Commonwealth Numbered Acts

HEALTH, HOUSING AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1992 No. 88 of 1992 - SECT 9

9. Section 10 of the Principal Act is amended:

   (a)  by omitting paragraph (2)(b) and substituting the following
        paragraphs:

"(b) the cost of acquiring land (with or without buildings);

   (c)  the cost of acquiring, erecting, altering or extending buildings;

   (d)  the cost of acquiring, altering or installing equipment.";

   (b)  by omitting subsection (3) and substituting the following subsections:

"(3) The Minister must not approve the making of a grant unless:

   (a)  the Minister is satisfied that the making of the grant would:

        (i)    further the objects of this Act set out in section 3 and the
               principles and objectives formulated under section 5; and

        (ii)   comply with the guidelines formulated under section 5 that are
               applicable to the making of grants under subsection (1); and

   (b)  the Minister is satisfied:

        (i)    if the State or eligible organisation has not previously
               received a grant of financial assistance under this Part in
               respect of the provision of the service - that the State or
               eligible organisation will meet the eligibility standards in
               respect of the provision of the service by the day determined
               by the Minister under paragraph (4)(ba); or

        (ii)   that the State or eligible organisation is meeting the
               eligibility standards in respect of the provision of the
               service.

"(3A) A grant of financial assistance is subject to the condition that the
State or eligible organisation receiving the grant meets the eligibility
standards in respect of the provision of the eligible service:

   (a)  if the Minister has determined a day under paragraph (4)(ba) in
        respect of the service - on and from that day; or

   (b)  in any other case - on and from the day on which the grant of
        financial assistance is made.";

   (c)  by adding at the end of paragraph (4)(a) "and";

   (d)  by inserting after paragraph (4)(b) the following paragraph:

"(ba) if the State or eligible organisation providing the eligible service has
not previously received a grant of financial assistance under this Part in
respect of the provision of the service - determine a day by which the State
or eligible organisation must meet the eligibility standards in respect of the
provision of the service; and";

   (e)  by omitting from paragraph (4)(c) "the terms" and substituting "any
        other terms";

   (f)  by inserting after subsection (4) the following subsection:

"(4A) In determining a day under paragraph (4)(ba) in respect of the provision
of a service, the Minister must not determine a day that is more than 12
months later than the day on which the Minister approves the making of a grant
to the State or eligible organisation in respect of the provision of the
service.";

   (g)  by omitting from paragraphs (5)(e) and (g) "fullfillment" and
        substituting "fulfilment".