Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 8

(1) If:

   (a)  before the commencement day, the Minister had given a notice (the
        original notice) to the person under subsection 39BB(1) of the 1953
        Act; and

   (b)  as at the commencement day, the Minister had not made a decision
        whether to revoke the person's approval as an approved operator
        (within the meaning of the 1953 Act); the original notice is taken to
        be a notice under subsection 10-3(3) of the new Act.

(2) If the person had, as at the commencement day, made a submission under
subsection 39BB(2) of the 1953 Act:

   (a)  the submission is taken to be a submission given to the Secretary
        within the period referred to in paragraph 10-3(3)(b) of the new Act;
        and

   (b)  the notice required by subsection 10-3(5) of the new Act must be given
        to the approved provider within 28 days after the commencement day.

(3) If:

   (a)  the person had not, as at the commencement day, made a submission
        under subsection 39BB(2) of the 1953 Act; and

   (b)  the commencement day occurred more than 14 days after the original
        notice was given; then:

   (c)  the person is taken not to have given a submission to the Secretary
        within the period referred to in paragraph 10-3(3)(b) of the new Act;
        and

   (d)  the Secretary must give the notice required by subsection 10-3(5) of
        the new Act to the person within 28 days of the commencement day.

(4) If:

   (a)  the person had not, as at the commencement day, made a submission
        under subsection 39BB(2) of the 1953 Act; and

   (b)  the commencement day occurred not more than 14 days after the original
        notice was given; the person is taken to have been invited under
        paragraph 10-3(3)(b) of the new Act to make the submission referred to
        in that paragraph within 28 days of the commencement day.