Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 33

(1) If, immediately before the commencement day, an approval for financial
assistance for community aged care services packages (within the meaning of
the 1954 Act) was in force under section 10GF of the 1954 Act, 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 approved provider, a number of

*places equal to the number of community aged care services packages (within
the meaning of the 1954 Act) to which the approval related immediately before
that day; and

   (b)  both:

        (i)    the general conditions for the provision of financial
               assistance under Part IIIA of the 1954 Act, formulated under
               section 10GI of the 1954 Act and as in force immediately before
               that day; and

        (ii)   any other conditions of a kind referred to in paragraph
               10GG(1)(e) of the 1954 Act that, under an agreement entered
               into by the approved provider under section 10GG of the 1954
               Act, are in force immediately before that day; 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 specified locations
               within regions in which the community aged care services
               packages are, immediately before that day, provided; and

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

   (d)  the Secretary is taken, on that day, to have determined under section
        15-1 of the new Act that the approved provider 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 *community care subsidy.

(3) For the purposes of subsection (1), the approved provider is the
organisation that was the approved provider (within the meaning of section
10GC of the 1954 Act) that, immediately before the commencement day, was
providing, or proposing to provide, the community aged care services packages
in question.