Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsStatements of compliance
(1) No incentive is available for a period unless the approved participant has given the Secretary a statement of compliance for the dwelling for the period.
Note: For statements of compliance, see Part 5.
Outstanding documents and information
(2) No incentive is available for any period during which a document or information relating to the allocation, and required for the purposes of the Scheme, is outstanding.
(3) A document or information is outstanding if:
(a) the period for giving the document or information has ended; and
(b) the document or information has not been given to the Secretary in the approved form (if any).
(4) Subsection (2) has effect subject to any determination in force under:
(a) subsection (9); or
(b) subsection 39(3) (extension of time for giving valuations); or
(c) subsection 42(6) (extension of time for giving statements of compliance).
False or misleading documents and information
(5) No incentive is available for any period during which a false or misleading document or information relating to the allocation remains uncorrected if the document or information:
(a) has been given to the Secretary; and
(b) is required for the purposes of the Scheme.
This subsection has effect subject to any determination in force under subsection (9).
(6) A document or information remains uncorrected if the approved participant has not:
(a) notified the Secretary in writing that the document or information is false or misleading; or
(b) corrected the document or information as required by the Secretary.
Examples of documents and information relating to the allocation
(7) Documents and information relating to the allocation include the following:
(a) a statement of compliance;
(b) a valuation;
(c) a response to a request from the Secretary for information or documents;
(d) a tenant demographic assessment or tenant consent form;
(e) a lease agreement;
(f) a certificate of occupancy;
(g) a building plan or floor plan.
Record keeping
(8) No incentive is available for any period during which the approved participant fails to comply with section 49 (record keeping). This subsection has effect subject to any determination in force under subsection (9).
Exception if the approved participant has a reasonable excuse
(9) The Secretary may, in writing, determine that:
(a) subsection (2) does not apply to a requirement to give a document or information relating to an allocation; or
(b) subsection (5) does not apply to a requirement to correct a document or information relating to an allocation; or
(c) subsection (8) does not apply to a requirement to maintain information, a document or a record in accordance with section 49;
if the Secretary is satisfied that the approved participant has a reasonable excuse for not complying with the requirement.
Note: A decision not to make a determination is reviewable by the Administrative Review Tribunal (see section 71).
(10) The approved participant may apply for a determination under subsection (9). The application must be in the approved form.