Commonwealth Numbered Acts

COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1988 No. 155 of 1988 - SECT 40

40. Section 27 of the Principal Act is repealed and the following section is
substituted:

"27. After section 49 of the Principal Act the following section is inserted:
Respite Care
'49AA. (1) The Governor-General may make regulations providing for the
formulation, implementation and regulation of a scheme providing for respite
care in approved nursing homes.
'(2) Regulations made for the purpose of subsection (1) may provide that a
specified provision of this Act does not apply, or applies with prescribed
modifications, in relation to a scheme referred to in subsection (1).
'(3) The power conferred by subsection (2) to make modifications by regulation
includes the power to omit any matter or add any new matter.
'(4) The power to make regulations conferred by subsection (1) shall not be
taken not to include the power to make provision in relation to a matter by
reason only of the fact that a provision is made by this Act in relation to
that matter or another matter.
'(5) Where regulations made for the purposes of subsection (1) are
inconsistent with a provision of this Act that relates to the subject-matter
of the regulations, the regulations shall prevail and that provision shall, to
the extent of the inconsistency, be of no effect.'.".