CTHRepealedAct
Aged Care (Consequential Provisions) Act 1997
26Applications to vary or revoke approvals in principle of hostels
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#### 26 Applications to vary or revoke approvals in principle of hostels
(1) Subject to subsection (2), if:
(a) an organisation had, before the commencement day, applied under subsection 9AB(11) or 9AC(1) of the 1954 Act for a variation of a certificate under section 9AB of the 1954 Act; and
(b) immediately before the commencement day, the certificate was still in force; and
(c) as at the commencement day, the Minister had not yet made a decision on the application;
the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 15-5 of the new Act for a variation of the \*provisional allocation that, under section 25 of this Act, is taken to have been made in respect of the certificate.
(2) If:
(a) an organisation had, before the commencement day, applied under subsection 9AB(11) of the 1954 Act for a variation of a certificate under section 9AB of the 1954 Act; and
(b) the application sought the deletion of the number of hostel places (within the meaning of the 1954 Act) or respite care places (within the meaning of the 1954 Act) specified in the certificate and the substitution of a higher number of hostel places or respite care places; and
(c) immediately before the commencement day, the certificate was still in force; and
(d) as at the commencement day, the Minister had not yet made a decision on the application;
the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 13-1 of the new Act for an allocation of \*places, of a number equal to the increase in the number of hostel places or respite care places that was sought, in respect of \*residential care subsidy.
(3) For the purposes of the new Act, the application referred to in subsection (2) is taken to be a valid application that meets all the requirements of section 13-1 of the new Act.
(4) If:
(a) an organisation had, before the commencement day, applied under subsection 9AB(16) or 9AC(1) of the 1954 Act for revocation of a certificate under section 9AB of the 1954 Act; and
(b) immediately before the commencement day, the certificate was still in force; and
(c) as at the commencement day, the Minister had not revoked the certificate;
the application is taken, for the purposes of the new Act, to be a notice in writing under section 15-6 of the new Act, given to the Secretary on the commencement day, surrendering the \*provisional allocation that, under section 25 of this Act, is taken to have been made in respect of the certificate.
(5) 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.