Commonwealth Numbered Acts

Health Acts Amendment Act 1981 No. 118 of 1981 - SECT 77

77. (1) Section 3 of the Principal Act is amended-

(a) by adding at the end of the definition of ''eligible organization'' in
sub-section (1), after paragraph (e) of that definition, ''but does not
include an organization that conducts, or has at any time conducted, a public
hospital'';

   (b)  by adding at the end of the definition of ''nursing home care'' in
        sub-section (1) '', and includes any prescribed service of a kind
        provided in a nursing home'';

   (c)  by omitting from sub-section (1) the definition of ''premises'' and
        substituting the following definition:

'' 'premises' includes a part of premises, but does not include-

   (a)  any premises on Crown land, whether in a State or an internal
        Territory;

   (b)  any premises on land held under a lease or licence from the Crown,
        whether in a State or in an internal Territory;

   (c)  any premises on land that has been the subject of a deed of gift by a
        State or by the Commonwealth;

   (d)  by adding at the end of sub-section (1) the following definition:

'' 'State' includes the Northern Territory.''; and

   (e)  by omitting sub-sections (1A) and (2) and substituting the following
        sub-sections:

''(2) Where the Minister, having regard to the particular circumstances of the
case, considers that an organization (whether an eligible organization or not)
should be treated, for the purposes of this Act, as an eligible organization
with respect to particular premises (whether premises within the meaning of
this Act or not), the Minister shall, by instrument in writing, make a
declaration accordingly.

''(2A) A declaration under sub-section (2) may be expressed to take effect as
from a date before the making of the declaration, not being a date before the
commencement of this sub-section.

''(2B) A reference in this Act to a nursing home to which this Act applies
shall be read as a reference to-

   (a)  a nursing home, other than a Government nursing home, conducted by an
        eligible organization; or

   (b)  a nursing home conducted on premises to which a declaration under
        sub-section (2) applies by the organization to which the declaration
        applies.

''(2C) Where a nursing home is a nursing home to which this Act applies by
virtue of a declaration under sub-section (2), the premises on which the
nursing home is conducted shall, if they are not otherwise premises within the
meaning of this Act, be deemed to be, by force of this sub-section, premises
within the meaning of this Act.''.

(2) Subject to sub-section (3), the amendments made by sub-section (1) do not
affect an approval under section 4 of the Principal Act in force immediately
before the commencement of this section.

(3) Where the Minister is satisfied that an approval referred to in
sub-section (2) would not have been given if the amendments made by
sub-section (1) had been in force at the time that the application for the
approval was considered, the Minister may, having regard to all the
circumstances of the case, revoke the approval as from a date specified in the
revocation, not being a date earlier than the date on which the revocation is
made.

(4) A revocation under sub-section (3) shall not be made after the expiration
of 3 months after the commencement of this section.