Commonwealth Numbered Acts

NURSING HOMES AND HOSTELS LEGISLATION AMENDMENT ACT 1986 No. 115, 1986 - SECT 4

4. Section 9 of the Principal Act is amended -

   (a)  by omitting sub-section (1) and substituting the following subsection:

"(1) Subject to this section, the amount of a grant under this Part in respect
of an approved home shall be an amount not exceeding -

   (a)  in a case to which paragraph (b) does not apply - 80% of the capital
        cost of the home or 4 times the amount of the funds of the eligible
        organisation available for expenditure toward the capital cost of the
        home, whichever is the less; or

   (b)  in a case where the Secretary certifies, in writing, that the
        Secretary is satisfied that the approved home is intended to be used
        exclusively or almost exclusively for the accommodation of financially
        disadvantaged persons - the capital cost of the home."; and

   (b)  by adding at the end the following sub-sections:

"(3) The Minister may determine, in writing, that a class of persons specified
in the determination is a class of financially disadvantaged persons for the
purposes of this section.

"(4) Sections 48, 49, 49A and 50 of the Acts Interpretation Act  1901 apply to
certificates made under sub-section (1) and determinations made under
sub-section (3) as if in those provisions references to regulations were
references to certificates or determinations, references to a regulation were
references to a provision of a certificate or determination and references to
repeal were references to revocation.

"(5) Certificates made under sub-section (1) and determinations made under
sub-section (3) shall not be taken to be statutory rules within the meaning of
the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3C)
(inclusive) of that Act apply in relation to such certificates and
determinations as they apply to statutory rules.

"(6) For the purposes of the application of sub-section 5 (3B) of the
Statutory Rules Publication Act 1903 in accordance with sub-section (5) of
this section, the reference in the first-mentioned sub-section to the Minister
of State for Sport, Recreation and Tourism shall be read as a reference to the
Minister administering this Act.

"(7) Section 5 of the Evidence Act 1905 applies to certificates made under
sub-section (1) and determinations made under sub-section (3) as that section
applies to an order made by the Minister.

"(8) In this section, 'financially disadvantaged person' means an eligible
person included in a class of persons determined by the Minister, under
sub-section (3), to be a class of financially disadvantaged persons.".