Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 16.7

             (1)  The transfer day is the proposed transfer day specified in the application if the transfer is completed on or before that day.

             (2)  If the transfer is not completed on or before the proposed transfer day, the transferor and the transferee may apply, in writing, to the Secretary to approve a day as the transfer day.

Note:          Because the proposed transfer day must be specified in the application for transfer, the Secretary must be notified if the transfer is not completed on or before the proposed transfer day (see subsection 16‑2(8)).

             (3)  The Secretary must, within 28 days after receiving the application under subsection (2):

                     (a)  approve a day as the transfer day; or

                     (b)  reject the application;

and, within that period, notify the transferor and the transferee accordingly.

Note:          Approvals of days and rejections of applications are reviewable under Part 6.1.

             (4)  However, the day approved by the Secretary as the transfer day must not be earlier than the day on which the transfer is actually completed.