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HOME AND COMMUNITY CARE (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 185 of 1985 - SECT 7
7. Section 6 of the Principal Act is repealed and the following sections are
substituted: Authorisation of payments
"6. (1) Subject to this Act, the Secretary may authorise the payment of a
subsidy to an approved organisation in respect of the provision by that
organisation of meals in the course of conducting an approved meal service in
a State in a relevant period.
"(2) The Secretary shall not authorise the payment of a subsidy under this Act
to an approved organisation in respect of the provision by that organisation
of meals in the course of conducting an approved meal service in a State -
(a) where those meals were provided in a relevant period, or in a part of
a relevant period, that occurs on or after the day on which an
agreement substantially in accordance with the form contained in the
Schedule to the Home and Community Care Act 1985 was, or is, entered
into between the Commonwealth and that State; or
(b) if, in the circumstances to which paragraph (a) does not apply, those
meals were provided on or after the prescribed commencement day and
they were the first meals to be provided by that organisation in the
course of conducting that service in that State.
"(3) The amount of subsidy payable to an approved organisation in respect of
the provision by that organisation of meals in the course of conducting an
approved meal service in a State in a relevant period shall be determined by
the Secretary but shall not exceed -
(a) where meals were provided by that organisation in the course of
conducting that service in that State during the base year - an amount
equal to the lesser of -
(i) an amount equal to the sum of -
(A) subject to sub-section (5), the product of 55 cents and
the number of meals (if any) provided by that
organisation in that State in that relevant period that
included fresh fruit or fruit juice in accordance with an
arrangement approved under section 5; and
(B) the product of 50 cents and the number of meals (if any)
provided by that organisation in that State in that
relevant period that did not include fresh fruit or fruit
juice; and
(ii) the amount that is -
(A) where the relevant period is the first relevant period -
the product of the adjustment factor and the amount that
bears the same proportion to the base amount in respect
of that organisation and that State as the first relevant
period bears to a period of 52 weeks;
(B) where the relevant period is the second relevant period -
the product of the adjustment factor and the amount that
bears the same proportion to the amount calculated in
accordance with sub-sub-paragraph (A) in respect of the
provision by that organisation of meals in the course of
conducting that service in that State in the first
relevant period as a period of 52 weeks bears to the
first relevant period; or
(C) where the relevant period is neither the first nor the
second relevant period - the product of the adjustment
factor and the amount calculated in accordance with
whichever of sub-sub-paragraph (B) or this
sub-subparagraph (in a previous application of this
sub-section) applies in respect of the provision by that
organisation of meals in the course of conducting that
service in that State in the immediately preceding
relevant period; and
(b) where meals were first provided by that organisation in the course of
conducting that service in that State in the period commencing on 1
July 1985 and ending on the day before the prescribed commencement day
(in this paragraph referred to as the 'prescribed period') - an amount
equal to the lesser of -
(i) an amount equal to the sum of -
(A) subject to sub-section (5), the product of 55 cents and
the number of meals (if any) provided by that
organisation in that State in that relevant period that
included fresh fruit or fruit juice in accordance with an
arrangement approved under section 5; and
(B) the product of 50 cents and the number of meals (if any)
provided by that organisation in that State in that
relevant period that did not include fresh fruit or fruit
juice; and
(ii) the amount -
(A) where the relevant period is the first relevant period -
that bears the same proportion to the amount of subsidy
paid to that approved organisation in respect of the
provision by that organisation of meals in the course of
conducting that service in that State in the prescribed
period, or in the part of that period during which the
service was provided, as the first relevant period bears
to the prescribed period, or to the part of that period
during which that service was provided, as the case may
be; or
(B) where the relevant period is the second or a subsequent
relevant period - that bears the same proportion to the
amount ascertained in accordance with sub-subparagraph
(A) in respect of the provision of meals in the course of
conducting that service in that State in the first
relevant period as a period of 52 weeks bears to the
first relevant period.
"(4) The Secretary may, for the purposes of sub-section (5), by notice
published in the Gazette, specify conditions (in addition to any conditions
applicable under section 9) relating to the operation and management of
approved organisations in relation to the conduct by those organisations of
approved meal services.
"(5) Where the Secretary is satisfied that an approved organisation is, in
conducting an approved meal service, complying with the conditions referred to
in sub-section (4) that apply to that organisation, the amount of 65 cents
shall be substituted for the amount of 55 cents for the purposes of the
operation of sub-sub-paragraph (3) (a) (i) (A) or (3) (b) (i) (A).
"(6) For the purposes of sub-paragraph (3) (a) (ii), the adjustment factor, in
respect of a relevant period and a State in which an approved organisation is
providing meals in the course of conducting an approved meal service, is a
number calculated in accordance with the formula
0.75A 0.25C _____ + _____, where -
B D
A and B are the hourly award rates of pay for adult wage earners index numbers
for the community services industry for that State as provided by the
Australian Statistician in relation to the series entitled 'Award Rates of Pay
Indexes, Australia', in respect of the month of March in that relevant period
and in respect of the preceding month of March, respectively; and
C and D are the All Groups Consumer Price Index numbers (excluding hospital
and medical services) for the capital city of that State as provided by the
Australian Statistician in relation to the series entitled 'Consumer Price
Index' in respect of the March quarter of that relevant period and in respect
of the preceding March quarter, respectively.
"(7) Where the adjustment factor in respect of a relevant period and a State
in which an approved organisation is providing meals in the course of
conducting an approved meal service, as ascertained in accordance with
sub-section (6), would, but for the operation of this sub-section, be less
than one, that factor shall be taken to be one.
"(8) For the purposes of this section, the base amount in respect of the
provision of meals by an approved organisation in the course of conducting an
approved meal service in a State during the base year is an amount equal to -
(a) where meals were provided by that organisation in the course of
conducting that service in that State throughout the base year -
(i) if none of those meals attracted a higher rate of subsidy by
virtue of the operation of sub-section 6 (1B) as that section
was in force immediately before the prescribed commencement day
- subject to paragraph (c), the amount of subsidy paid or
payable to that approved organisation under section 6 as that
section was in force immediately before the prescribed
commencement day in respect of the provision of those meals by
that organisation in the course of conducting that service in
that State in the base year; or
(ii) if at least one of those meals attracted a higher rate of
subsidy by virtue of the operation of sub-section 6 (1B) as
that section was in force immediately before the prescribed
commencement day - subject to paragraph (c), the product of 65
cents and the total number of meals provided by that
organisation in the course of conducting that service in that
State in the base year;
(b) where meals were provided by that organisation in the course of
conducting that service in that State during a period consisting of a
part only of the base year (in this paragraph referred to as the
'prescribed period') -
(i) if none of those meals attracted a higher rate of subsidy by
virtue of the operation of sub-section 6 (1B) as that section
was in force immediately before the prescribed commencement day
- subject to paragraph (c), the amount that bears the same
proportion to the amount of subsidy paid or payable to that
organisation under section 6 as that section was in force
immediately before the prescribed commencement day in respect
of the provision of meals by that organisation in the course of
conducting that service in that State in the prescribed period
as a period of 52 weeks bears to the prescribed period; or
(ii) if at least one of those meals attracted a higher rate of
subsidy by virtue of the operation of sub-section 6 (1B) as
that section was in force immediately before the prescribed
commencement day - subject to paragraph (c), the product of 65
cents and the number of meals that bears the same proportion to
the number of meals provided in the prescribed period as a
period of 52 weeks bears to the prescribed period; or
(c) where the Secretary has, in accordance with sub-section (9), given a
direction specifying a period in the base year during which the number
of meals provided by that organisation in the course of conducting
that service in that State increased significantly -
(i) where the amount ascertained in accordance with subparagraph
(a) (i) or (b) (i) would, but for this provision, be applicable
- the amount that bears the same proportion to the amount of
subsidy paid or payable to that approved organisation under
section 6 as that section was in force immediately before the
prescribed commencement day in respect of the provision of
meals by that organisation in the course of conducting that
service in that State in that specified period as a period of
52 weeks bears to the specified period; or
(ii) where the amount ascertained in accordance with subparagraph
(a) (ii) or (b) (ii) would, but for this provision, be
applicable - the amount that bears the same proportion to the
product of 65 cents and the number of meals provided by that
organisation in the course of conducting that service in that
State in that specified period as a period of 52 weeks bears to
the specified period.
"(9) Where the Secretary is satisfied that the number of meals provided by an
approved organisation in the course of conducting an approved meal service in
a State in the base year increased significantly during a significant part, or
significant parts, of that year, the Secretary may give a direction in writing
specifying the total period during which, in the Secretary's opinion, the
number of meals so provided increased significantly.
"(10) Where -
(a) at least one of the meals provided by an approved organisation in the
course of conducting an approved meal service in a State in the period
commencing on 1 July 1985 and ending on the day before the prescribed
commencement day (in this sub-section referred to as the 'prescribed
period'), being an approved meal service that was provided by that
organisation during the base year, attracted a higher rate of subsidy
by virtue of the operation of sub-section 6 (1B) as that section was
in force immediately before the rescribed commencement day; or
(b) the Secretary is satisfied that the number of meals provided by an
approved organisation in the course of conducting an approved meal
service in a State in the prescribed period, being a service that was
provided during the base year, increased significantly for a
significant period during the prescribed period, the Secretary may, in
respect of the first relevant period, determine, in writing, a
different amount in respect of the provision of those meals by that
organisation in the course of conducting that service in that State
from the product calculated in accordance with sub-sub-paragraph (3)
(a) (ii) (A) and, where the Secretary makes such a determination, that
determined amount shall, for the purposes of the operation of
sub-paragraph (3) (a) (ii), be substituted for the amount that would,
but for this provision, have applied in respect of the first relevant
period under sub-sub-paragraph (3) (a) (ii) (A) had no determination
been made. Advances
"6A. (1) The Secretary may, by writing, at such times as the Secretary thinks
fit, authorise the making to an approved organisation of an advance on account
of an amount of subsidy that is expected to become payable to the approved
organisation under section 6 in respect of the provision by that organisation
of meals in the course of conducting an approved meal service in a State in a
relevant period, and the terms and conditions that would be applicable to a
payment of such an amount of subsidy are applicable to any such advance.
"(2) If the total amount of advances paid to an approved organisation under
sub-section (1) on account of an amount of subsidy that is expected to become
payable to the approved organisation under section 6 in respect of the
provision by that organisation of meals in the course of conducting an
approved meal service in a State in a relevant period exceeds the total amount
of subsidy that is so payable, an amount equal to the amount of that excess -
(a) may be deducted by the Commonwealth from the amount of subsidy that
would, but for this provision, be payable to that approved
organisation under section 6 in respect of the provision by that
organisation of meals in the course of conducting that service in a
State in a succeeding relevant period; or
(b) is recoverable by the Commonwealth from that approved organisation as
a debt due to the Commonwealth. Payments to approved organisations in
the Australian Capital Territory
"6B. The Minister may, on or after the prescribed commencement day, by notice
published in the Gazette, declare that, in respect of meals provided in the
Australian Capital Territory on or after the day specified in that notice by
an approved organisation in the course of conducting an approved meal service
in the Australian Capital Territory, the Secretary will not authorise the
making of a payment to that organisation pursuant to section 6 in respect of
those meals.".
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