Document ID: chunk:federal_register_of_legislation:C2004A04495:body:0:p9
Version: federal_register_of_legislation:C2004A04495
Segment Type: other
Provision Reference: 
Character Range: 21761–24438

the Minister is of the opinion that a condition of the AIP has not been complied with.

"(2) Before the Minister revokes the AIP, he or she 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 the Minister thinks 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 then 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, in exercising powers under subsection (4), must comply with any relevant principles in force under subsection (6).

"(6) The Minister may set out in writing principles to be complied with in respect to his or her powers under subsection (4).

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

  "(8) The Minister may revoke an AIP before it expires.

"Division 3—Approval of grant of Commonwealth benefit in respect of upgraded nursing homes

Application for Commonwealth benefit

"58CC. If the proprietor of an eligible nursing home holds a current AIP he or she may apply, in writing, to the Minister for the grant of a Commonwealth benefit in respect of the upgrading of the nursing home.

Principles applicable for grant of Commonwealth benefit

"58CD. The Minister must set out in writing principles for determining the amount of a grant of Commonwealth benefit.

Approval of grant

"58CE.(1) Subject to subsection (2), on receiving an application under section 58CC for the grant of a Commonwealth benefit in respect of the upgrading of a nursing home, the Minister may, in accordance with the principles, approve the grant of a Commonwealth benefit to the applicant.

"(2) The Minister must not approve the grant of a benefit to an applicant unless the applicant declares in writing that the condition of the AIP referred to in subparagraph 58CA(2)(c)(ii) has been complied with.

   Note: The condition requires that the upgrading work on the home be completed and paid for before the persons applies for a grant under section 58CC.

  "(3) The approval of the Minister must be in writing and set out:

  (a)     the total amount of the grant; and

  (b)     the rate at which the benefit will be paid; and

  (c)