Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 17

(1) Subject to subsection (2), if:

   (a)  a person had, before the commencement day, applied under subsection
        39A(4) of the 1953 Act for a variation of a certificate under section
        39A of the 1953 Act; and

   (b)  immediately before the commencement day, the certificate was still in
        force; and

   (c)  as at the commencement day, the Minister had not yet made a decision
        on the application; the application is taken, for the purposes of the
        new Act, to be an application made, on the commencement day, under
        section 15-5 of the new Act for a variation of the *provisional
        allocation that, under section 16 of this Act, is taken to have been
        made in respect of the certificate.

(2) If:

   (a)  a person had, before the commencement day, applied under subsection
        39A(4) of the 1953 Act for a variation of a certificate under section
        39A of the 1953 Act; and

   (b)  the application sought the deletion of the number of beds specified in
        the certificate and the substitution of a higher number of beds; and

   (c)  immediately before the commencement day, the certificate was still in
        force; and

   (d)  as at the commencement day, the Minister had not yet made a decision
        on the application; the application is taken, for the purposes of the
        new Act, to be an application made, on the commencement day, under
        section 13-1 of the new Act for an allocation of *places, of a number
        equal to the increase in the number of beds that was sought, in
        respect of *residential care subsidy.

(3) For the purposes of the new Act, the application referred to in subsection
(2) is taken to be a valid application that meets all the requirements of
section 13- 1 of the new Act.

(4) If:

   (a)  a person had, before the commencement day, applied under subsection
        39A(11) of the 1953 Act for revocation of a certificate under section
        39A of the 1953 Act; and

   (b)  immediately before the commencement day, the certificate was still in
        force; and

   (c)  as at the commencement day, the Minister had not revoked the
        certificate; the application is taken, for the purposes of the new
        Act, to be a notice in writing under section 15-6 of the new Act,
        given to the Secretary on the commencement day, surrendering the
        *provisional allocation that, under section 16 of this Act, is taken
        to have been made in respect of the certificate.