Sch 6Modification of operation of Commonwealth aged care system during first 12 months

Schedule 6—Modification of operation of Commonwealth aged care system during first 12 months

modify the operation of the provisions of an Act or instrument includes modify that operation by notionally adding, omitting or substituting text.

Note: Examples of modifying the operation of the provisions of an Act or instrument by notionally adding, omitting or substituting text include notionally adding, omitting or substituting:

2 Modification of operation of Commonwealth aged care system during first 12 months

(1) If the Minister is satisfied that it is necessary or appropriate to do so, the Minister may, by legislative instrument, make rules that alter the operation of any aspect of the Commonwealth aged care system by:

(a) modifying the operation of the provisions of the new Act, this Act (other than this Schedule) or any other Act or instrument; or
(b) saving (with or without modifications) specified provisions of the old law.

Example 1: The rules may, before the transition time, modify the operation of the provisions of the old law if the Minister is satisfied that it is necessary or appropriate to do so to facilitate the commencement of the new Act or this Act.

Example 2: The rules may modify the operation of a provision of the new Act so as to make it amenable to automation.

Examples 3: The rules may modify the operation of the provisions of the new Act, this Act or any other Act or instrument in relation to the interaction between subsidies payable to a provider and the balance (if any) of an individual’s home care account (within the meaning of the new Act).

Example 4: The rules may save provisions of the old law that provide for subsidy under the old law.

(2) Without limiting paragraph (1)(a), modifications made by the rules may be expressed to apply:

(a) generally; or
(b) in relation to a specified person or class of persons.

(3) Without limiting subitem (1), the rules may include application, saving or transitional provisions relating to any modifications or savings made by those rules.

Expiry of rules

(4) Rules made under subitem (1) are repealed:

(a) at the end of the period of 12 months beginning on the day after the rules are made; or
(b) if the rules specify an earlier time—at the specified earlier time.

Time limit on making rules

(5) Rules must not be made under subitem (1) after the end of the period of 12 months beginning on the day this subitem commences.

Retrospective effect of rules

(6) Despite subsection 12(2) of the Legislation Act 2003 and subject to subitem (7), rules made under subitem (1) may be expressed to take effect from a date before the rules are registered under that Act.