Aged Care (Consequential Provisions) Act 1997
75Determinations that Commonwealth benefit payable is not payable
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75 Determinations that Commonwealth benefit payable is not payable
(1) If: (a) immediately before the commencement day, a determination under subsection 45E(2) of the 1953 Act was in force; and (b) the determination was a determination to the proprietor (within the meaning of the 1953 Act) of an approved nursing home that Commonwealth benefit is not payable to the proprietor in respect of a patient admitted to the nursing home after the making of the determination; for the purposes of the new Act, the determination is taken to be a sanction that: (c) is imposed under subparagraph 66‑1(c)(ii) of the new Act, on the commencement day, on the *approved provider conducting the *residential care service that corresponds to the nursing home; and (d) restricts that approved provider’s approval as a provider of *aged care services to care recipients to whom the approved provider *provided care before the making of the determination. (2) The sanction period for that sanction under section 68-2 of the new Act: (a) begins on the commencement day; and (b) ends on the day the Secretary lifts the sanction under section 68-3 of the new Act.