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AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 - SECT 8

Continuation of notice under section 39BB

             (1)  If:

                     (a)  before the commencement day, the Minister had given a notice (the original notice ) to the person under subsection 39BB(1) of the 1953 Act; and

                     (b)  as at the commencement day, the Minister had not made a decision whether to revoke the person's approval as an approved operator (within the meaning of the 1953 Act);

the original notice is taken to be a notice under subsection 10-3(3) of the new Act.

             (2)  If the person had, as at the commencement day, made a submission under subsection 39BB(2) of the 1953 Act:

                     (a)  the submission is taken to be a submission given to the Secretary within the period referred to in paragraph 10-3(3)(b) of the new Act; and

                     (b)  the notice required by subsection 10-3(5) of the new Act must be given to the approved provider within 28 days after the commencement day.

             (3)  If:

                     (a)  the person had not, as at the commencement day, made a submission under subsection 39BB(2) of the 1953 Act; and

                     (b)  the commencement day occurred more than 14 days after the original notice was given;

then:

                     (c)  the person is taken not to have given a submission to the Secretary within the period referred to in paragraph 10-3(3)(b) of the new Act; and

                     (d)  the Secretary must give the notice required by subsection 10-3(5) of the new Act to the person within 28 days of the commencement day.

             (4)  If:

                     (a)  the person had not, as at the commencement day, made a submission under subsection 39BB(2) of the 1953 Act; and

                     (b)  the commencement day occurred not more than 14 days after the original notice was given;

the person is taken to have been invited under paragraph 10-3(3)(b) of the new Act to make the submission referred to in that paragraph within 28 days of the commencement day.


 



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