  for cases where the transfer would result in residential care in respect of the place being provided through a different residential care service where that residential care service has, or a * distinct part of that service has, * extra service status--neither subsection 16-18(1) nor (2) applies in relation to the transfer; or

                     (d)  the proposed transfer would result in the place being transferred to another State or Territory; or

                     (e)  circumstances specified in the Allocation Principles exist.

Note:          Decisions to give a veto notice are reviewable under Part 6.1.

             (2)  A veto notice must:

                     (a)  be in writing; and

                     (b)  contain a statement that it is a notice under this section; and

                     (c)  state the reasons for giving the veto notice.



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