Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 39

(1) A person is taken, for the purposes of the new Act, to be approved under
Part 2.3 of the new Act as a recipient of *community care if, immediately
before the commencement day, the person is a person to whom paragraph (d) of
the definition of eligible person in subsection 2(1) of the 1954 Act applies.

(2) For the purposes of the new Act, if, under subsection (1), a person is
taken to be so approved:

   (a)  the approval lapses if the person is not, or has not been, provided
        with *community care within the period specified in the instrument of
        approval relating to the person's approval made under the General
        Conditions under section 10GI of the 1954 Act; and

   (b)  the reference in paragraph 23-1(b) of the new Act to section 23-3 of
        the new Act is taken, in relation to the person, to be a reference to
        paragraph (a) of this subsection; and

   (c)  section 23-3 of the new Act does not apply in relation to the person.

(3) If the approval in force under the 1954 Act in respect of the person
contained a limitation that the Secretary could have imposed under subsection
22-2(1) of the new Act, the approval is taken, for the purposes of the new
Act, to be so limited.