99Conditions that apply to an allocated place

99  Conditions that apply to an allocated place

 (1) A place allocated by the System Governor to an entity under subsection 95(1) is subject to the following conditions:

 (a) the place must only be used by the entity once the entity has become a registered provider and the entity’s registration is in effect and covers any funded aged care service delivered under the place;

 (b) the place must only be used by the entity to deliver a funded aged care service to an individual when the place is in effect;

 (c) the place must only be used by the entity to deliver a funded aged care service to an individual with an access approval in effect that:

 (i) for the Transition Care Program—includes the classification type hospital transition for the service group in which the service is included and for which the place is allocated; or

 (ii) for the Multi‑Purpose Service Program—includes the classification type ongoing or short‑term for the service group in which the service is included and for which the place is allocated;

 (d) the place must only be used by the entity to deliver a funded aged care service to an individual in the State or Territory for which the place was allocated (if applicable);

 (e) any conditions determined by the System Governor under subsection (2);

 (f) any condition prescribed by the rules.

 (2) The System Governor may determine, in accordance with any requirements prescribed by the rules, that an allocation of a place is subject to such conditions as specified by written notice given to the entity.

 (3) The notice under subsection (2) may be given:

 (a) on the day the System Governor gives notice of a decision, under subsection 95(1) to allocate the place; or

 (b) on a later day.

 (4) A determination by the System Governor that an allocation of a place to an entity is subject to such conditions as specified by a notice under subsection (2) takes effect:

 (a) on the day the notice is given to the registered provider; or

 (b) if the System Governor specifies a later day in the notice as the day the determination takes effect—that day.

 (5) A notice given under subsection (2) is not a legislative instrument.