46Suspensions under 1953 Act from making classifications to continue under new Act

#### 46 Suspensions under 1953 Act from making classifications to continue under new Act (1) If, immediately before the commencement day, a determination under subsection 40AFG(2) of the 1953 Act is in force that: (a) specifies that section 40AFD of the 1953 Act does not apply in relation to a particular proprietor (within the meaning of the 1953 Act); and (b) nominates the person or body who is to make applications for the purposes of that section in the place of that nursing home proprietor; the Secretary is to be taken: (c) to have suspended the proprietor under section 25-4 of the new Act from making assessments; and (d) to have authorised the nominated person or body under section 25-5 of the new Act to make assessments of care recipients to whom care is provided by the approved provider who was, immediately before the commencement of the new Act, the proprietor referred to in paragraph (a). (2) For the purposes of the new Act, the suspension is taken: (a) to have had effect from the commencement day; and (b) to cease to have effect: (i) at the end of the period specified in the determination under section 40AFG(2) of the 1953 Act; or (ii) if the determination is set aside by the Minister under section 40AFH of the 1953 Act, on the day from which the determination is, or is taken to be, set aside. (3) A reference in this section to a determination under subsection 40AFG(2) of the 1953 Act includes a reference to a determination substituted for such a determination under paragraph 40AFH(2)(c) of the 1953 Act.