Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 16.1

             (1)  A transfer of a * place to which this Subdivision applies from one person to another is of no effect unless it is approved by the Secretary.

             (2)  The Secretary must approve the transfer of a * place to which this Subdivision applies if, and only if:

                     (b)  an application for transfer is made under section 16‑2; and

                     (c)  the Secretary is satisfied under section 16‑4 that the transfer is justified in the circumstances; and

                     (d)  the transferee is an approved provider when the transfer is completed in respect of the * aged care service to which the places will relate after transfer; and

                     (e)  the transfer would not have the effect of the care to which the place relates being provided in a different State or Territory.

             (3)  If the transfer is approved:

                     (a)  the transferee is taken, from the transfer day (see section 16‑7), to be the person to whom the * place is allocated under this Subdivision; and

                     (b)  if, as part of the transfer, approval is sought for one or more variations of the conditions to which the allocation is subject under section 14‑5--the Secretary is taken to have made such variation of the conditions as is specified in the instrument of approval.