Commonwealth Consolidated Acts

AGED OR DISABLED PERSONS CARE ACT 1954 - NOTES

Act No. 81 of 1954 as amended
This compilation was prepared on 28 September 2001
taking into account amendments up to Act No. 111 of 2001
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Note 1

The Aged or Disabled Persons Care Act 1954 as shown in this compilation comprises Act No. 81, 1954 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional provisions prior to 22 September 1999 is not included in this compilation. For susequent information see Table A.

Table of Acts

(a) The Aged or Disabled Persons Homes Act 1954 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(7) of which provides as follows:

(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.

(b) The Aged or Disabled Persons Homes Act 1954 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(c) The Aged or Disabled Persons Homes Act 1954 was amended by Part II (sections 3-7) only of the Social Security Legislation Amendment Act 1982, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(d) The Aged or Disabled Persons Homes Act 1954 was amended by Part III (sections 49-56) only of the Social Security Legislation Amendment Act 1983, subsection 2(7) of which provides as follows:

(7) Parts III and V shall come into operation on 1 January 1984.

(e) The Aged or Disabled Persons Homes Act 1954 was amended by Part V (sections 72-74) only of the Social Security and Repatriation Legislation Amendment Act 1984, subsection 2(7) of which provides as follows:

(7) Part V shall come into operation on such date as is fixed by the Minister by notice in the Gazette.

The date fixed was 24 October 1984 (see Gazette 1984, No. S364).
(f) The Aged or Disabled Persons Homes Act 1954 was amended by sections 3 and 4 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(29) of which provides that section 9 and the amendments made to the Aged or Disabled Persons Homes Act 1954 (other than the amendment to the definition of respite care in section 10A), shall come into operation on the day fixed by Proclamation for the purposes of subsection 2(20) of that Act.
Subsection 2(4) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 provides as follows:

(4) The amendment of the definition of respite care bed in section 10A of the Aged or Disabled Persons Homes Act 1954 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the date fixed by the Minister for the purposes of subsection 2(7) of the Social Security and Repatriation Legislation Amendment Act 1984 or on the day fixed by Proclamation for the purpose of subsection (20) of this section, whichever is the later.

In pursuance of subsection 2(20) the date of commencement was 13 December 1984 (see Gazette 1984, No. S519).
(g) The Aged or Disabled Persons Homes Act 1954 was amended by Part II (sections 3-8) only of the Social Security and Repatriation Legislation Amendment Act 1985, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(h) The Aged or Disabled Persons Homes Act 1954 was amended by sections 3-6 only of the Social Security and Repatriation (Budget Measures) Amendment Act 1985, subsections 2(1) and (3) of which provide as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(3) Sections 5, 6, 47 and 51 and subsection 45(3) shall come into operation on such day as is, or such respective days as are, fixed by Proclamation.

(j) The Aged or Disabled Persons Homes Act 1954 was amended by sections 3-5 only of the Nursing Homes and Hostels Legislation Amendment Act 1986, subsections 2(2), (3) and (5) of which provide as follows:

(2) Subsections 5(1) and (2) shall be deemed to have come into operation on 22 October 1986.
(3) Subsections 5(3) and (4) shall come into operation on 6 May 1987.
(5) The remaining provisions of this Act shall come into operation on the day on which it receives the Royal Assent.

(k) The Aged or Disabled Persons Homes Act 1954 was amended by Part IV (sections 42-45) only of the Nursing Homes and Hostels Legislation Amendment Act 1987, subsection 2(3) of which provides as follows:

(3) The remaining provisions of this Act shall come into operation on 1 July 1987.

(l) The Community Services and Health Legislation Amendment Act 1987 was amended by section 41(2) only of the Community Services and Health Legislation Amendment Act (No. 2) 1988, subsection 2(6) of which provides as follows:

(6) Subsection 41(2) shall be taken to have commenced on 16 December 1987.

(m) The Aged or Disabled Persons Homes Act 1954 was amended by Part II (sections 3-6) only of the Community Services and Health Legislation Amendment Act 1988 (as amended by the Community Services and Health Legislation Amendment Act (No. 2) 1988), subsection 2(3) of which provides as follows:

(3) Part II commences on a day to be fixed by Proclamation.

(n) The Community Services and Health Legislation Amendment Act 1988 was amended by Part V (sections 38-40) only of the Community Services and Health Legislation Amendment Act (No. 2) 1988, subsection 2(5) of which provides as follows:

(5) Part V shall be taken to have commenced on 24 June 1988.

(p) The Aged or Disabled Persons Homes Act 1954 was amended by section 41(1) only of the Community Services and Health Legislation Amendment Act (No. 2) 1988, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(q) The Aged or Disabled Persons Homes Act 1954 was amended by sections 1-26 only of the Aged or Disabled Persons Homes Amendment Act 1989 (as amended by the Community Services and Health Legislation Amendment Act (No. 2) 1989), section 2 of which provides as follows:

(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(2) Paragraph 11(e) shall commence, or shall be taken to have commenced, on the day fixed by Proclamation under subsection 2(2) of the Community Services and Health Legislation Amendment Act 1987 as the day on which section 14 of that Act comes into operation.
(3) Paragraph 17(g) and subsection 21(1) shall commence, or shall be taken to have commenced, on the day of commencement of section 5 of the Community Services and Health Legislation Amendment Act 1988.
(4) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

(r) The Aged or Disabled Persons Homes Amendment Act 1989 was amended by Part 3 (sections 6 and 7) only of the Community Services and Health Legislation Amendment Act (No. 2) 1989, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(s) The Aged or Disabled Persons Homes Act 1954 was amended by sections 3-5 only of the Community Services and Health Legislation Amendment Act (No. 2) 1989, subsections 2(1), (4) and (5) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(4) Section 4, paragraphs 26(b) and (c) and sections 28 and 31 commence on 1 July 1990.
(5) Subject to subsection (6), section 5, paragraphs 26(d) and (e) and sections 33, 34 and 36 commence on a day or days to be fixed by Proclamation.

(t) The Aged or Disabled Persons Homes Act 1954 was amended by sections 3-10 only of the Community Services and Health Legislation Amendment Act (No. 2) 1990, subsections 2(1) and (4) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(4) Sections 5 and 8 commence on 9 January 1991.

(u) The Aged or Disabled Persons Care Act 1954 was amended by section 3 only of the Health, Housing and Community Services Legislation Amendment Act 1992, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(v) The Aged or Disabled Persons Care Act 1954 was amended by sections 3-6 only of the Health and Community Services Legislation Amendment Act (No.2) 1992, subsection 2(2) of which provides as follows:

(2) Sections 3, 4, 5 and 6 commence on 28 April 1993.

(w) The Health and Community Services Legislation Amendment Act (No. 2) 1992 was amended by section 6 only of the Health and Community Services Legislation Amendment Act 1993, subsection 2(2) of which provides as follows:

(2) Section 6 is taken to have commenced immediately after the commencement of section 2 of the Health and Community Services Legislation Amendment Act (No. 2) 1992.

Section 2 commenced on 21 December 1992.
(x) The Aged or Disabled Persons Care Act 1954 was amended by Part 2 (sections 3 and 4) only of the Health and Community Services Legislation Amendment Act 1993, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(y) The Aged or Disabled Persons Care Act 1954 was amended by Schedule 2 (item 1) only of the Human Services and Health Legislation Amendment Act (No. 3) 1995, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(z) The Aged or Disabled Persons Care Act 1954 was amended by Schedule 2 only of the Aged Care (Consequential Provisions) Act 1997, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences immediately after the commencement of the Aged Care Act 1997 (other than Division 1 of that Act).

The Aged Care Act 1997 (other than Division 1) commenced on 1 October 1997 (see Gazette 1997, No. GN36)

Table of Amendments

Table A

Application, saving or transitional provisions

Statute Stocktake Act 1999 (No. 118, 1999)

Schedule 2
38 Application

The amendments made by items 36 and 37 apply only for the purpose of working out whether someone is an eligible person at a time after the commencement of this item.

41 Application

The amendments made by items 39 and 40 apply only for the purpose of working out whether premises are a hostel at a time after the commencement of this item.

Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001 (No. 111, 2001)

4 Application of amendments

(1)

Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2)

For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.