Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 20

(1) Subject to subsection (5), if an approval of premises as an approved
nursing home under section 40AA of the 1953 Act was in force immediately
before the commencement day, for the purposes of the new Act:

   (a)  the Secretary is taken, on that day, to have allocated under section
        14-1 of the new Act, to the proprietor (within the meaning of the 1953
        Act) of the nursing home, a number of *places equal to the number of
        beds to which the approval related immediately before that day; and

   (b)  subject to subsection (4), the conditions to which the approval was,
        immediately before that day, subject under subsections 40AA(5A) and
        (6) of the 1953 Act are taken, on that day, to be conditions to which
        the allocation is subject under section 14-5 of the new Act; and

   (c)  the allocation is taken to be subject to a further condition under
        section 14-5 of the new Act that:

        (i)    the places are allocated in respect of the location at which
               the premises are situated; and

        (ii)   any *care provided, in respect of the places, must be provided
               at that location; and

   (d)  the Secretary is taken, on that day, to have determined under section
        15-1 of the new Act that the proprietor is in a position to provide
        care, in respect of those places, for which subsidy under Chapter 3 of
        the new Act may be paid.

(2) The allocation of places referred to in paragraph (1)(a) is taken to be in
respect of *residential care subsidy.

(3) The reference in paragraph (1)(b) to the conditions to which the approval
was subject under subsections 40AA(5A) and (6) of the 1953 Act includes a
reference to:

   (a)  any determination made, in relation to the approval, under subsection
        40AA(6AAB) of the 1953 Act; and

   (b)  any modifications made to those conditions under section 40AAA of the
        1953 Act; and

   (c)  any alterations made to those conditions under section 40AD of the
        1953 Act.

(4) Paragraph (1)(b) of this section does not apply to the conditions referred
to in paragraphs 40AA(6)(ab), (b), (bc), (bd), (cd), (cf), (cg), (cj), (ck)
and (cl) of the 1953 Act.

(5) This section does not apply to an approved nursing home that is a
Government nursing home within the meaning of the 1953 Act.