Aged or Disabled Persons Homes Act 1974 (Cth)
An Act to amend the
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
(2)
The
(3) The Principal
Act, as amended by this Act, may be cited as the
(a) by inserting after the definition of “building” the following definition:—
“‘disabled person’ means a person who has attained the age of 16 years and who is—
(a) permanently blind; or
(b) permanently incapacitated for work;”
(c) by inserting after the definition of “eligible organization” the following definition:—
“‘eligible person’ means a person who is an aged person or a disabled person;”.
(2) An authorization under sub-section 7(2a) of the Principal Act that is in force immediately before the commencement of this Act continues in force after the commencement of this Act as if it were a like delegation under section 10aa of the Principal Act as amended by this Act.
“(1) Subject to this section, the amount of a grant under this Part in respect of an approved home shall be an amount not exceeding—
(a) four-fifths of the capital cost of the home; or
(b) four times the amount of the funds of the eligible organization available for expenditure toward the capital cost of the home,
whichever is the less.
“(1a) For the purpose of sub-section (1), the amount of the funds of an eligible organization available for expenditure towards the capital cost of an approved home shall be deemed to be the sum of the moneys (if any) expended, and the moneys presently available for expenditure, by the organization toward the capital cost of the home, being moneys that the Director-General is satisfied—
(a) in the case of an organization that is not a local governing body—did not become available as a result of the borrowing of those moneys or of any other moneys by the organization, and were not received by the organization from the Government of Australia or of a State or from a Government authority;
(b) in the case of an organization that is a local governing body—were not received by the organization (otherwise than as a result of the borrowing of those moneys by the organization) from the Government of Australia or of a State or from a Government authority; and
(c) in the case of an organization that is not a local governing body but which received the moneys from a local governing body—were not received by the local governing body (otherwise than as a result of the borrowing of those moneys by the local governing body) from the Government of Australia or of a State or from a Government authority.”.
“10aa. (1) The Director-General may, either generally or otherwise as provided by the instrument of delegation, by writing under his hand, delegate to an officer of the Department of Social Security all or any of his powers and functions under this Part, except this power of delegation.
“(2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
“(3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Director-General.”.
(2) The amendment made by sub-section (1) applies in respect of payments to an approved organization in respect of persons residing in accommodation provided by that organization on a date that is a prescribed date in relation to that organization, being a date not earlier than the date of commencement of this Act.
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Section 15
MINOR AMENDMENTS
Provision | Amendment |
Title.............................................................. | Omit “the Commonwealth”, substitute “Australia”. |
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|
Section 7(1).................................................. | Omit “the Commonwealth”, substitute “Australia”. |
Section 8 3)................................................... | Omit “the Commonwealth”, substitute “Australia”. |
Section 10c(1).............................................. | Omit “the Commonwealth”, substitute “Australia”. |
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