Document ID: chunk:federal_register_of_legislation:C2024A00109:clause:2_5:p3
Version: federal_register_of_legislation:C2024A00109
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 3/3)
Character Range: 34777–36394

determination of an approved residential care home must include a determination of the total number of beds for the home, having regard to:
 (a) the total number of places allocated under section 14‑1 of the old Act to the entity which include a condition under paragraph 14‑5(3)(b) of that Act that the place is allocated in respect of an aged care service referred to in paragraph (7)(a) of this item in relation to the residential care home; and
 (b) any other matter the System Governor considers relevant.
(12) The total number of beds for an approved residential care home determined in accordance with subitem (11) is taken to be the total number of beds in relation to the approved residential care home for the purposes of paragraph 112(1)(b) of the new Act.

Suspended providers
(13) For the purposes of applying the new Act to an entity that is suspended as referred to in paragraph (1)(b) of this item:
 (a) the suspension is taken to be a suspension by the Commissioner under section 129 of the new Act; and
 (b) the period of suspension for the purposes of subsection 129(2) of the new Act is taken to end at the earlier of the following:
 (i) the end of the day (if any) specified under section 63N of the Commission Act as the day the suspension ends;
 (ii) the end of the period of 90 days beginning at the transition time.

Determinations by System Governor
(14) For the purposes of subitem (2), (3) or (6), the System Governor may, by legislative instrument and having regard to the matters referred to in that subitem, determine how that subitem applies to different kinds of registered providers.