Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 93.1

Notice to attend to answer questions etc. relevant to certain matters

  (1)   This section applies if the Secretary believes on reasonable grounds that a person has information or documents relevant to any of the following matters (the relevant matter ):

  (a)   an application made under this Act or the Aged Care (Transitional Provisions) Act 1997 ;

  (b)   an appraisal of the level of care needed by care recipients made under section   25 - 3 of this Act;

  (c)   a reappraisal of the level of care needed by care recipients made under sections   27 - 3 and 27 - 5 of this Act;

  (d)   a claim by an approved provider for payment of * subsidy under Chapter   3 of this Act or Chapter   3 of the Aged Care (Transitional Provisions) Act 1997 ;

  (e)   whether the conditions to which a grant under Chapter   5 of this Act is subject have been complied with.

  (2)   The Secretary may, by written notice, require the person to attend before an * authorised officer to do either or both of the following:

  (a)   to answer questions relating to the relevant matter;

  (b)   to give such information or documents (or copies of documents) as are specified in the notice.

Notice requirements

  (3)   If a notice is given to a person under subsection   (2), the notice must:

  (a)   specify the * authorised officer before whom the person is required to attend; and

  (b)   specify the day on which, and the time and place at which, the person is required to attend.

  (4)   The day specified under paragraph   (3)(b) must be at least 14 days after the notice is given.

Circumstances in which a person is not required to comply

  (5)   A person is not required to comply with a requirement of a notice given to the person under subsection   (2) if the requirement does not relate to the affairs of an approved provider that is a * corporation.

Offence

  (6)   A person commits an offence if:

  (a)   the person is given a notice under subsection   (2); and

  (b)   the person fails to comply with a requirement of the notice; and

  (c)   the requirement relates to the affairs of an approved provider and the provider is a * corporation.

Penalty:   30 penalty units.

Reasonable compensation

  (7)   A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement of a notice given to the person under subsection   (2) to give copies of documents.



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