Document ID: chunk:federal_register_of_legislation:C2024A00104:section:602:p2
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 602 (pt 2/3)
Character Range: 854887–857678

including classes of individuals (transitional cohorts) identified by reference to the individual being approved as a recipient of a kind of care under any of the following as in force or existing immediately before the commencement of this section:
 (a) the Aged Care Act 1997;
 (b) the Aged Care (Transitional Provisions) Act 1997;
 (c) the program manual for the Commonwealth Home Support Program or the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.
 (7B) Without limiting subsection (1), the rules may prescribe the following:
 (a) arrangements for individuals in a transitional cohort to elect to cease to be included in the cohort;
 (b) circumstances in which an individual will cease to be included in a transitional cohort.

Rules about former registered providers
 (8) Without limiting subsection (1), the rules may provide that a provision of this Act continues to apply in relation to an entity that has ceased to be a registered provider in circumstances prescribed by the rules.

Constitutional limits for rules made for the purposes of subsidy calculations
 (9) Rules made for the purposes of a provision of Division 1, 2 or 3 of Part 2 of Chapter 4 that affect the amount of subsidy payable under that Division must:
 (a) be with respect to implementing Australia's international obligations under Articles 4, 19, 20, 25 and 26 of the Convention on the Rights of Persons with Disabilities; or
 (b) be with respect to implementing Australia's international obligations under Articles 2 and 12(2) of the International Covenant on Economic, Social and Cultural Rights; or
 (c) be with respect to the provision of be a right or benefit conferred upon Aboriginal or Torres Strait Islander persons.
 (10) Rules made for the purposes of a provision of Division 4 of Part 2 of Chapter 4 that affect the amount of subsidy payable under that Division must:
 (a) be with respect to the provision of sickness and hospital benefits within the meaning of paragraph 51(xxiiiA) of the Constitution; or
 (b) be with respect to implementing Australia's international obligations under Articles 2 and 12(2) of the International Covenant on Economic, Social and Cultural Rights; or
 (c) be with respect to the provision of a right or benefit conferred upon Aboriginal or Torres Strait Islander persons.
 (11) Rules made for the purposes of a provision of Division 5 of Part 2 of Chapter 4 that affect the amount of subsidy payable under that Division must:
 (a) be with respect to implementing Australia's international obligations under Articles 4, 19, 20, 25 and 26 of the Convention on the Rights of Persons with Disabilities; or
 (b) be with respect to implementing Australia's international obligations under Articles 2 and 12(2) of the International Covenant on