Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 78

(1) If:

   (a)  immediately before the commencement day, a determination under
        subsection 45EA(2) of the 1953 Act was in force; and

   (b)  the determination was a determination to the proprietor (within the
        meaning of the 1953 Act) of an approved nursing home that Commonwealth
        benefit is not payable to the proprietor in respect of a patient
        admitted to the nursing home after the making of the determination;
        for the purposes of the new Act, the determination is taken to be a
        sanction that:

   (c)  is imposed, under subparagraph 66-1(c)(ii) of the new Act, on the
        commencement day, on the *approved provider conducting the
        *residential care service that corresponds to the nursing home; and

   (d)  restricts that approved provider's approval as a provider of

*aged care services to care recipients to whom the approved provider

*provided care before the making of the determination.

(2) The sanction period for that sanction under section 68- 2 of the new Act:

   (a)  begins on the commencement day; and

   (b)  ends on the day the Secretary lifts the sanction under section 68-3 of
        the new Act.