Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 72

(1) Subject to this section, if:

   (a)  immediately before the commencement day, a formal agreement (within
        the meaning of the Community Aged Care Services General Conditions
        formulated under section 10GI of the 1954 Act) was in force; and

   (b)  the formal agreement was entered into between an eligible person
        (within the meaning of the 1954 Act) and an approved provider (within
        the meaning of the 1954 Act) of a community aged care service; for the
        purposes of paragraph 56-2(e) of the new Act, the formal agreement is
        taken to be a *community care agreement that:

   (c)  the *approved provider conducting the *community care service that
        corresponds to the community aged care service had, on the
        commencement day, offered to enter into with the eligible person; and

   (d)  the *approved provider and the eligible person had entered into on the
        commencement day.

(2) If:

   (a)  ongoing fees are payable under the formal agreement by the person for
        the provision of care; and

   (b)  the amount of ongoing fees payable in respect of the commencement day
        or a subsequent day would exceed the amount of the community care fee
        that may be charged under paragraph 60-1(a) of the new Act in respect
        of that day; the amount of the community care fee that may be charged
        under that paragraph in respect of that day is an amount not exceeding
        the amount of ongoing fees payable in respect of that day.