Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 (116 of 2019)

Schedule 4   Transitional, application, saving and other provisions

Part 3   Responsibilities of approved providers etc.

Division 1   Transitional etc. provisions relating to the imposition of sanctions on approved providers

14   Pending applications for lifting of sanctions imposed on approved providers

(1) This item applies in relation to an application made under section 68-4 of the Aged Care Act if:

(a) the application was made before the transition time; and

(b) immediately before that time, the Secretary has not made a decision on the application.

(2) The application is taken, after the transition time, to have been made to the Commissioner under section 63V of the Commission Act and may be dealt with, or may continue to be dealt with, under Division 4 of Part 7B of that Act.

(3) If, before the transition time, a thing was done in relation to the application by the Secretary under, or for the purposes of, Division 68 of the Aged Care Act, then the thing has effect, after that time, as if it had been done by the Commissioner under, or for the purposes of, Division 4 of Part 7B of the Commission Act.