Community Services Act 2007
sec.114Contraventions of funding agreement or Act before commencement
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sec.114 Contraventions of funding agreement or Act before commencement
This section applies if, before the commencement— a service agreement between the chief executive and a service provider was contravened; or a provision of the unamended Act related to the service agreement mentioned in paragraph (a) was contravened. The unamended Act continues to apply for the contravention as if the amending Act had not been enacted. Without limiting subsection (2)— an authorised officer may exercise, or continue to exercise, powers under the unamended Act; and a magistrate may hear and decide, or continue to hear and decide, an application for a warrant for a place under previous part 7, division 3, subdivision 2; and the chief executive may give the funded service provider a compliance notice; and if the service provider contravenes a compliance notice— the service provider may be prosecuted for an offence against previous section 32(6); or the chief executive may suspend or cancel funding to the service provider under previous section 32(8); and an interim manager may be appointed for the service provider; and the chief executive may act under previous section 38 to recover all or some of the funding. In this section— compliance notice see previous section 32(3). s 114 ins 2014 No. 12 s 44 (sec.114-ssec.1) This section applies if, before the commencement— a service agreement between the chief executive and a service provider was contravened; or a provision of the unamended Act related to the service agreement mentioned in paragraph (a) was contravened. (sec.114-ssec.2) The unamended Act continues to apply for the contravention as if the amending Act had not been enacted. (sec.114-ssec.3) Without limiting subsection (2)— an authorised officer may exercise, or continue to exercise, powers under the unamended Act; and a magistrate may hear and decide, or continue to hear and decide, an application for a warrant for a place under previous part 7, division 3, subdivision 2; and the chief executive may give the funded service provider a compliance notice; and if the service provider contravenes a compliance notice— the service provider may be prosecuted for an offence against previous section 32(6); or the chief executive may suspend or cancel funding to the service provider under previous section 32(8); and an interim manager may be appointed for the service provider; and the chief executive may act under previous section 38 to recover all or some of the funding. (sec.114-ssec.4) In this section— compliance notice see previous section 32(3).
- (a) a service agreement between the chief executive and a service provider was contravened; or
- (b) a provision of the unamended Act related to the service agreement mentioned in paragraph (a) was contravened.
- (a) an authorised officer may exercise, or continue to exercise, powers under the unamended Act; and