Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 63.1H

Corporations under the Corporations Act 2001

  (1)   If:

  (a)   an approved provider is a body corporate incorporated, or taken to be incorporated, under the Corporations Act 2001 ; and

  (b)   the provider has a constitution (within the meaning of that Act); and

  (c)   the provider is a wholly - owned subsidiary (within the meaning of that Act) of another body corporate (the holding company ); and

  (d)   the holding company is not an approved provider;

it is a responsibility of the approved provider to ensure that the constitution of the provider does not authorise a director of the provider to act in good faith in the best interests of the holding company.

Aboriginal and Torres Strait Islander corporations

  (2)   If:

  (a)   an approved provider is an Aboriginal and Torres Strait Islander corporation (within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ); and

  (b)   the provider is a wholly - owned subsidiary (within the meaning of that Act) of another body corporate (the holding company ); and

  (c)   the holding company is not an approved provider;

it is a responsibility of the approved provider to ensure that the constitution of the provider does not authorise a director of the provider to act in good faith in the best interests of the holding company.