Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 46C

             (1)  This section does not apply to a Government nursing home or a nursing home for disabled people.

             (2)  The Secretary must, in relation to an approved nursing home, determine a period to be the accounting period in respect of that nursing home.

             (3)  An accounting period in respect of an approved nursing home must not begin before the commencement of the National Health Amendment Act 1992 .

             (4)  The determination must:

                     (a)  be in writing; and

                     (b)  set out the accounting period in respect of the nursing home.

             (5)  The Secretary must provide a copy of the determination to the proprietor of the nursing home within 14 days after making it.

             (6)  Subject to subsection (10), the Secretary may vary the accounting period in respect of the nursing home at any time.

             (7)  If, before the day on which the sale of an approved nursing home is completed:

                     (a)  the Secretary receives notice of the sale; or

                     (b)  is otherwise informed of the sale;

the Secretary must, within 14 days of receiving notice, or becoming informed, of the sale of the nursing home, vary the accounting period in respect of the home.

             (8)  If:

                     (a)  an approved nursing home has been sold and the Secretary did not receive notice of the sale under section 65A or 65B, or was not otherwise informed of the sale, before the day of completion of the sale; or

                     (b)  if the proprietor of an approved nursing home sells the nursing home before the notified day for completion of sale;

the Secretary must, within 14 days after first becoming aware of the sale, vary the accounting period in respect of the home.

             (9)  The accounting period, as varied under subsection (7) or (8), must end on the day before the day of completion of the sale.

           (10)  The Secretary must not vary the accounting period so that it begins on a day earlier than the last day of the previous accounting period.

           (11)  If the Secretary varies the accounting period, he or she must notify the proprietor within 7 days of that variation.

           (12)  A notice under subsection (11) must be in writing and set out the new accounting period in respect of the nursing home.

           (13)  The Secretary must not:

                     (a)  determine an accounting period that would end on or after the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences; or

                     (b)  vary an accounting period so that it would end on or after the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences.