Commonwealth Consolidated Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 - SECT 78

             (1)  If:

                     (a)  immediately before the commencement day, a determination under subsection 45EA(2) of the 1953 Act was in force; and

                     (b)  the determination was a determination to the proprietor (within the meaning of the 1953 Act) of an approved nursing home that Commonwealth benefit is not payable to the proprietor in respect of a patient admitted to the nursing home after the making of the determination;

for the purposes of the new Act, the determination is taken to be a sanction that:

                     (c)  is imposed, under subparagraph 66-1(c)(ii) of the new Act, on the commencement day, on the ^* approved provider conducting the ^* residential care service that corresponds to the nursing home; and

                     (d)  restricts that approved provider's approval as a provider of ^* aged care services to care recipients to whom the approved provider ^* provided care before the making of the determination.

             (2)  The sanction period for that sanction under section 68-2 of the new Act:

                     (a)  begins on the commencement day; and

                     (b)  ends on the day the Secretary lifts the sanction under section 68-3 of the new Act.