Document ID: chunk:federal_register_of_legislation:C2008A00140:clause:1_186
Version: federal_register_of_legislation:C2008A00140
Segment Type: clause
Provision Reference: sch 1 cl 186
Character Range: 68781–70495

186  Application of amendments to existing approved providers

(1) If, immediately before the commencing day, a person is an approved provider, the approved provider amendments do not apply in relation to the person during the transition period.

(2) On the transition day, the approval of the person is taken to be in respect of:
 (a) for types of aged care:
 (i) if, immediately before the transition day, the approval was in respect of all types of aged care—all types of aged care; and
 (ii) if, immediately before the transition day, the approval was limited to a specified type or types of aged care—that type or those types of aged care; and
 (b) for aged care services:
 (i) each aged care service in respect of which an allocation of a place to the person in respect of the aged care service is in effect (whether because the place was originally allocated to the person or because of a transfer); or
 (ii) each aged care service in respect of which a provisional allocation of a place to the person in respect of the aged care service is in force (whether because the place was originally allocated to the person but the allocation has not yet taken effect or because of a transfer).

(3) The approval of the person in relation to any other service is taken to cease at the start of the transition day. However, the obligation under section 57‑21AA of the Aged Care Act 1997, inserted by the amendment made in item 102, does not apply in relation to accommodation bond balances in respect of accommodation bonds paid for entry to such a service before the transition day.

(4) In this item, the approved provider amendments are the amendments made by items 1, 24 to 26, 89 to 92, 113, 120, 121 and 123.