Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 29A.2

  (1)   An approved provider is liable to a civil penalty if:

  (a)   the Secretary changes a classification under section   29 - 1; and

  (b)   the change occurs in the following circumstances:

  (i)   the change occurs within 2 years (the warning period ) after the Secretary gives a notice to the approved provider under subsection   29A - 1(1) or (2);

  (ii)   during the warning period, the approved provider, or a person acting on the approved provider's behalf, gives false or misleading information in an appraisal under section   25 - 3, or reappraisal under section   27 - 4, connected with the classification.

Civil penalty:   60 penalty units.

  (2)   An approved provider is liable to a civil penalty if:

  (a)   the Secretary changes a classification under section   29 - 1; and

  (b)   the change occurs in the following circumstances:

  (i)   the change occurs within 2 years (the warning period ) after the Secretary gives a notice to the approved provider under subsection   29A - 1(1) or (2);

  (ii)   during the warning period, the approved provider makes one or more appraisals under section   25 - 3 or reappraisals under section   27 - 4;

  (iii)   the Secretary changes the classification as mentioned in paragraph   (a) of this subsection because the Secretary is satisfied that any of the appraisals or reappraisals mentioned in subparagraph   (ii) of this paragraph was incorrect or inaccurate;

  (iv)   the Secretary changes one or more other classifications under section   29 - 1 during the warning period because the Secretary is satisfied that any of the appraisals or reappraisals mentioned in subsection   (ii) of this paragraph was incorrect or inaccurate;

  (v)   the changes mentioned in subparagraphs   (iii) and (iv), taken together, are significant (see section   29A - 3).

Civil penalty:   60 penalty units.

  (3)   To avoid doubt, the approved provider may be liable to a separate civil penalty under subsection   (1) or (2) for each classification the Secretary changes under section   29 - 1 during the warning period.