Commonwealth Numbered Acts

HOME AND COMMUNITY CARE (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 185 of 1985 - SECT 4

4. Section 3 of the Principal Act is amended -
(a) by omitting from sub-section (1) the definition of "approved organization"
and substituting the following definitions:

"'approved organisation' means an eligible organisation that is
approved under section 5;
'Australian Capital Territory' includes the Jervis Bay Territory;
'base amount', in relation to an approved organisation and a
State in which that organisation provides meals in the course
of conducting an approved meal service, means an amount
ascertained to be the base amount in accordance with
sub-section
6 (8) in relation to that organisation and that State;
'base year' means the financial year commencing on 1 July
1984;";

   (b)  by omitting "organization" (wherever occurring) from the definition of
        "eligible organization" in sub-section (1) and substituting
        "organisation";

   (c)  by inserting after the definition of "eligible organization" in
        sub-section (1) the following definition:

"'first relevant period' means the period commencing on the prescribed
commencement day and ending on 30 June 1986;";

   (d)  by inserting after the definition of "fruit" in sub-section (1) the
        following definition:

"'index number', in relation to a State in which meals are provided by an
approved organisation in the course of conducting an approved meal service,
means -

   (a)  the hourly award rates of pay for adult wage earners index number for
        the community services industry for that State as provided by the
        Australian Statistician in respect of each month of March; or

   (b)  the All Groups Consumer Price Index number (excluding hospital and
        medical services) for the capital city of that State as provided by
        the Australian Statistician in respect of each March quarter;";

   (e)  by inserting after the definition of "local governing body" in
        sub-section (1) the following definitions:

"'prescribed commencement day' means the day on which the
Home and Community Care (Miscellaneous Amendments) Act 1985 receives the Royal
Assent;
'relevant period' means -

   (a)  the first relevant period;

   (b)  the second relevant period; or

   (c)  the financial year commencing on 1 July 1987 or any
subsequent financial year;
'second relevant period' means the financial year commencing on 1 July 1986;";

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

"'State' includes the Northern Territory and the Australian Capital
Territory."; and

   (g)  by omitting sub-section (2) and substituting the following
        sub-sections:

"(2) Subject to sub-section (3), if at any time, whether before or after the
prescribed commencement day, the Australian Statistician has provided or
provides an index number in respect of a March quarter or in respect of a
month of March for a State in which meals are provided by an approved
organisation in the course of conducting an approved meal service in
substitution for an index number previously provided for that State in respect
of that quarter or that month, the first-mentioned index number shall be
disregarded for the purposes of section 6.

"(3) If at any time, whether before or after the prescribed commencement day,
the Australian Statistician has changed or changes the reference base for an
index number for a State in which meals are provided by an approved
organisation in the course of conducting an approved meal service then, for
the purposes of the application of section 6 after the change took place or
takes place, regard shall be had only to the index number for that State
provided in terms of the new reference base.

"(4) In determining the proportion that one period bears to another period -

   (a)  a period consisting of a number of whole weeks and a part
of a week shall be treated as if it were a period consisting of
that number of whole weeks increased by one; and

   (b)  a period consisting of a part only of one week shall be
treated as if it were a period of a week.

"(5) For the purposes of sub-section 6 (9) where -

   (a)  the total period consists of a number of whole weeks and a part of a
        week - the total period shall be treated as if it were a period
        consisting of that number of whole weeks increased by one; and

   (b)  the total period consists of a part only of a week - the total period
        shall be treated as if it were a period of a week.".