41Person admitted to nursing home before commencement day but no classification in force on that day

#### 41 Person admitted to nursing home before commencement day but no classification in force on that day (1) Subject to this section and to section 42, if: (a) a person was admitted to an approved nursing home before the commencement day; and (b) immediately before the commencement day, section 40AFA of the 1953 Act applied to the person; and (c) immediately before the commencement day, no determination under subsection 40AFA(5) of the 1953 Act was in force in relation to the person; then: (d) sections 40AFA, 40AFD and 40AFDA of the 1953 Act (including any determinations under subsection 40AFA(3)) continue to apply in relation to the person as if they had not been repealed; and (e) any determination made after the commencement day under subsection 40AFA(5) in respect of the person continues in force as if section 40AFA of the 1953 Act had not been repealed. (2) If the proprietor (within the meaning of the 1953 Act) of the approved nursing home to which the person was admitted had not, as at the commencement day: (a) made an application under subsection 40AFC(1) of the 1953 Act in respect of the person; or (b) made an application under subsection 40AFD(1) or (2) of the 1953 Act in respect of the person; the proprietor may, within 3 months of the commencement day, make an application under subsection 40AFD(1) of the 1953 Act in respect of the person. (3) If the proprietor does not make the application within that period, the Secretary is taken to have made a determination under subsection 40AFA(5) of the 1953 Act giving the person the lowest classification.