Federal Register of Legislation
Aged Care Amendment (2008 Measures No. 2) Act 2008
No. 140, 2008
An Act to amend the law in relation to aged care, and for related purposes
Contents 1 Short title 2 Commencement 3 Schedule(s)
Schedule 1—Amendments
Part 1—Amendments Aged Care Act 1997 Aged Care (Bond Security) Act 2006
Part 2—Application and transitional provisions
Aged Care Amendment (2008 Measures No. 2) Act 2008
No. 140, 2008
An Act to amend the law in relation to aged care, and for related purposes
[Assented to 9 December 2008]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Aged Care Amendment (2008 Measures No. 2) Act 2008.
2 Commencement
This Act commences on 1 January 2009.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Amendments
Aged Care Act 1997
1 Section 7‑1 Repeal the section, substitute:
7‑1 Pre‑conditions to receiving subsidy
Payments of subsidy cannot be made under Chapter 3 to a person for providing *aged care unless: (a) the person is approved under this Part as a provider of aged care; and (b) the approval is in force in respect of the type of aged care provided, at the time it is provided; and (c) the approval is in force in respect of the *aged care service through which the aged care is provided, at the time it is provided.
2 Subsections 8‑1(2) and (3) Repeal the subsections, substitute:
(2) The approval is in respect of: (a) either: (i) all types of *aged care; or (ii) if the approval is specified to be in respect of one or more types of aged care—that type or those types of aged care; and (b) each *aged care service in respect of which: (i) an allocation of a *place to the person in respect of the aged care service is in effect (whether because the place was originally allocated to the person or because of a transfer); or (ii) a *provisional allocation of a place to the person in respect of the aged care service is in force (whether because the place was originally allocated to the person but the allocation has not yet taken effect or because of a transfer).
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