Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p13
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 32879–35575

nursing home is transferred from one person to another person whether or not that transfer results from the payment of an amount of money.

"(3) A sale of an approved nursing home is the transfer of the ownership of the business or undertaking carried out at the nursing home from one person to another person whether or not that transfer occurs as the result of the payment of an amount of money.

  "(4) For the purposes of this Part, if:

    (a)     a proprietor of an approved nursing home has, before the commencement of this Act, received an amount of Commonwealth benefit in respect of the provision of nursing home care to an approved nursing home patient on a day; and

    (b)     a reconciliation of the actual and estimated expenditure by the proprietor in respect of the provision of that care has been done in accordance with principles formulated under subsection 40AA(7); and

    (c)     on the basis of the reconciliation it appears that the proprietor should have been entitled to receive, in respect of the provision of that care, an amount of Commonwealth benefit that is higher than the amount received by the proprietor;

the proprietor has missed out on receiving the difference between that higher amount and the amount received by the proprietor.

"(5) A reference in this Part to an investigation to be carried out in respect of an approved nursing home is a reference to an investigation of such of the accounts, books, documents or other records relevant to the operation of the nursing home as the Secretary thinks appropriate.

"Division 2—Requirements on sale of approved nursing home

Vendor must give notice of sale of approved nursing home

"65A.(1) The vendor of an approved nursing home who enters into a contract to sell the nursing home must, before the day of completion of the sale, give the Minister notice, in writing, of the following matters:

  (a)     the name and address of the nursing home;

  (b)     the name and address of the other party to the contract;

  (c)     the proposed day and time of completion of the sale;

  (d)     the address at which completion will take place.

Penalty: $20,000.

  "(2) The vendor must not complete the sale within:

  (a)     90 days of giving notice; or

    (b)     such lesser period as the Secretary may determine at the request of the vendor.

Penalty: $20,000.

"(3) If the Secretary determines a period of less than 90 days, he or she must notify the vendor, in writing, of that lesser period.

  "(4) If:

  (a)     the vendor has given notice under subsection (1); and

(b)     the particulars referred to in paragraphs (1)(c) or (d) change; the vendor must give the Secretary notice in writing