Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p12
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 30400–33098

receiving' has the meaning given in subsection (4);

'notified day for completion of sale', in relation to a nursing home that is being sold, means the day on which, according to:

    (a)     any notice given under the Act by the vendor to the Secretary; or

    (b)     if the vendor has not given notice—any notice given under the Act by the purchaser to the Secretary; or

    (c)     if neither the vendor nor the purchaser has given notice—the information (if any) received by the Secretary;

the sale of the nursing home is to be completed;

'notional scale of fees' has the meaning given by subsection 46(1);

'overpayment', in relation to Commonwealth benefit, has the meaning given by section 46B;

'overpayment outstanding' has the meaning given by section 65K;

'purchase of an approved nursing home' has the meaning given by subsection (2);

'purchaser payment', in relation to an approved nursing home that is being sold, means an amount paid by the purchaser of the nursing home in answer to a direction given under section 65H or 65J;

'purchase price', in relation to an approved nursing home that is being sold, means:

    (a)     the amount of money (if any) paid by the purchaser for the transfer of the ownership of the business or undertaking carried out at the nursing home to him or her; or

  (b)    if the vendor is also selling real or personal property used:

         (i) to accommodate the business or undertaking carried out at the nursing home; or

(ii) in the operation of the business or undertaking; the sum of the amount of money that the purchaser pays for that property and of the amount referred to in paragraph (a);

'sale of an approved nursing home' has the meaning given by subsection (3);

'second investigation', in relation to an approved nursing home that is being sold, means the investigation carried out under paragraph 65C(1)(d);

'second investigation period', in relation to an approved nursing home that is being sold, means the period referred to in paragraph 65C(1)(d);

'vendor', in relation to an approved nursing home that is being, or has been, sold, means the proprietor of the nursing home immediately before the sale;

'vendor payment', in relation to an overpayment outstanding in respect of an approved nursing home, means an amount paid by the vendor to the Commonwealth under section 65K.

"(2) A purchase of an approved nursing home occurs when the ownership of the business or undertaking carried out at the nursing home is transferred from one person to another person whether or not that transfer results from the payment of an amount of money.

"(3) A sale of an approved nursing home is the transfer of the ownership of the