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AGED CARE ACT 1997 - SECT 92.2

Monitoring warrants

             (1)  An * authorised officer may apply to a magistrate for a warrant under this section in relation to particular premises.

             (2)  Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath or affirmation, that it is reasonably necessary that the * authorised officer should have access to the premises for any of the following purposes:

                     (a)  assessing whether an approved provider is complying with its responsibilities under Chapter 4;

                     (b)  assessing whether an approved provider's claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made;

                     (c)  assessing whether appraisals or reappraisals under Part 2.4 have been properly made;

                     (d)  assessing whether records have been kept as required under Part 6.3.

             (3)  The magistrate must not issue the warrant unless the * authorised officer or someone else has given the magistrate, either orally (on oath or affirmation) or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

             (4)  The warrant must:

                     (a)  authorise an * authorised officer named in the warrant, with such assistance and by such force as is necessary and reasonable, from time to time while the warrant remains in force, to enter the premises and exercise * monitoring powers; and

                     (b)  state whether an entry under the warrant is authorised to be made at any time of the day or night or during specified hours of the day or night; and

                     (c)  specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and

                     (d)  state the purpose for which the warrant is issued.

Note:          An * authorised officer who is at premises under this section may require any person present to answer questions under section 92-7.



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