Federal Register of Legislation - Australian Government

Primary content

Principles as made
This instrument amends the Sanctions Principles 2014 to specify requirements for appointing advisers and administrators.
Administered by: Health
Registered 10 Feb 2017
Tabling HistoryDate
Tabled HR14-Feb-2017
Tabled Senate15-Feb-2017
Date of repeal 12 Feb 2017
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

 

Sanctions Amendment (Appointment of Administrators and Advisers) Principles 2017

I, Ken Wyatt, Minister for Aged Care, make the following principles.

Dated   6 February 2017

Ken Wyatt, AM MP

Minister for Aged Care

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Sanctions Principles 2014                                                                                                                   2

 


1  Name

                  This instrument is the Sanctions Amendment (Appointment of Administrators and Advisers) Principles 2017.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Aged Care Act 1997.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Sanctions Principles 2014

Part 3

Repeal the Part, substitute:

Part 3Administration of sanctions

7  Purpose of this Part

                   This Part specifies:

(a)    for subsection 66A‑2(1) of the Act—the class of persons excluded from being appointed as an adviser; and

(b)   for subsection 66A‑2(4) of the Act—the matters that the Secretary must take into account in specifying the period within which an approved provider must appoint an adviser; and

(c)     for section 66A‑3(1) of the Act—the class of persons excluded from being appointed as an administrator; and

(d)   for subsection 66A‑3(4) of the Act—the matters that the Secretary must take into account in specifying the period within which an approved provider must appoint an administrator.

Class of persons excluded from being appointed as an adviser

                   For subsection 66A‑2(1) of the Act, disqualified individuals are excluded from being appointed as an adviser.

9  Matters to be taken into account in specifying period for appointing an adviser

                   For subsection 66A‑2(4) of the Act, in specifying the period within which an approved provider must appoint an adviser, the Secretary must take into account:

(a)    the location of the aged care service specified in the section 67-5 notice, including whether it is in a metropolitan, regional, rural or remote location;

(b)   the nature of the approved provider’s non-compliance ; and

(c)    any other relevant matter.

10  Class of persons excluded from being appointed as an administrator

                   For subsection 66A‑3(1) of the Act, disqualified individuals are excluded from being appointed as an administrator.       

11  Matters to be taken into account in specifying period for appointing an administrator

                   For subsection 66A‑3(4) of the Act, in specifying the period within which an approved provider must appoint an administrator, the Secretary must take into account:

(a)    the location of the aged care service specified in the section 67-5 notice, including whether it is in a metropolitan, regional, rural or remote location;

(b)   the nature of the approved provider’s non-compliance; and

(c)    any other relevant matter.