Commonwealth Numbered Acts

COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1988 No. 79 of 1988 - SECT 16

16. Section 40AD of the Principal Act is amended:
(a) by omitting from subsection (1B) "the scale of fees" and substituting

"a scale of fees";

   (b)  by omitting subsection (1BA) and substituting the following
        subsection:

"(1BA) In making a decision on an application under subsection (1B) made on or
after 26 February 1988 by the proprietor of an approved nursing home (other
than a transferred home), the Secretary shall not take into account:

   (a)  any cost to the proprietor that arose before 1 July 1987, being a cost
        that was not taken into account in the determination of the scale of
        fees in force in relation to the home on 30 June 1987; or

   (b)  any part of a cost that was taken into account in the determination of
        the scale of fees in force on 30 June 1987, being a part that was not
        taken into account in the determination of that scale;
unless the circumstances are such that, in accordance with principles
formulated under subsection 40AA (7), the Secretary is satisfied that the
proprietor could not reasonably be expected to have made the application
before 26 February 1988.".