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Aged Care (Living Longer Living Better) Act 2013
96‑1 Aged Care (Transitional Provisions)96‑1 Aged Care (Transitional Provisions) Principles
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#### 96‑1 Aged Care (Transitional Provisions) Principles
The Minister may, by legislative instrument, make Aged Care (Transitional Provisions) Principles providing for matters:
(a) required or permitted by this Act to be provided; or
(b) necessary or convenient to be provided in order to carry out or give effect to this Act.
169 Subsections 96‑2(5) and (6)
Repeal the subsections.
170 Section 96‑3
Repeal the section.
171 Section 96‑4 (note)
Omit “Chapter 4”, substitute “Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997”.
172 Section 96‑5 (note)
Omit “, \*accommodation charge agreements, \*home care agreements, \*extra service agreements and \*resident agreements”, substitute “and accommodation charge agreements”.
173 Sections 96‑8, 96‑9 and 96‑10
Repeal the sections.
174 Clause 1 of Schedule 1 (definition of accommodation bond)
Repeal the definition, substitute:
> accommodation bond has the same meaning as in the Aged Care Act 1997.
175 Clause 1 of Schedule 1 (definition of accommodation bond balance)
Repeal the definition, substitute:
> accommodation bond balance has the same meaning as in the Aged Care Act 1997.
176 Clause 1 of Schedule 1 (definition of accommodation charge)
Repeal the definition, substitute:
> accommodation charge has the same meaning as in the Aged Care Act 1997.
177 Clause 1 of Schedule 1 (definition of accreditation requirement)
Repeal the definition, substitute:
> accreditation requirement has the same meaning as in the Aged Care Act 1997.
178 Clause 1 of Schedule 1 (definition of advocacy grant)
Repeal the definition.
179 Clause 1 of Schedule 1 (definitions of Aged Care Commissioner and Aged Care Pricing Commissioner)
Repeal the definitions.
180 Clause 1 of Schedule 1 (definition of approved provider)
Repeal the definition, substitute:
> approved provider has the same meaning as in the Aged Care Act 1997.
181 Clause 1 of Schedule 1 (definition of authorised officer)
Repeal the definition.
182 Clause 1 of Schedule 1 (definition of available for allocation)
Repeal the definition.
183 Clause 1 of Schedule 1 (definition of capital expenditure)
Repeal the definition.
184 Clause 1 of Schedule 1 (definition of capital works costs)
Repeal the definition.
185 Clause 1 of Schedule 1 (definition of certified)
Repeal the definition, substitute:
> certified has the same meaning as in the Aged Care Act 1997.
186 Clause 1 of Schedule 1 (definition of classification level)
Repeal the definition, substitute:
> classification level has the same meaning as in the Aged Care Act 1997.
187 Clause 1 of Schedule 1 (definition of community visitors grant)
Repeal the definition.
188 Clause 1 of Schedule 1
Insert:
> continuing care recipient has the same meaning as in the Aged Care Act 1997.
189 Clause 1 of Schedule 1 (definition of corporation)
Repeal the definition.
190 Clause 1 of Schedule 1 (definition of disqualified individual)
Repeal the definition.
191 Clause 1 of Schedule 1 (definition of distinct part)
Repeal the definition, substitute:
> distinct part has the same meaning as in the Aged Care Act 1997.
192 Clause 1 of Schedule 1 (definitions of entry contribution balance and expiry date)
Repeal the definitions.
193 Clause 1 of Schedule 1 (definition of extra service agreement)
Repeal the definition, substitute:
> extra service agreement has the same meaning as in the Aged Care Act 1997.
194 Clause 1 of Schedule 1 (definition of extra service place)
Repeal the definition, substitute:
> extra service place has the same meaning as in the Aged Care Act 1997.
195 Clause 1 of Schedule 1 (definition of extra service status)
Repeal the definition, substitute:
> extra service status has the same meaning as in the Aged Care Act 1997.
196 Clause 1 of Schedule 1 (definition of formal agreement)
Repeal the definition.
197 Clause 1 of Schedule 1 (definition of high level of residential care)
Omit “Classification”, substitute “Aged Care (Transitional Provisions)”.
198 Clause 1 of Schedule 1 (definition of home care agreement)
Repeal the definition, substitute:
> home care agreement has the same meaning as in the Aged Care Act 1997.
199 Clause 1 of Schedule 1 (definition of key personnel)
Repeal the definition.
200 Clause 1 of Schedule 1 (definition of lowest applicable classification level)
Repeal the definition, substitute:
> lowest applicable classification level has the same meaning as in the Aged Care Act 1997.
201 Clause 1 of Schedule 1 (definition of low level of residential care)
Omit “Classification”, substitute “Aged Care (Transitional Provisions)”.
202 Clause 1 of Schedule 1 (definitions of Military Rehabilitation and Compensation Commission, monitoring powers and operator)
Repeal the definitions.
203 Clause 1 of Schedule 1 (definition of people with special needs)
Repeal the definition, substitute:
> people with special needs has the same meaning as in the Aged Care Act 1997.
204 Clause 1 of Schedule 1 (definition of permitted)
Repeal the definition, substitute:
> permitted has the same meaning as in the Aged Care Act 1997.
205 Clause 1 of Schedule 1 (definition of personal information)
Repeal the definition.
206 Clause 1 of Schedule 1 (definition of pre‑allocation lump sum)
Repeal the definition.
207 Clause 1 of Schedule 1 (definition of protected information)
Repeal the definition.
208 Clause 1 of Schedule 1 (definition of provisional allocation)
Repeal the definition, substitute:
> provisional allocation has the same meaning as in the Aged Care Act 1997.
209 Clause 1 of Schedule 1 (definitions of provisional allocation period, provisionally allocated, recoverable amount, region and relinquish)
Repeal the definitions.
210 Clause 1 of Schedule 1 (definition of reportable assault)
Repeal the definition.
211 Clause 1 of Schedule 1 (definition of resident agreement)
Repeal the definition, substitute:
> resident agreement has the same meaning as in the Aged Care Act 1997.
212 Clause 1 of Schedule 1 (definition of residential care grant)
Repeal the definition.
213 Clause 1 of Schedule 1 (definition of section 67‑5 notice time)
Repeal the definition.
214 Clause 1 of Schedule 1 (definitions of unregulated lump sum and unregulated lump sum balance)
Repeal the definitions.
Part 3—Transitional and savings provisions
215 Definitions
In this Part:
first commencement time means the time when Part 1 of this Schedule commences.
second commencement time means the time when this Part commences.
216 Instruments under the Aged Care Act 1997
(1) This item applies if:
(a) an instrument made under a provision of the Aged Care Act 1997 was in force immediately before the first commencement time; and
(b) immediately after the second commencement time, there is a corresponding provision in the Aged Care (Transitional Provisions) Act 1997.
(2) Without limiting its effect apart from this item, the instrument is also taken, after the second commencement time, to have been made under the corresponding provision.
217 Applications, requests and other processes begun under the Aged Care Act 1997
(1) This item applies if:
(a) a process begun (including by application or request) under a provision of the Aged Care Act 1997 before the first commencement time was not completed by that time; and
(b) immediately after the second commencement time, there is a corresponding provision in the Aged Care (Transitional Provisions) Act 1997.
(2) Without limiting its effect apart from this item, the process is also taken, after the second commencement time, to have been begun under the corresponding provision.