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

Schedule 4   Transitional, application, saving and other provisions

Part 2   Approval of providers of aged care

7   Saving of notices relating to revocation of approval as a provider of aged care

(1) This item applies in relation to a notice of the following kind if, immediately before the transition time, the notice has not taken effect:

(a) a notice (the decision notice ) given by the Secretary under subsection 10-3(5) of the Aged Care Act that notifies a person of the Secretary's decision (the revocation decision ) to revoke, under subsection 10-3(1) of that Act, the person's approval as a provider of aged care;

(b) a notice (the limitation notice ) given by the Secretary to that person under paragraph 10-3(7)(a) of that Act;

(c) a notice (the revocation notice ) given by the Secretary to that person under paragraph 10-3(7)(b) of that Act.

(2) Despite the repeal of section 10-3 of the Aged Care Act by Schedule 1 to this Act:

(a) the decision notice continues to have effect, after the transition time, as if it were a notice given by the Commissioner under subsection 63L(1) of the Commission Act; and

(b) the limitation notice continues to have effect, after that time, as if it were a notice given by the Commissioner under subsection 63L(5) of the Commission Act; and

(c) the revocation notice continues to have effect, after that time, as if it were a notice given by the Commissioner under subsection 63L(2) of the Commission Act.

(3) Section 63L of the Commission Act applies, after the transition time, in relation to the revocation decision, as if it were a decision of the Commissioner to revoke, under section 63J of that Act, the person's approval as a provider of aged care.