Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p11
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 25859–30630

for disabled people' see subsection 4(1).
Note 2: For the meaning of 'Government nursing home' see subsection 4(1).

"(2) If the vendor is selling the business or undertaking carried on at the nursing home to different purchasers, this Part applies to each of those sales as if each was a sale of an approved nursing home.

"(3) This Part does not apply if the contract of sale of an approved nursing home was entered into before this Part commenced.

  "(4) This Part operates as follows:

    (a)     notice of sale must be given in accordance with sections 65A and 65B;

  (b)     then:

OPERATION OF PART
Notice given                                                                                                                                   Requirements on sale— Division 2 sections that apply  Payment of certain moneys to the Commonwealth— Division 3 sections that apply
If the Secretary receives 90 days or more notice of sale of nursing home and it is sold on or after the notified day for completion of sale    Section 65C                                           Section 65H (direction to purchaser)
                                                                                                                                               Section 65D                                           Subsections 65K(1), (5) and (6)
                                                                                                                                               Section 65E                                           (overpayment outstanding)
                                                                                                                                                                                                     Section 65Q
                                                                                                                                                                                                     Section 65R
                                                                                                                                                                                                     Section 65S
If the Secretary receives less than 90 days notice of sale of nursing home and it is sold on or after the notified day for completion of sale  Section 65F                                           Section 65J (direction to purchaser)
                                                                                                                                                                                                     Subsections 65K(1), (3) and (4)
                                                                                                                                                                                                     Section 65N
                                                                                                                                                                                                     Section 65P
If the Secretary does not become aware of sale until afterwards or it is sold before the notified day for completion of sale                   Section 65G                                           Subsections 65K(1) and (2)
                                                                                                                                                                                                     Section 65M

Interpretation

  "65.(1) In this Part, unless the contrary intention appears:

'business or undertaking', in relation to an approved nursing home, means the right to operate all of the beds determined under paragraph 40AA(6)(a) as the number of approved beds in relation to the nursing home;

'Commonwealth benefit' has the meaning given by subsection 46(1);

'fee-determining benefit' means an amount of Commonwealth benefit that may, in accordance with the principles formulated under subsection 40AA(7), be taken into account to reduce or increase fees (as the case may be) when determining a scale of fees in respect of the nursing home;

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

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

'investigation to be carried out' has the meaning given by subsection (5);

'missed out on 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