Commonwealth Numbered Acts

NURSING HOMES AND HOSTELS LEGISLATION AMENDMENT ACT 1987 No. 72, 1987 - SECT 45

45. Section 9 of the Principal Act is amended:

   (a)  by omitting from subsection (1A) "For the purpose of subsection (1)"
        and substituting "Subject to subsection (1B)";

   (b)  by inserting in subsection (1A) "the notional amount (if any) to be
taken into account under subsection (1B)," after "the sum of"; and

   (c)  by inserting after subsection (1A) the following subsections:

"(1B) The notional amount to be taken into account in a calculation under
subsection (1A) is the market value, at the time at which the calculation is
made, of the eligible organisation's estate or interest in the land to be used
for the provision of the home or the market value of the organisation's estate
or interest in the land immediately after acquisition, whichever is the
greater.

"(1C) The Secretary may, in his or her discretion, determine in writing that
all land or particular land donated to the eligible organisation:

   (a)  by the Commonwealth; or

   (b)  by an authority established by or under a law of the Commonwealth;
shall not be taken into account for the purposes of subsection (1B).

"(1D) Moneys expended in acquiring land taken into account for the purposes of
subsection (1B) shall not be taken into account, for the purposes of
subsection (1A), as moneys expended.".