Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p3
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 3/50)
Character Range: 17037–19738

Act, which may affect amounts of subsidy payable to the provider.

3‑5  Grants
  The Commonwealth makes grants under Chapter 5 of the Aged Care Act 1997 to contribute to costs associated with:
 (a) the establishment or enhancement of *aged care services (for example, *residential care grants); or
 (c) support services related to the provision of aged care (for example, *advocacy grants).
The grants are (in most cases) payable under agreements with the recipients of the grants, and may be subject to conditions.

Division 4—Application of this Act

4‑1  Application of this Act
 (1) This Act applies in all the States and Territories.
 (2) However, this Act does not apply in any external Territory, except Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.
 (3) Despite subsection (1), Part 3.1 applies in relation to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands as if those Territories were part of Western Australia and were not Territories.
Note: This has the effect that references in Part 3.1 to a Territory do not apply to the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, and that references in that Part to a State will be relevant to Western Australia as if it included those Territories.
 (4) Despite subsection (1), Part 3.1 applies in relation to Norfolk Island as if Norfolk Island were part of New South Wales and were not a Territory.
Note: This has the effect that references in Part 3.1 to a Territory do not apply to Norfolk Island, and that references in that Part to a State will be relevant to New South Wales as if it included Norfolk Island.

4‑2  Binding the Crown
 (1) This Act binds the Crown in each of its capacities.
 (2) This Act does not make the Crown liable to be prosecuted for an offence.

Chapter 3—Subsidies

Division 40—Introduction

40‑1  What this Chapter is about

      The Commonwealth pays subsidies to approved providers for *aged care that has been provided. These subsidies are:
         • *residential care subsidy (see Part 3.1);
         • *home care subsidy (see Part 3.2);
         • *flexible care subsidy (see Part 3.3).
      A number of approvals and other decisions may need to have been made under Chapter 2 of the Aged Care Act 1997 before a particular kind of payment can be made (see section 5‑2 of that Act). For example, an approved provider can only receive subsidy for providing residential care or flexible care in respect of which a *place has been allocated. Receipt of payments under this Chapter gives rise to certain responsibilities, that are dealt with in Chapter 4 of this Act and Chapter 4 of the Aged Care Act