Commonwealth Numbered Acts

HEALTH, HOUSING AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1992 No. 88 of 1992 - SECT 69

69. Section 4 of the Principal Act is amended by inserting in subsection (1)
the following definitions:

" 'official appointee', in relation to the proprietor of a nursing home (other
than a Government nursing home), means:

   (a)  if the proprietor is a body corporate:

        (i)    a liquidator or official manager of the proprietor; or

        (ii)   a receiver, or receiver and manager, of the whole of the
               proprietor's property, or a part of the proprietor's property
               that includes the nursing home or the business or undertaking
               carried on at the nursing home; or

   (b)  if the proprietor is a natural person - a person appointed as the
        trustee in bankruptcy of the proprietor; or

   (c)  a person appointed under a law of a State or Territory to conduct the
        nursing home; or

   (d)  a person appointed, under an instrument under which the nursing home
        is or may become security for a debt owed by the proprietor or any
        other person, to manage the affairs of the nursing home on behalf of
        the person to whom the debt is owed; or

   (e)  a person included in a class of persons that the Secretary determines
        by instrument in writing to be official appointees for the purposes of
        this paragraph;
'temporary operator', in relation to a nursing home, means a person who:

   (a)  is an official appointee in relation to the proprietor of the nursing
        home; and

   (b)  in relation to whom an approval under section 39BA is in force;".