Commonwealth Consolidated Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 - SECT 81

             (1)  If:

                     (a)  immediately before the commencement day, a determination was in force under section 10FAA of the 1954 Act; and

                     (b)  the determination was a determination varying an agreement entered into under section 10FA of the 1954 Act in respect of a hostel;

for the purposes of the new Act, the determination is taken to be a sanction imposed, under paragraph 66-1(e) of the new Act, on the commencement day, on the ^* approved provider conducting the ^* residential care service that corresponds to the hostel.

             (2)  For the purposes of subsection (1), if the variation of the agreement reduced the number of approved hostel places specified in the agreement, the number of ^* places taken, under section 29 of this Act, to have been allocated to the ^* approved provider under section 14-1 of the new Act is taken to be reduced by the same number.

             (3)  For the purposes of subsection (1), if the variation of the agreement reduced the number of approved respite care places specified in the agreement, the proportion of ^* care to be ^* provided by the ^* approved provider as ^* respite care is taken to be reduced by a corresponding amount.

             (4)  For the purposes of subsection (1), if:

                     (a)  there was a variation of the classes of eligible persons (within the meaning of the 1954 Act) specified in the agreement to be accommodated in approved places--a corresponding variation is taken to have been made to the conditions to which the ^* approved provider's allocation of ^* places is taken to be subject under section 14-5 of the new Act; or

                     (b)  there was a variation to the proportion or number of places specified in relation to each such class--a variation corresponding to that variation is taken to have been made to the conditions to which the approved provider's allocation of ^* places is taken to be subject under section 14-5 of the new Act.

             (5)  In this section:

"approved hostel places" has the same meaning as in subparagraph 10FAA(2)(b)(i) of the 1954 Act.

"approved places" has the same meaning as in subparagraph 10FAA(2)(b)(iii) of the 1954 Act.

"approved respite places" has the same meaning as in subparagraph 10FAA(2)(b)(ii) of the 1954 Act.