5Debts due to the Agency—complying with requirement to spend NDIS amounts only on NDIS supports

5 Debts due to the Agency—complying with requirement to spend NDIS amounts only on NDIS supports

(1) This section applies in relation to a person’s failure to comply with paragraph 46(1)(a) of the NDIS Act, as in force on and after the commencement of Schedule 1 to the amending Act, in relation to an NDIS amount where the failure occurs during the following period: (a) if the person is an NDIS provider and the person received the amount on behalf of a participant—the period of 30 days starting on that commencement; (b) in any other case—the period of 12 months starting on that commencement. (2) Subsection 182(3) of the NDIS Act does not apply in relation to the failure unless: (a) the NDIS amount is $1,500 or more; or (b) before the failure occurred, the Agency had notified the person about at least 2 previous failures by the person to comply with paragraph 46(1)(a) of the NDIS Act.