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AGED CARE ACT 1997 - SECT 92.2

Modifications of Part 2 of the Regulatory Powers Act

  (1)   This section applies in relation to Part   2 of the * Regulatory Powers Act as that Part applies in relation to the following:

  (a)   the provisions mentioned in subsection   92 - 1(1) of this Act;

  (b)   the information mentioned in subsection   92 - 1(2) of this Act.

Consent

  (2)   Before obtaining the consent of an occupier of premises who is an approved provider for the purposes of paragraph   18(2)(a) of the * Regulatory Powers Act, an * authorised officer must inform the occupier that the occupier has a responsibility under paragraph   63 - 1(1)(b) of this Act to cooperate with a person who is performing functions, or exercising powers, under Part   2 of the Regulatory Powers Act.

Note:   See section   25 of the Regulatory Powers Act for additional rules about consent.

Securing electronic equipment etc.

  (3)   Sections   21, 22 and 33 of the * Regulatory Powers Act are taken to apply as if:

  (a)   a reference to "24 hours" in sections   21 and 22 of that Act were a reference to "48 hours"; and

  (b)   a reference to a "24 - hour period" in sections   21 and 22 of that Act were a reference to a "48 - hour period".

Asking questions and seeking production of documents

  (4)   The second reference to the occupier of premises in subsection   24(2) of the * Regulatory Powers Act is taken to include a reference to any other person on the premises.

  (5)   Before requesting a person who is an approved provider to answer a question, or produce a document, under subsection   24(2) of the * Regulatory Powers Act, an * authorised officer must inform the person that the person has a responsibility under paragraph   63 - 1(1)(b) of this Act to cooperate with a person who is performing functions, or exercising powers, under Part   2 of the Regulatory Powers Act.

  (6)   If an * authorised officer requests a person to answer a question, or produce a document, under subsection   24(2) of the * Regulatory Powers Act, the person is not required to comply with the request.


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