Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 28

(1) If:

   (a)  an organisation had, before the commencement day, applied under
        section 10B of the 1954 Act for the approval of a hostel for financial
        assistance by way of recurrent subsidy; and

   (b)  immediately before the commencement day, a certificate under section
        9AB of the 1954 Act was in force for financial assistance by way of
        recurrent subsidy in respect of the hostel; 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 15-1 of the new Act, for a determination by the Secretary in
        respect of the *places referred to in paragraph 25(1)(a) of this Act
        in relation to that certificate.

(2) The Secretary may specify, in a determination under section 15- 1 of the
new Act in respect of those *places, conditions to which the allocation of
those places is to be subject.

(3) For the purposes of the new Act, any conditions specified under subsection
(2) of this section are taken to be conditions to which the allocation of
those *places is subject under section 14- 5 of the new Act.

(4) 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.

(5) The Secretary must not refuse an application that, under subsection (1) of
this section, is taken to be an application made under section 15- 1 of the
new Act unless the Secretary is not satisfied that the conditions set out in
the certificate in question have been complied with.