Commonwealth Numbered Acts

HEALTH, HOUSING AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1992 No. 88 of 1992 - SECT 14

14. Section 13 of the Principal Act is amended:

   (a)  by omitting subsection (1) and substituting the following subsections:

"(1) The Minister may approve the making of a grant of financial assistance to
a State or an eligible organisation in relation to the provision by the State
or eligible organisation of a prescribed service for persons included in the
target group if the Minister is satisfied that:

   (a)  the making of the grant would be in the interests of the persons
        included in the target group; and

   (b)  the State or eligible organisation will take adequate steps towards
        meeting the objects of this Act set out insection 3 and the principles
        and objectives formulatedunder section 5; and

   (c)  the making of the grant would comply with the guidelines formulated
        under section 5 that are applicable to the making of a grant under
        this subsection; and

   (d)  either:

        (i)    if the State or eligible organisation has not previously
               received a grant of financial assistance under this Part in
               respect of the provision of the service - that the State or
               eligible organisation will meet the minimum standards in
               respect of the provision of the service by the day determined
               by the Minister under paragraph (3)(ba); or

        (ii)   in any other case - that the State or eligible organisation is
               meeting the minimum standards in respect of the provision of
               the service; and

   (e)  that the State or eligible organisation will take adequate steps to
        become eligible for funding as a transitional service.

"(1A) The Minister may approve the making of the grant even though the
Minister is not satisfied that the making of the grant would further the
objects of this Act and those principles and objectives.";

   (b)  by omitting paragraph (2)(b) and substituting the following
        paragraphs:

"(b) the cost of acquiring land (with or without buildings);

   (c)  the cost of acquiring, erecting, altering or extending buildings;

   (d)  the cost of acquiring, altering or installing equipment.";

   (c)  by inserting after subsection (2) the following subsection:

"(2A) A grant of financial assistance is subject to the condition that the
State or eligible organisation meets the minimum standards in respect of the
provision of the prescribed service:

   (a)  if the Minister has determined a day under paragraph (3)(ba) in
        respect of the service - on and from that day; or

   (b)  in any other case - on and from the day on which the financial
        assistance is granted.";

   (d)  by omitting from subsection (3) "to an eligible organisation under
        sub-section (1) in relation to the provision by the eligible
        organisation of a prescribed service for persons included in the
        target group, the Minister shall, subject to sub-section (5) and", and
        substituting ", the Minister must, subject to";

   (e)  by adding at the end of paragraph (3)(a) "and";

   (f)  by inserting after paragraph (3)(b) the following paragraph:

"(ba) if the State or eligible organisation providing the prescribed service
has not previously received a grant of financial assistance under this section
in respect of the provision of the prescribed service - determine a day by
which the State or eligible organisation must be meeting the minimum standards
in respect of the provision of the service; and";

   (g)  by omitting from paragraph (3)(c) "the terms" and substituting "any
        other terms";

   (h)  by omitting from paragraph (4)(b) "by the eligible organisation";

   (i)  by omitting from paragraphs (4)(e) and (g) "fulfillment" and
        substituting "fulfilment";

   (j)  by omitting subsection (5).