72Formal agreements between hostel operators and residents

#### 72 Formal agreements between hostel operators and residents (1) Subject to this section, if: (a) immediately before the commencement day, a formal agreement (within the meaning of the Community Aged Care Services General Conditions formulated under section 10GI of the 1954 Act) was in force; and (b) the formal agreement was entered into between an eligible person (within the meaning of the 1954 Act) and an approved provider (within the meaning of the 1954 Act) of a community aged care service; for the purposes of paragraph 56-2(e) of the new Act, the formal agreement is taken to be a \*community care agreement that: (c) the \*approved provider conducting the \*community care service that corresponds to the community aged care service had, on the commencement day, offered to enter into with the eligible person; and (d) the \*approved provider and the eligible person had entered into on the commencement day. (2) If: (a) ongoing fees are payable under the formal agreement by the person for the provision of care; and (b) the amount of ongoing fees payable in respect of the commencement day or a subsequent day would exceed the amount of the community care fee that may be charged under paragraph 60-1(a) of the new Act in respect of that day; the amount of the community care fee that may be charged under that paragraph in respect of that day is an amount not exceeding the amount of ongoing fees payable in respect of that day.