Disability Services Act 2006
sec.335Contraventions of funding agreement or Act before commencement
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sec.335 Contraventions of funding agreement or Act before commencement
This section applies if, before the commencement— a funding agreement between the chief executive and a funded non-government service provider was contravened; or a provision of the unamended Act related to the funding 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 11, division 2, subdivision 2; and the chief executive may give the funded non-government service provider a compliance notice under previous section 161; and if the service provider contravenes a compliance notice— the service provider may be prosecuted for an offence against previous section 161(6); or the chief executive may suspend or cancel funding to the service provider under previous section 161(8); and an interim manager may be appointed for the service provider under previous part 12. In this section— authorised officer means an authorised officer under the Community Services Act 2007 . s 335 ins 2014 No. 12 s 73 (sec.335-ssec.1) This section applies if, before the commencement— a funding agreement between the chief executive and a funded non-government service provider was contravened; or a provision of the unamended Act related to the funding agreement mentioned in paragraph (a) was contravened. (sec.335-ssec.2) The unamended Act continues to apply for the contravention as if the amending Act had not been enacted. (sec.335-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 11, division 2, subdivision 2; and the chief executive may give the funded non-government service provider a compliance notice under previous section 161; and if the service provider contravenes a compliance notice— the service provider may be prosecuted for an offence against previous section 161(6); or the chief executive may suspend or cancel funding to the service provider under previous section 161(8); and an interim manager may be appointed for the service provider under previous part 12. (sec.335-ssec.4) In this section— authorised officer means an authorised officer under the Community Services Act 2007 .
- (a) a funding agreement between the chief executive and a funded non-government service provider was contravened; or
- (b) a provision of the unamended Act related to the funding agreement mentioned in paragraph (a) was contravened.