Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 56

(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, the Secretary is
taken, on that day, to have approved under section 35-1 of the new Act extra
service fees for the *places corresponding to those beds. Note: See also
section 52 of this Act in relation to exempt bed status, section 64 of this
Act in relation to the effect on extra service reductions under the new Act
and section 70 of this Act in relation to the effect on extra service amounts
under the new Act.

(2) The amounts of the extra service fees are taken, for the purposes of the
new Act, to be equal to the amount of the additional exempt bed fees (within
the meaning of the 1953 Act) relating to those beds immediately before that
day.

(3) If:

   (a)  an application is subsequently made under section 35- 1 of the new Act
        for approval of extra service fees for any of those *places; and

   (b)  apart from subsection (1) of this section, the Secretary has not
        previously approved under section 35- 1 of the new Act extra service
        fees for any of the places that are the subject of the application;
        the reference in paragraph 35-3(3)(c) of the new Act to the last
        approval is a reference to:

   (c)  the last day on which a change in the additional exempt bed fees
        relating to those beds took effect under section 39AB or 40AD of the
        1953 Act; or

   (d)  if there has never been a change in those fees relating to those
        bedsÐthe day on which the grant of exempt bed status, referred to in
        the certificate under section 39AB of the 1953 Act, took effect in
        relation to those beds.