Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Amendments commencing on 1 August 2013
A New Tax System (Goods and Services Tax) Act 1999
1 Section 38 - 30 (heading)
Omit " Community ", substitute " Home ".
2 Subsection 38 - 30(1)
Omit " * community care is GST - free if community care", substitute " * home care is GST - free if home care".
3 Subsection 38 - 30(3)
Omit " * community care", substitute " * home care".
4 Section 195 - 1 (definition of community care )
Repeal the definition.
5 Section 195 - 1
Insert:
"home care" has the meaning given by section 45 - 3 of the Aged Care Act 1997 .
National Disability Insurance Scheme Act 2013
5A Section 9 (definition of community care )
Repeal the definition.
5B Section 9
Insert:
"home care" has the same meaning as in the Aged Care Act 1997 .
5C Paragraph 29(1)(b)
Omit "community", substitute "home".
5D Subsection 29(1) (note)
Omit " community ", substitute " home ".
Part 2 -- Amendments commencing on 1 July 2014
A New Tax System (Goods and Services Tax) Act 1999
6 Subsection 38 - 30(1)
Omit " Part 3 - 2 of the Aged Care Act 1997 ", substitute " Part 3.2 of the Aged Care Act 1997 or Part 3.2 of the Aged Care (Transitional Provisions) Act 1997 ".
7 Section 38 - 35
After "that Act", insert "or Part 3.3 of the Aged Care (Transitional Provisions) Act 1997 ".
Health and Other Services (Compensation) Act 1995
8 Subsection 3(1) (definition of residential care subsidy )
Repeal the definition, substitute:
"residential care subsidy" has the same meaning as in:
(a) in relation to residential care under the Aged Care Act 1997 --the Aged Care Act 1997 ; and
(b) in relation to residential care under the Aged Care (Transitional Provisions) Act 1997 --the Aged Care (Transitional Provisions) Act 1997 .
9 Subsection 9(2A)
After " 1997 ", insert "and Part 3.1 of the Aged Care (Transitional Provisions) Act 1997 ".
10 Paragraph 42(1)(f)
Repeal the paragraph, substitute:
(f) whether the Secretary should make a determination under:
(i) subsection 44 - 20(5) or (6) or 48 - 5(5) or (6) of the Aged Care Act 1997 ; or
(ii) subsection 44 - 20(5) or (6) of the Aged Care (Transitional Provisions) Act 1997 .
Human Services (Medicare) Act 1973
11 After subparagraph 41G(a)(iv)
Insert:
(iva) the Aged Care (Transitional Provisions) Act 1997 ; or
12 Subsection 4(9)
Omit all the words after "the person is", substitute:
eligible for:
(a) a respite supplement in respect of that day under the Subsidy Principles made for the purposes of subparagraph 44 - 5(1)(a)(i) of the Aged Care Act 1997 ; or
(b) a respite care supplement in respect of that day under section 44 - 12 of the Aged Care (Transitional Provisions) Act 1997 .
13 At the end of paragraph 8(8)(zna)
Add:
Note 1: For rent , see subsection 13(2).
Note 2: Under subsections 11A(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.
14 After paragraph 8(8)(zna)
Insert:
(znaa) while a person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution--any rent from the person's principal home that the person, or the person's partner, earns, derives or receives from another person;
Note 1: For rent , see subsection 13(2).
Note 2: Under subsections 11A(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.
15 Subsection 9(1D)
Repeal the subsection, su b stitute:
(1D) To avoid doubt, none of the following is a financial investment for the purposes of this Act:
(a) an accommodation bond;
(b) an accommodation bond balance;
(c) a refundable deposit ;
(d) a refundable deposit balance.
16 Subsection 11(1) (definition of charge exempt resident )
After " Care ", insert " (Transitional Provisions) ".
17 Subsection 11(1)
Insert:
"daily accommodation contribution" has the same meaning as in the Aged Care Act 1997 .
"daily accommodation payment" has the same meaning as in the Aged Care Act 1997 .
18 Subsection 11(1)
Insert:
"refundable" deposit has the same meaning as in the Aged Care Act 1997 .
"refundable" deposit balance has the same meaning as in the Aged Care Act 1997 .
19 After subsection 11(3 A )
Insert:
(3 AA ) To avoid doubt, a refundable deposit balance in respect of a refundable deposit paid by a person is taken to be an asset of the person.
20 Paragraph 11A(8)(a) (note 2)
After " Care ", insert " (Transitional Provisions) ".
21 After paragraph 11A(8)(b)
Insert:
(ba) if the Secretary is satisfied that the residence was previously the person's principal home but that the person left it for the purpose of going into a care situation--any period during which:
(i) the person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution (or would be so liable to do so, assuming that no sanctions under Part 4.4 of the Aged Care Act 1997 were currently being imposed on the provider of the care concerned); and
(ii) the person, or the person's partner, is earning, deriving or receiving rent for the residence from another person; and
22 Paragraph 11A(8)(c)
Omit "or (b)", substitute ", (b) or (ba)".
23 Paragraph 1099E(1)(b)
After " Care ", insert " (Transitional Provisions) ".
24 Subsection 1099J(1)
After " 1997 ", insert "(as in force before 1 July 2014)".
25 Subsection 1099J(2)
Omit "that Act", substitute "the Aged Care (Transitional Provisions) Act 1997 ".
26 At the end of subsection 1118(1)
Add:
; (v) the amount of any refundable deposit balance in respect of a refundable deposit paid by the person .
Social Security (Administration) Act 1999
27 At the end of paragraph 126(1)(e)
Add "or".
28 After paragraph 126(1)(e)
Insert:
(f) a decision under section 44 - 24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub - delegated power under subsection 96 - 2(7) of that Act;
29 At the end of paragraph 129(1)(e)
Add "or".
30 After paragraph 129(1)(e)
Insert:
(f) a decision under section 44 - 24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub - delegated power under subsection 96 - 2(7) of that Act;
31 At the end of subsection 140(1)
Add:
; and (g) all decisions under section 44 - 24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub - delegated power under subsection 96 - 2(7) of that Act.
32 At the end of subsection 178(1)
Add:
; and (c) all decisions under section 44 - 24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub - delegated power under subsection 96 - 2(7) of that Act.
Veterans' Entitlements Act 1986
33 Section 5 (index)
Insert:
accommodation bond balance | 5L(1) |
34 Section 5 (index)
Insert:
daily accommodation contribution | 5L(1) |
daily accommodation payment | 5L(1) |
35 Section 5 ( i ndex)
Insert:
refundable deposit | 5L(1) |
refundable deposit balance | 5L(1) |
36 P aragraph 5H(8)(na)
Repeal the paragraph, substitute :
(na ) a payment of subsidy under Part 3.1 of the Aged Care Act 1997 or Part 3.1 of the Aged Care (Transitional Provisions) Act 1997 made to an approved provider (within the meaning of th ose Act s ) in respect of care provided to the person;
37 After paragraph 5H(8)(nd)
Insert:
(ne) a refundable deposit balance refunded to the person under the Aged Care Act 1997 ;
(nf) while a person is liable to pay a daily accommodation payment or a daily accommodation contribution--any rent from the person's principal home that the person, or the person's partner, earns, derives or receives from another person;
Note 1 : For rent , see subsection 5N(2).
Note 2 : Under subsections 5LA(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.
38 Subsection 5J(2C)
Repeal the subsection, substitute:
(2C) To avoid doubt, none of the following is a financial investment for the purposes of this Act:
(a) an accommodation bond;
(b) an accommodation bond balance;
(c ) a refundable deposit;
( d ) a refundable deposit balance.
Note: These expressions are defined in section 5L.
39 Subsection 5L(1)
Insert:
"accommodation bond balance" has the same meaning as in the Aged Care Act 1997 .
40 Subsection 5L(1)
Insert:
"daily accommodation contribution" has the same meaning as in the Aged Care Act 1997 .
"daily accommodation payment" has the same meaning as in the Aged Care Act 1997 .
41 Subsection 5L(1)
Insert:
"refundable deposit" has the same meaning as in the Aged Care Act 1997 .
"refundable deposit balance" has the same meaning as in the Aged Care Act 1997 .
42 After subsection 5L(3B)
Insert:
(3BA) To avoid doubt, a refundable deposit balance (within the meaning of the Aged Care Act 1997 ) in respect of a refundable deposit (within the meaning of that Act: see subsection ( 1) of this section) paid by a person is taken to be an asset of the person.
43 After paragraph 5L A(8)(b)
Insert:
(ba) if the Commission is satisfied that the residence was previously the person's principal home but that the person left it for the purpose of going into a care situation or becoming an aged care resident --any period during which:
(i) the person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution (or would be liable to do so , assuming that no sanctions under Part 4.4 of the Aged Care Act 1997 were currently being imposed on the provider of the care concerned); and
(ii) the person, or the person's partner, is earning, deriving or receiving rent for the residence from another person; and
44 Paragraph 5LA(8)(c)
Omit "or (b)", substitute ", (b) or (ba)".
45 Subsection 5LA(8) (note 4)
After " Care ", insert " (Transitional Provisions) ".
46 Subsection 5NC(8)
Omit all the words after " the person is ", substitute:
eligible for :
(a) a respite supplement in respect of that day under the Subsidy Principles made for the purposes of subparagraph 44 - 5(1)(a)(i) of the Aged Care Act 1997 ; or
(b) a respite care supplement in respect of that day under section 44 - 12 of the Aged Care (Transitional Provisions) Act 1997 .
47 After paragraph 52(1)(p)
Insert:
(pa) the amount of any refundable deposit balance in respect of a refundable deposit paid by the person;
48 Paragraph 13(1)(b) of Schedule 5
After " Care ", insert " (Transitional Provisions) ".
49 Subclause 13(1) of Schedule 5 (note)
Repeal the note, substitute:
Note 1: Accommodation bond and accommodation charge have the same meanings as in the Aged Care Act 1997 : see subsection 5L(1) of this Act.
Note 2: Charge exempt resident has the same meaning as in the Aged Care (Transitional Provisions) Act 1997 : see clause 17 of this Schedule.
50 Paragraph 13(2)(b) of Schedule 5
After " Care ", insert " (Transitional Provisions) ".
51 Subclause 13(2) of Schedule 5 (note)
Repeal the note, substitute:
Note 1: Accommodation bond and accommodation charge have the same meanings as in the Aged Care Act 1997 : see subsection 5L(1) of this Act.
Note 2: Charge exempt resident has the same meaning as in the Aged Care (Transitional Provisions) Act 1997 : see clause 17 of this Schedule.
52 Part 2A of Schedule 5 (heading)
Omit " Aged Care Act 1997 ", substitute " Aged Care (Transitional Provisions) Act 1997 ".
53 Clause 17 of Schedule 5 (definition of charge exempt resident )
After " Care ", insert " (Transitional Provisions) ".
54 Subclause 17B(1) of Schedule 5
After "the Aged Care Act 1997 ", insert "(as in force before 1 July 2014)".
55 Subclause 17B(2) of Schedule 5
Omit "that Act", substitute "the Aged Care (Transitional Provisions) Act 1997 ".