45Banning orders in force immediately before the transition time

45 Banning orders in force immediately before the transition time

(1) This item applies in relation to a banning order against an individual made under subsection 74GB(1) or (3) of the Commission Act that is in force immediately before the transition time.

(2) The banning order continues in force (and may be dealt with), after the transition time, as if it were a banning order against the individual made under section 498 of the new Act.

(3) For the purposes of the application of the new Act to the banning order after the transition time:

(a) if the banning order was made against an individual who is or was a governing person—the order is taken to have been made against the individual as a responsible person; and
(b) if the banning order related to the individual’s involvement in the provision of any type of aged care—the order is taken to relate to the individual’s involvement in the delivery of funded aged care services generally; and
(c) if the banning order related to the individual’s involvement in the provision of a specified type of aged care—the order is taken to relate to the delivery of funded aged care services of the specified service type or specified types that the Commissioner considers correspond as nearly as possible to the specified type of aged care to which the order related before the transition time.

(4) To avoid doubt, the banning order is taken, for the purposes of the new Act:

(a) if the banning order was made for a specified period—to remain in force for that period; and
(b) if the banning order was made subject to specified conditions—to be subject to the same conditions.