Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 73.4

Variation or revocation of allocations

             (1)  The Secretary may vary or revoke an allocation of a * residential care grant if the Secretary is satisfied that a condition to which the allocation is subject has not been met.

Note:          Variations or revocations of allocations are reviewable under Part 6.1.

             (2)  A variation of the allocation may be either or both of the following:

                     (a)  a reduction of the amount of the grant;

                     (b)  a variation of any of the conditions to which the allocation is subject.

             (3)  Before deciding to vary or revoke the allocation, the Secretary must notify the approved provider that it is being considered. The notice:

                     (a)  must be in writing; and

                     (b)  must invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and

                     (c)  must inform the approved provider that, if no submissions are made within that period, the variation or revocation takes effect on the day after the last day for making submissions.

             (4)  In making the decision whether to vary or revoke the allocation, the Secretary must consider any submissions made within that period.

             (5)  The Secretary must notify, in writing, the approved provider of the decision.

             (6)  The notice must be given to the approved provider within 28 days after the end of the period for making submissions. If the notice is not given within that period, the Secretary is taken to have decided not to vary or revoke the allocation, as the case requires.

             (7)  A variation or revocation has effect:

                     (a)  if no submissions were made within the 28 day period--on the day after the last day for making submissions; or

                     (b)  if submissions were made within that period--on the day after the approved provider receives a notice under subsection (5).



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