96Pending applications for determinations of financial years for approved providers

96 Pending applications for determinations of financial years for approved providers

(1) This section applies if: (a) immediately before the transition time, an entity was an approved provider; and (b) the entity had made an application for a determination in relation to the entity’s financial year before the transition time under either or both of the following: (i) subsection 32(2) of the Accountability Principles; (ii) subsection 59(1) of the Fees and Payments Principles; and (c) the application had not been determined before the transition time, whether because: (i) the Secretary had requested further information under subparagraph 32(3)(b)(ii) of the Accountability Principles; or (ii) the Secretary had requested further information under subparagraph 59(2)(b)(ii) of the Fees and Payments Principles; or (iii) otherwise. (2) If only one of the subparagraphs in paragraph (1)(b) applies to the entity, the application referred to in that paragraph is taken, after the transition time, to be an application made under subsection 166‑355(2) of the new rules for a determination in relation to the entity’s reporting period. (3) If both of the subparagraphs in paragraph (1)(b) apply to the entity, the application referred to in subparagraph (1)(b)(i) is taken, after the transition time, to be an application made under subsection 166‑355(2) of the new rules for a determination in relation to the entity’s reporting period. (4) For the purposes of subsections (2) and (3), the period within which the System Governor must notify the entity of the System Governor’s decision is the remainder, as at the transition time, of the period that applied to the decision under the Accountability Principles.