House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Aged Care and Sport, the Hon. Anika Wells MP)

NOTES ON CLAUSES

Abbreviations and Acronyms used in this explanatory memorandum

In this Explanatory Memorandum, the following abbreviations are used:

Clause 1 - Short title

Clause 1 provides for the short title of the Act to be enacted by the Transitional Bill to be the Aged Care (Consequential and Transitional Provisions) Act 2024.

Clause 2 - Commencement

Clause 2 provides for the commencement of each provision in the Transitional Bill as set out in the table at subclause 2(1). Table item 1 provides that clauses 1-4 of the Transitional Bill commence on the day the Transitional Bill receives the Royal Assent. Table item 2 provides that Schedules 1-3 of the Transitional Bill will commence at the same time as the new Act. However, the provisions do not commence at all if the new Act does not commence. The note to subclause 2(1) clarifies that the table relates only to the provisions of the Transitional Bill as originally enacted, and will not be amended to deal with any later amendments of the Transitional Bill.

Subclause 2(2) clarifies that any information in column 3 of the table is not part of the Transitional Bill, and that information may be inserted in this column, or information in it may be edited, in any published version of the Transitional Bill.

Clause 3 - Schedules

Clause 3 provides that legislation specified in a Schedule to the Transitional Bill is amended or repealed as set out in the applicable items in the Schedule concerned, and that any other item in a Schedule to the Transitional Bill has effect according to its terms. This is a technical provision that gives operational effect to the amendments contained in each of the Schedules to this legislation.

Clause 4 - References to the Aged Care Act 1997 etc.

Clause 4 updates references to the old law in legislation in force at the time that the new Act commences to appropriate, equivalent or near equivalent references. This clause ensures that any legislation which makes references to the old law which is not yet amended can still operate as intended, subject to contrary intention.

Subclause 4(1) outlines that subclause 4(2) applies to references to the old Act or provisions of that Act, the Commission Act or provisions of that Act, and the old Transitional Provisions Act or provisions of that Act made within another Act at the transition time.

Subclause 4(2) provides that after commencement of the new Act any reference made to an Act or provision of an Act identified in subclause 4(1) is to be taken to be a reference to the new Act or the equivalent provisions of the new Act.

Subclause 4(3) provides that subclause 4(2) is subject to a contrary intention.

Subclause 4(4) outlines that this subclause 4(5) applies where, at the transition time, another Act refers to principles made under section 96-1 of the Aged Care Act 1997 or a provision of those principles.

Subclause 4(5) provides that after commencement of the new Act any reference made to a principle or provision of a principle identified in subclause 4(4) is taken to be a reference to the rules within the meaning of the new Act or an equivalent, or nearly equivalent, provision of those rules (as the case requires).

Subclause (6) provides that subsection (5) is subject to a contrary intention.