Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 25

(1) If, immediately before the commencement day, a certificate under
subsection 9AB(1), (4), (7) or (9) of the 1954 Act was in force for financial
assistance by way of recurrent subsidy in respect of a hostel:

   (a)  the Secretary is taken, on that day, to have allocated under section
        14-1 of the new Act, to the holder of the certificate, a number of
        *places equal to the number of hostel places (within the meaning of
        the 1954 Act) to which the certificate related immediately before that
        day; and

   (b)  the terms in the certificate are taken, on that day, to be conditions:

        (i)    to which the allocation is subject under section 14-5 of the
               new Act; and

        (ii)   that the Secretary has specified, under subsection 14-5(3) of
               the new Act, to be conditions that must be met before a
               determination can be made under section 15-1 of the new Act;
               and

   (c)  the allocation is taken to be a *provisional allocation; and

   (d)  the *provisional allocation period is a period equal to the amount of
        time that, immediately before that day, remained of the period for
        which the certificate was in force.

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

(3) For the purposes of paragraph (1)(a), the holder of the certificate is the
organisation that was, immediately before that day, the holder of the
certificate.

(4) For the purposes of this section, a certificate under section 9AB of the
1954 Act, for financial assistance by way of recurrent subsidy in respect of a
hostel, is taken not to be in force immediately before that day if an approval
of the hostel was in force under section 10B of the 1954 Act immediately
before that day.

(5) A reference in this section to a certificate under section 9AB of the 1954
Act includes a reference to such a certificate issued by virtue of subsection
9AC(1) of the 1954 Act in connection with an application under that
subsection.