Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 89.1

  (1)   A person who has ceased to be an approved provider commits an offence if:

  (a)   the person fails to retain a record referred to in subsection   (2) for 3 years commencing on the day that the person ceased to be an approved provider; and

  (b)   the record relates to care provided by the person; and

  (c)   either:

  (i)   the person is a * corporation; or

  (ii)   the record relates to subsidy under Chapter   3 paid to the person.

Penalty:   30 penalty units.

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

  (2)   The records the person is required to retain are the records that the person was required to retain under section   88 - 1 immediately before the person ceased to be an approved provider. However, they do not include records that the person is required to transfer to another approved provider under section   16 - 11.

  (3)   A record may be retained in written or electronic form.