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AGED CARE ACT 1997 - SECT 18.2

Relinquishing places

             (1)  If an allocation of * places has taken effect under Division 15, the approved provider to whom the places are allocated may * relinquish all or some of the places by notice in writing to the Secretary.

             (2)  The notice must include the following information:

                     (a)  the approved provider's name;

                     (b)  the * aged care service in which the * places to be * relinquished are included, and its location;

                     (c)  the date of the proposed relinquishment of the places;

                     (d)  the number of places to be relinquished;

                     (e)  the approved provider's proposals for ensuring that care needs are appropriately met for those care recipients (if any) who are being provided with care in respect of the places to be relinquished;

                      (f)  the approved provider's proposals for ensuring that the provider meets the provider's responsibilities for any:

                              (i)  * accommodation bond balance; or

                             (ii)  * entry contribution balance; or

                            (iii)  * refundable deposit balance;

                            held by the provider in respect of the places to be relinquished.

             (3)  The proposals referred to in paragraph (2)(e) must deal with the matters specified in the Allocation Principles.

             (4)  An approved provider must not * relinquish a * place that has taken effect under Division 15 without giving a notice of the relinquishment under this section at least 60 days before the proposed date of relinquishment.

Note:          Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

             (5)  If an approved provider that is a * corporation fails to comply with subsection (4), the approved provider commits an offence punishable, on conviction, by a fine not exceeding 30 penalty units.

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



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