Document ID: chunk:federal_register_of_legislation:C2024A00104:section:99
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 99
Character Range: 208817–210976

99  Conditions that apply to an allocated place
 (1) A place allocated by the System Governor to an entity under subsection 95(1) is subject to the following conditions:
 (a) the place must only be used by the entity once the entity has become a registered provider and the entity's registration is in effect and covers any funded aged care service delivered under the place;
 (b) the place must only be used by the entity to deliver a funded aged care service to an individual when the place is in effect;
 (c) the place must only be used by the entity to deliver a funded aged care service to an individual with an access approval in effect that:
 (i) for the Transition Care Program—includes the classification type hospital transition for the service group in which the service is included and for which the place is allocated; or
 (ii) for the Multi‑Purpose Service Program—includes the classification type ongoing or short‑term for the service group in which the service is included and for which the place is allocated;
 (d) the place must only be used by the entity to deliver a funded aged care service to an individual in the State or Territory for which the place was allocated (if applicable);
 (e) any conditions determined by the System Governor under subsection (2);
 (f) any condition prescribed by the rules.
 (2) The System Governor may determine, in accordance with any requirements prescribed by the rules, that an allocation of a place is subject to such conditions as specified by written notice given to the entity.
 (3) The notice under subsection (2) may be given:
 (a) on the day the System Governor gives notice of a decision, under subsection 95(1) to allocate the place; or
 (b) on a later day.
 (4) A determination by the System Governor that an allocation of a place to an entity is subject to such conditions as specified by a notice under subsection (2) takes effect:
 (a) on the day the notice is given to the registered provider; or
 (b) if the System Governor specifies a later day in the notice as the day the determination takes effect—that day.
 (5) A notice given under subsection (2) is not a legislative instrument.