Commonwealth Consolidated Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 - SECT 19

             (1)  If:

                     (a)  immediately before the commencement day, a certificate under section 39A of the 1953 Act was in force in relation to the premises; and

                     (b)  the person had, before the commencement day, made an application, relating to the certificate:

                              (i)  under section 40AA of the 1953 Act for approval of the premises as an approved nursing home; or

                             (ii)  under subsection 40AD(1) of the 1953 Act for the alteration of the conditions applicable to the nursing home in question; and

                     (c)  as at the commencement day, the Minister had not yet made a decision on the application;

the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 15-1 of the new Act for a determination by the Secretary in respect of the ^* places referred to in paragraph 16(1)(a) of this Act in relation to that certificate.

             (2)  The Secretary may specify, in a determination under section 15-1 of the new Act in respect of those ^* places, conditions to which the allocation of those places is to be subject.

             (3)  For the purposes of the new Act, any conditions specified under subsection (2) of this section are taken to be conditions to which the allocation of those ^* places is subject under section 14-5 of the new Act.

             (4)  The Secretary must not refuse an application that, under subsection (1) of this section, is taken to be an application made under section 15-1 of the new Act unless the Secretary is not satisfied that the specifications set out in the certificate in question have been complied with.