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 3   Specific information gathering requirements

16   Conditions of registration - determinations relating to membership of governing bodies

Determinations in force

(1) A determination under section 63-1E of the old Act that is in force immediately before the transition time continues in force (and may be dealt with) after the transition time as if it were a determination under section 159 of the new Act that relates to:

(a) for a determination that relates to the responsibility set out in paragraph 63-1D(2)(a) of the old Act - the condition set out in paragraph 157(2)(a) of the new Act; and

(b) for a determination that relates to the responsibility set out in paragraph 63-1D(2)(b) of the old Act - the condition set out in paragraph 157(2)(b) of the new Act.

Pending applications for determinations

(2) Subitem (3) applies in relation to an application made in accordance with section 63-1E of the old 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.

(3) The application is taken, after the transition time, to be an application made in accordance with section 159 of the new Act.