Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 21

(1) Subject to subsection (5), if:

   (a)  a person had, before the commencement day, applied under section 39B
        of the 1953 Act for a certificate under that section in relation to
        premises; and

   (b)  as at the commencement day, the Minister had not yet made a decision
        on the application; and

   (c)  on the commencement day, an allocation of *places is taken, under
        section 16 of this Act, to have been made in respect of a certificate
        under section 39A of the 1953 Act relating to those premises; 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 conditions to which the allocation of
        places is subject.

(2) Subject to subsection (5), if:

   (a)  a person had, before the commencement day, applied under section 39B
        of the 1953 Act for a certificate under that section in relation to
        premises; and

   (b)  as at the commencement day, the Minister had not yet made a decision
        on the application; and

   (c)  on the commencement day, an allocation of *places is taken, under
        section 20 of this Act, to have been made in respect of an approval
        under section 40AA of the 1953 Act relating to those premises; the
        application is taken, for the purposes of the new Act, to be an
        application made, on the commencement day, under section 17-2 of the
        new Act for a variation of the conditions to which the allocation of
        places is subject.

(3) The variation that, under subsection (1) or (2) of this section, is taken
to have been applied for is a variation to the effect that the location in
respect of which the *places are allocated is the location of the different
premises specified in the application under section 39B of the 1953 Act.

(4) For the purposes of the new Act:

   (a)  an application to which subsection (1) of this section applies is
        taken to meet all the requirements of subsection 15- 5(3) of the new
        Act; and

   (b)  an application to which subsection (2) of this section applies is
        taken to meet all the requirements of section 17- 2 of the new Act.

(5) This section does not apply if, immediately before the commencement day,
some or all of the beds in the approved nursing home located on the premises
were occupied.