Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 77

If:

   (a)  immediately before the commencement day, a declaration under
        subsection 45EA(1) of the 1953 Act was in force; and

   (b)  the declaration was a declaration to the proprietor (within the
        meaning of the 1953 Act) of an approved nursing home that the home did
        not satisfy one or more conditions applicable to the nursing home
        under that Act; for the purposes of the new Act:

   (c)  the declaration is taken to be a notice of non-compliance under
        section 67-2 of the new Act given to the *approved provider conducting
        the *residential care service that corresponds to the nursing home;
        and

   (d)  the approved provider is taken not to have made any submissions in
        response to the notice of non-compliance.