EXPLANATORY STATEMENT
AGED CARE ACT 1997
SECTION 52-1
AGED CARE (AMOUNT OF FLEXIBLE CARE SUBSIDY – EXTENDED AGED CARE AT HOME AND MULTI-PURPOSE SERVICES)
REVOCATION DETERMINATION 2005
This Determination seeks to revoke a previous Determination made under section 52-1 of the Aged Care Act 1997 (the Act) made by the Minister for Ageing on 23 June 2004. That Determination (known as ACA Ch. 3 No. 17/2004) set the rate of flexible care subsidy for Extended Aged Care at Home (EACH) and for Multi-purpose Services (MPS) with effect from 1 July 2004.
Sections 2, 3 and 4 and Schedules 1, 2 and 3 of the Determination ACA Ch. 3 No. 17/2004 dealt with the rate of flexible care subsidy for MPS. These sections and schedules were revoked with effect from 1 January 2005 by the Aged Care (Amount of flexible care subsidy – multi-purpose services) Determination 2005 (No. 1) (known as ACA Ch. 3 No. 18/2005).
Section 1 of the Determination ACA Ch. 3 No. 17/2004 dealt with the rate of flexible care subsidy for EACH. This section was revoked with effect from 1 July 2005 by the Determination under section 52-1 for flexible care subsidy in respect of Extended Aged Care at Home (known as ACA Ch. 3 No. 14/2005).
Although the content of the Determination ACA Ch. 3 No. 17/2004 had been revoked by these two determinations, the Office of Legislative Drafting advised that the Determination itself had yet to be revoked.
This Determination (known as ACA Ch. 3 No. 21/2005) revokes the Determination ACA Ch. 3 No. 17/2004 in its entirety and will remove it from the Federal Register of Legislative Instruments.
There has been no need for consultation on this Determination as it is a technical amendment only and has no effect on the rights and obligations of any person or body.
The Office of Regulation Review has advised that Regulation Impact Statements were not required for the Determinations revoking section 1 of ACA Ch. 3 17/2004 (ORR ID Number 7348) and revoking sections 2, 3 and 4 and Schedules 1, 2 and 3 (ORR ID Number 7362).
This Determination is a “legislative instrument” for the purposes of the Legislative Instruments Act 2003.