Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 82

(1) If:

   (a)  a person, had, before the commencement day, applied under section 6,
        9AB or 9A of the 1954 Act for financial assistance by way of a grant
        in respect of a nursing home (within the meaning of the 1954 Act) or a
        hostel, as the case requires; and

   (b)  as at the commencement day, the Minister had not yet made a decision
        on the application; the application is taken, for the purposes of the
        new Act, to be a valid application made, on the commencement day,
        under section 71-1 of the new Act for the allocation of a *residential
        care grant.

(2) The Secretary is taken to have waived under section 72-5 of the new Act
the requirements referred to in paragraph (b) of that section so far as they
relate to that application and any allocation of a

*residential care grant made in connection with that application.

(3) If:

   (a)  the application had been made under section 9A of the 1954 Act in
        respect of a hostel; and

   (b)  at the time of the application, a certificate was in force under
        section 9AB of the 1954 Act for financial assistance by way of a grant
        in respect of that hostel; the Secretary must allocate a *residential
        care grant in connection with the application if the Secretary is
        satisfied:

   (c)  the applicant has met the conditions, and provided the information and
        documents, referred to in subparagraph 9AB(3)(a)(i) as in force
        immediately before the commencement of the Aged Care Act 1997 (other
        than Division 1 of that Act), in relation to that certificate; and

   (d)  the applicant has so met the conditions and provided the information
        and documents within:

        (i)    the period of 12 months after the certificate was issued; or

        (ii)   if that period of 12 months has been varied in accordance with
               a determination under subsection 9AB(11)Šthat period as so
               varied.