Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 16.6

Veto notice

  (1)   If the Secretary receives a transfer notice relating to a * 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 - 3 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 residential care service in a different location where that residential care service has, or a * distinct part of that service has, * extra service status--neither subsection   16 - 7(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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