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

Schedule 2   Application, saving and transitional provisions

Part 5   Transitional provisions for Chapter 6 of the new Act

Division 3   Compliance notices and banning orders

48   Pending applications for variations or revocations of banning orders

(1) This item applies in relation to an application made in accordance with section 74GG or 74GH of the Commission Act if:

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

(b) no decision on the application had been made before the transition time.

(2) The application is taken, after the transition time, to be an application made in accordance with section 505 of the new Act.

(3) If a notice of intention in relation to the application was given in accordance with subsection 74GG(4) or 74GH(4) of the Commission Act before the transition time, the notice is taken, after the transition time:

(a) to be a notice given in accordance with subsection 505(4) of the new Act; and

(b) if the period specified in the notice in accordance with paragraph 74GG(4)(b) or 74GH(4)(b) of the Commission Act for the making of submissions in relation to the notice had not expired before the transition time - to invite, for the purposes of paragraph 505(4)(b) of the new Act, the making of submissions by the end of that period.