CTHRepealedAct
Aged Care (Consequential Provisions) Act 1997
10Approved operators
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#### 10 Approved operators
(1) An organisation that was an approved operator (within the meaning of section 10AB of the 1954 Act) immediately before the commencement day is taken, for the purposes of the new Act, to be an \*approved provider if either of the following applies:
(a) financial assistance by way of recurrent subsidy is or was payable to the organisation in respect of the provision by the organisation, on the day before the commencement day, of hostel care services (within the meaning of the 1954 Act) or personal care services (within the meaning of the 1954 Act);
(b) the organisation was, immediately before the commencement day, the holder of a certificate under section 9AB of the 1954 Act for financial assistance by way of recurrent subsidy in respect of a hostel (within the meaning of the 1954 Act).
> Note: An organisation that does not satisfy either paragraph (1)(a) or (b) will need to apply under section 8-2 of the new Act in order to be approved as a \*provider of \*aged care under that Act.
(2) If an organisation is taken to be an \*approved provider under subsection (1):
(a) the approval is taken, for the purposes of the new Act, to be limited under paragraph 8-1(2)(c) of the new Act:
(i) to \*residential care provided through \*aged care services that the organisation was conducting, or proposed to conduct, on the day before the commencement day; or
(ii) if paragraph (1)(b) applies—to residential care provided through aged care services proposed to be conducted at the hostel specified in the certificate granted to the organisation under section 9AB of the 1954 Act; and
(b) the information provided in the application under section 10AB of the 1954 Act is taken, for the purposes of section 9‑1 of the new Act, to have been provided in an application under section 8-2 of the new Act; and
(c) if the organisation is not a \*corporation on the commencement day—paragraph 10-3(1)(a) of the new Act does not apply to the approval.
(3) A reference in this section to a certificate under section 9AB of the 1954 Act includes a reference to such a certificate issued by virtue of subsection 9AC(1) of the 1954 Act in connection with an application under that subsection.