Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 52

(1) If a certificate under section 39AB of the 1953 Act stating that the beds
included in an approved nursing home are exempt beds was in force immediately
before the commencement day, for the purposes of the new Act:

   (a)  the Secretary is taken, on that day, to have granted under section
        32-1 of the new Act *extra service status in respect of the

*residential care service corresponding to that nursing home; and

   (b)  the conditions to which the extra service status is subject under
        subsection 32-8(1) of the new Act are:

        (i)    any conditions set out in the new Act; and

        (ii)   any conditions specified in the Extra Service Principles made
               for the purposes of Part 2.5 of the new Act; and

        (iii)  any conditions to which the grant of exempt bed status in
               respect of the beds was subject, under subsection 39AB(9A) of
               the 1953 Act, immediately before that day, to the extent that
               those conditions are capable of application under the new Act;
               and

   (c)  these terms and conditions are taken to have been set out in a notice
        given in accordance with subsection 32-9(1) of the new Act.

(2) Despite subsection 33-2(2) of the new Act, if, under subsection (1),
*extra service status is taken to have been so granted, its

*expiry date is taken, for the purposes of the new Act, to be the day
occurring after the end of the exempt status period. Note: See also section 56
of this Act in relation to additional exempt bed fees, section 64 of this Act
in relation to the effect on extra service reductions under the new Act and
section 68 of this Act in relation to the effect on extra service amounts
under the new Act.

(3) In subsection (2): exempt status period means the period, starting on the
commencement day, equal to:

   (a)  if the certificate referred to in subsection (1) specified only one
        period as the period for which beds included, or proposed to be
        included, in the nursing home were to be exempt bedsÐthe amount of
        time that, immediately before that day, remained of that period; or

   (b)  subject to subsection (4), if the certificate specified more than one
        such periodÐthe amount of time that, immediately before that day,
        remained of whichever of those periods would have expired first.

(4) If:

   (a)  the certificate specified more than one such period; and

   (b)  the *approved provider concerned has entered into an agreement with
        the Secretary under this subsection in relation to the *places
        corresponding to the beds in the nursing home to which one of those
        periods (other than the period that would have expired first) relates;
        the exempt status period in relation to those places is the period,
        starting on the commencement day, equal to the amount of time that,
        immediately before that day, remained of the period specified in the
        certificate under subsection (1) in respect of the beds in question.

(5) Despite section 30- 3 of the new Act, the *places referred to in
subsection (4) are taken, for the purposes of the new Act, to form a

*distinct part of the *residential care service.

(6) A reference in subsection (1) to a certificate under section 39AB of the
1953 Act being in force immediately before the commencement day includes a
reference to a certificate that, as at that day:

   (a)  had been granted under that section for a period or periods that had
        not yet commenced; and

   (b)  had not lapsed or been revoked.