Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:8_129
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 8 cl 129
Character Range: 183533–185233

129  Transitional—applications under Division 35 of the Aged Care Act 1997
(1) This item applies in relation to an application that is made to the Aged Care Pricing Commissioner under Division 35 of the old Aged Care Act on a particular date (the application date) if:
 (a) the application date is before the commencement day; and
 (b) the application is in a form approved by the Aged Care Pricing Commissioner for the purposes of subsection 35‑2(1) of the old Aged Care Act; and
 (c) either:
 (i) no decision on the application has been made before the commencement day; or
 (ii) a decision on the application has been made before the commencement day but notice of the decision has not been given to the applicant before that day.
(2) If no decision on the application has been made before the commencement day, then, on and after that day:
 (a) the application is taken to have been made on the application date to the Independent Health and Aged Care Pricing Authority under Division 35 of the amended Aged Care Act; and
 (b) the application is taken to be in a form approved by the Independent Health and Aged Care Pricing Authority for the purposes of subsection 35‑2(1) of the amended Aged Care Act.
(3) If a decision on the application has been made before the commencement day but notice of the decision has not been given to the applicant before that day, then, on and after that day section 35‑4 and subsection 85‑2(2) of the amended Aged Care Act apply in relation to the decision as if the decision had been made by the Independent Health and Aged Care Pricing Authority.
Note: See also item 134 of this Schedule (Things done by, or in relation to, the Aged Care Pricing Commissioner).