Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Bill 2026

The PRESIDENT (13:38): I will now deal with amendments circulated by the Jacqui Lambie Network. The question is that the amendments on sheets 4181 and 4182 be agreed to. Jacqui Lambie Network's circulated amendments— SHEET 4181 (1) Schedule 1, item 15, page 7 (lines 22 to 28), omit subsection 361B(5), substitute: (5) In performing the functions mentioned in subsection (1), the Aboriginal and Torres Strait Islander Aged Care Commissioner may consult with any person or body the Aboriginal and Torres Strait Islander Aged Care Commissioner considers appropriate. _____ SHEET 4182 (1) Schedule 1, item 15, page 10 (lines 17 to 28), omit section 361F, substitute: 361F Aboriginal and Torres Strait Islander Aged Care Commissioner may require information or documents from persons (1) If the Aboriginal and Torres Strait Islander Aged Care Commissioner reasonably believes that a person has information or documents relevant to the Aboriginal and Torres Strait Islander Aged Care Commissioner's functions, the Aboriginal and Torres Strait Islander Aged Care Commissioner may, by written notice, require the person to give the Aboriginal and Torres Strait Islander Aged Care Commissioner any such information or documents (or copies of any such documents).

(2) The notice must: (a) be signed by the Aboriginal and Torres Strait Islander Aged Care Commissioner; and (b) be served on the person required to give the information or documents; and (c) specify the period within which the person must comply with the notice. (3) A time specified in a notice must be at least 14 days after the notice is served on the person.

Offence — failure to comply with notice (4) A person commits an offence if: (a) the person is served with a notice under subsection (1) to give information or a document, specified in the notice; and (b) the person fails to comply with the notice. Penalty: 100 penalty units or imprisonment for 2 years. Reasonable excuse (5) Subsection (4) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.