Aged Care and Other Legislation Amendment Act 2025 (45 of 2025)

Schedule 2   Amendment of the Aged Care (Consequential and Transitional Provisions) Act 2024

Part 4   Modification of operation of Commonwealth aged care system during first 12 months

Aged Care (Consequential and Transitional Provisions) Act 2024

30   In the appropriate position

Insert:

Schedule 6 - Modification of operation of Commonwealth aged care system during first 12 months

1 Definitions

In this Schedule:

modify the operation of the provisions of an Act or instrument includes modify that operation by notionally adding, omitting or substituting text.

Note: Examples of modifying the operation of the provisions of an Act or instrument by notionally adding, omitting or substituting text include notionally adding, omitting or substituting:

(a) words in a provision; or

(b) part of a provision; or

(c) a whole provision; or

(d) a series or group of provisions.

new Act means the Aged Care Act 2024.

old law means any of the following laws:

(a) the Aged Care Act 1997;

(b) the Aged Care Quality and Safety Commission Act 2018;

(c) the Aged Care (Transitional Provisions) Act 1997;

(d) an instrument made under any of those Acts.

transition time means the time the new Act commences.

2 Modification of operation of Commonwealth aged care system during first 12 months

(1) If the Minister is satisfied that it is necessary or appropriate to do so, the Minister may, by legislative instrument, make rules that alter the operation of any aspect of the Commonwealth aged care system by:

(a) modifying the operation of the provisions of the new Act, this Act (other than this Schedule) or any other Act or instrument; or

(b) saving (with or without modifications) specified provisions of the old law.

Example 1: The rules may, before the transition time, modify the operation of the provisions of the old law if the Minister is satisfied that it is necessary or appropriate to do so to facilitate the commencement of the new Act or this Act.

Example 2: The rules may modify the operation of a provision of the new Act so as to make it amenable to automation.

Examples 3: The rules may modify the operation of the provisions of the new Act, this Act or any other Act or instrument in relation to the interaction between subsidies payable to a provider and the balance (if any) of an individual's home care account (within the meaning of the new Act).

Example 4: The rules may save provisions of the old law that provide for subsidy under the old law.

(2) Without limiting paragraph (1)(a), modifications made by the rules may be expressed to apply:

(a) generally; or

(b) in relation to a specified person or class of persons.

(3) Without limiting subitem (1), the rules may include application, saving or transitional provisions relating to any modifications or savings made by those rules.

Expiry of rules

(4) Rules made under subitem (1) are repealed:

(a) at the end of the period of 12 months beginning on the day after the rules are made; or

(b) if the rules specify an earlier time - at the specified earlier time.

Time limit on making rules

(5) Rules must not be made under subitem (1) after the end of the period of 12 monthsbeginning on the day this subitem commences.

Retrospective effect of rules

(6) Despite subsection 12(2) of the Legislation Act 2003 and subject to subitem (7), rules made under subitem (1) may be expressed to take effect from a date before the rules are registered under that Act.

(7) If:

(a) rules made under subitem (1) are expressed to take effect from a date before the rules are registered under the Legislation Act 2003; and

(b) a person engaged in conduct before the registration date; and

(c) but for the retrospective effect of the rules, the conduct would not have contravened a provision of an Act;

then a court must not convict the person of an offence, or order the person to pay a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of that Act.

Relationship with other provisions

(8) Neither of the following limit the rules that may be made under subitem (1):

(a) section 602 of the new Act;

(b) anything in this Act.

Review by Senate Committee

(9) The Senate Community Affairs Legislation Committee, or such other committee constituted under a resolution of the Senate, may:

(a) begin a review of any rules made under subitem (1) within 3 months after the day the rules are tabled in the Senate; and

(b) report the Committee's findings to the Senate as soon as practicable after completing each review.