Document ID: chunk:federal_register_of_legislation:C2004A04483:body:0:p7
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remains in force until the period specified in the AIP expires.

  "(6) In this section:

'application period', in relation to an AIP means:

    (a)     the period of 12 months beginning immediately after the grant of the AIP; or

    (b)     if the Minister has varied the approval of the grant of the AIP under subsection (3) by extending the period referred to in subparagraph (2)(b)(i)—the extended period.

Minister may revoke an AIP at any time before an approval of grant is given

"52D.(1) The Minister may revoke an AIP in respect of a proposed nursing home if the Minister is satisfied that a condition of the AIP has not been complied with.

"(2) Before revoking the AIP, the Minister must give written notice to the holder of the AIP that:

   (a)     states that the Minister is considering revoking it; and

      (b)     sets out the condition of the AIP that, in the Minister's opinion, has not been complied with; and

   (c)     sets out the facts and reasons supporting the Minister's opinion.

"(3) The holder of the AIP may, within 14 days after receiving the notice, make a written submission to the Minister stating reasons why the AIP should not be revoked.

  "(4) The Minister may revoke the AIP if:

   (a)     the holder of the AIP did not make a submission; or

     (b)     after considering any submission made by the holder of the AIP, the Minister still thinks that a condition of the AIP has not been complied with.

"(5) The Minister must comply with any relevant principles in force under subsection (6).

"(6) The Minister may, in writing, set out principles to be complied with in deciding whether to revoke an AIP.

"(7) If the Minister revokes an AIP, the Minister must notify the person who held it accordingly.".

Insertion of new Division heading

16. Before section 53 of the Principal Act the following Division heading is inserted:

"Division 3—Approval of grant of Commonwealth benefit in respect of a newly built nursing home".

Approval of grant

17. Section 55 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1A) The Minister may refuse to approve a grant of Commonwealth benefit to an applicant unless:

   (a)     the applicant holds a current AIP; and

     (b)     the Minister is satisfied that the conditions to which the AIP is subject have been complied with.".

Certain instruments subject to disallowance

18. Section 139B of the Principal Act is amended by inserting before paragraph (1)(f) the following paragraph:

       "(eb) a setting out of principles under subsection 52B(1) or 52D(6);".

PART 5—OTHER AMENDMENTS OF THE NATIONAL HEALTH ACT 1953

Principal Act

19. In this Part, "Principal Act" means the National Health Act 1953.

Interpretation