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AGED CARE AMENDMENT (OMNIBUS) ACT 1999 NO. 132, 1999 - SCHEDULE 5

- Aged Care (Consequential Provisions) Act 1997

1 At the end of Division 1 of Part 4.4

Add:

78A Breaches of conditions before commencement day

If:

(a)
a particular condition is covered by paragraph 20(1)(b); and

(b)
before the commencement day, there was a failure to comply with the condition; and

(c)
as at the commencement day, no declaration under subsection 45EA(1) of the 1953 Act had been made in relation to the failure;

Part 4.4 of the new Act applies to the failure as if the failure had happened after the commencement day.

2 At the end of Division 2 of Part 4.4

Add:

81A Breaches of conditions before commencement day

If:

(a)
a particular condition is covered by paragraph 29(1)(b); and

(b)
before the commencement day, there was a failure to comply with the condition; and

(c)
as at the commencement day, no declaration under section 10FAA or 10FI of the 1954 Act had been made in relation to the failure;

Part 4.4 of the new Act applies to the failure as if the failure had happened after the commencement day.

3 After item 45 of Schedule 1

Insert:

45A Application—power to extend period

Despite the repeal of subsection 52C(3) of the National Health Act 1953 by item 45 of this Schedule, that subsection continues to apply, in relation to AIPs that were in force immediately before the repeal, as if the repeal had not happened.

4 After item 49 of Schedule 1

Insert:

49A Application—power to extend period

Despite the repeal of subsection 58CA(3) of the National Health Act 1953 by item 49 of this Schedule, that subsection continues to apply, in relation to AIPs that were in force immediately before the repeal, as if the repeal had not happened.


[ Minister's second reading speech made in—
House of Representatives on 10 June 1999
Senate on 28 June 1999 ]
(108/99)


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