Document ID: chunk:federal_register_of_legislation:C2008A00140:clause:1_66:p1
Version: federal_register_of_legislation:C2008A00140
Segment Type: clause
Provision Reference: sch 1 cl 66 (pt 1/6)
Character Range: 21860–24632

66  At the end of Division 16
Add:

Subdivision 16‑B—Transfer of provisionally allocated places

16‑12  Application of this Subdivision

  This Subdivision applies to the transfer of a *provisionally allocated *place.

16‑13  Transfer of provisionally allocated places

 (1) A transfer of a *provisionally allocated *place from one person to another is of no effect unless it is approved by the Secretary.

 (2) The Secretary must not approve the transfer of a *provisionally allocated *place unless:
 (a) an application for the transfer is made under section 16‑14; and
 (b) the Secretary is satisfied that, because of the needs of the aged care community in the region for which the places were provisionally allocated, there are exceptional circumstances justifying the transfer; and
 (c) the Secretary is satisfied, having regard to the matters mentioned in section 16‑16, that the needs of the aged care community in the region for which the places were provisionally allocated are best met by the transfer; and
 (d) the Secretary is satisfied that the transferee will be an approved provider when the transfer is completed in respect of the *aged care service to which the places will relate after transfer; and
 (e) the location in respect of which the place is provisionally allocated will not change as a result of the transfer; and
 (f) the provisional allocation is in respect of residential care subsidy.

 (3) If the transfer is approved:
 (a) the transferee is taken, from the transfer day (see section 16‑19), to be the person to whom the *place is *provisionally allocated under this Subdivision; and
 (b) if, as part of the transfer, approval is sought for one or more variations of the conditions to which the allocation is subject under section 14‑5—the Secretary is taken to have made such variation of the conditions as is specified in the instrument of approval.

16‑14  Applications for transfer of provisionally allocated places

 (1) A person to whom a *place has been *provisionally allocated under Division 14 may apply in writing to the Secretary for approval to transfer the place to another person.

 (2) The application must:
 (a) be in a form approved by the Secretary; and
 (b) include the information referred to in subsection (3); and
 (c) be signed by the transferor and the transferee; and
 (d) set out any variation of the conditions to which the *provisional allocation is subject under section 14‑5, for which approval is being sought as part of the transfer.

 (3) The information to be included in the application is as follows:
 (a) the transferor's name;
 (b) the number of *places to be transferred;
 (c) the *aged care service to which the places currently relate, and its location;
 (d) the proposed transfer day;
 (e) the