CTHRepealedAct
Aged Care (Consequential Provisions) Act 1997
11Continuation of notice under section 10AC
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#### 11 Continuation of notice under section 10AC
(1) If:
(a) before the commencement day, the Minister had given a notice (the original notice) to the person under subsection 10AC(1) of the 1954 Act; and
(b) as at the commencement day, the Minister had not made a decision whether to revoke the person’s approval as an approved operator (within the meaning of the 1954 Act);
the original notice is taken to be a notice under subsection 10-3(3) of the new Act.
(2) If the person had, as at the commencement day, made a submission under subsection 10AC(2) of the 1954 Act:
(a) the submission is taken to be a submission given to the Secretary within the period referred to in paragraph 10‑3(3)(b) of the new Act; and
(b) the notice required by subsection 10-3(5) of the new Act must be given to the approved provider within 28 days after the commencement day.
(3) If:
(a) the person had not, as at the commencement day, made a submission under subsection 10AC(2) of the 1954 Act; and
(b) the commencement day occurred more than 14 days after the original notice was given;
then:
(c) the person is taken not to have given a submission to the Secretary within the period referred to in paragraph 10‑3(3)(b) of the new Act; and
(d) the Secretary must give the notice required by subsection 10‑3(5) of the new Act to the person within 28 days of the commencement day.
(4) If:
(a) the person had not, as at the commencement day, made a submission under subsection 10AC(2) of the 1954 Act; and
(b) the commencement day occurred not more than 14 days after the original notice was given;
the person is taken to have been invited under paragraph 10‑3(3)(b) of the new Act to make the submission referred to in that paragraph within 28 days of the commencement day.