Document ID: chunk:federal_register_of_legislation:C2004A04483:body:0:p6
Version: federal_register_of_legislation:C2004A04483
Segment Type: other
Provision Reference: 
Character Range: 12973–15698

approved by the Minister; and

    (b)     be accompanied by such further information and documents (if any) as the Minister, in writing, requests the person to provide.

Principles applicable to the grant of an approval-in-principle

"52B.(1) The Minister must set out, in writing, principles in accordance with which an AIP may be granted.

"(2) Without limiting the matters to which the principles may refer, the principles must require the Minister to take into account, in deciding whether to grant the AIP to the person:

   (a)     the matters listed in paragraphs 54(2)(a), (b) and (c); and

     (b)     whether any grant for capital works costs in respect of the proposed nursing home has been made by the Commonwealth; and

     (c)     whether there is in force, in respect of the proposed nursing home, a certificate granted under section 39A or 39B.

"(3) The principles may state circumstances in which the Minister must not approve the grant of an AIP in respect of a nursing home that a person is building, or proposes to build, unless there is in force, in respect of the proposed nursing home, a certificate granted under section 39A or 39B.

"(4) The principles may set out circumstances in which the funding of certain proposed nursing homes is to be given a higher or lower priority than the funding of other proposed nursing homes.

Grant of an approval-in-principle

"52C.(1) Upon receiving an application under section 52A, the Minister may, in writing, in accordance with principles set out under section 52B, approve the grant of an AIP to the applicant.

  "(2) The Minister's approval must:

    (a)     set out the conditions to which the grant of the AIP is subject; and

  (b)     state that if:

         (i) within the application period, the applicant becomes eligible to apply under section 53 for a grant of Commonwealth benefit in respect of a newly built nursing home; and

      (ii) the applicant so applies; and

         (iii) the applicant has complied with the conditions (if any) set out in the AIP;

     the application for a grant of Commonwealth benefit will not be refused.

"(3) If the holder of an AIP applies in writing, the Minister may vary the approval by extending the period referred to in subparagraph (2)(b)(i).

"(4) The Minister must revoke an AIP if the holder of the AIP applies, in writing, to the Minister for the AIP to be revoked.

"(5) An AIP comes into force on the day on which the Minister approves it and 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