Aged Care (Consequential and Transitional Provisions) Act 2024 (109 of 2024)

Schedule 2   Application, saving and transitional provisions

Part 3   Transitional provisions for Chapter 3 of the new Act

Division 1   Provider registration

9   Pending applications for approval as a provider

(1) An application made by a person in accordance with section 63B of the Commission Act for which the Commissioner had not made a decision on the application before the transition time is taken, after that time, to be an application made by the person in accordance with section 104 of the new Act.

(2) For the purposes of subitem (1):

(a) any request, made under subsection 63C(1) of the Commission Act for further information in relation to the application, and for which the period for giving the further information had not ended before the transition time, is taken to be a request made under subsection 588(1) of the new Act; and

(b) the period within which any such further information is required to be given under subsection 588(2) of the new Act is taken to be the period referred to in paragraph (a) of this subitem; and

(c) the period within which the decision on the application must be made under subsection 105(2) of the new Act is taken to be the period within which a decision was required to be made under subsection 63D(1) of the Commission Act.