Aged or Disabled Persons Homes Act 1974

AGED OR DISABLED PERSONS HOMES ACT

1974

No. 115 of 1974

An Act to amend the Aged Persons Homes Act 1954-1973.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Aged or Disabled Persons Homes Act 1974.

(2) The Aged Persons Homes Act 1954-1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Aged or Disabled Persons Homes Act 1954-1974.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Title

3. The title to the Principal Act is amended by inserting after the Title, words “Aged Persons” the words “or Disabled Persons”.

Definitions.

4. Section 2 of the Principal Act is amended—

(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;”.

Purpose.

5. Section 3 of the Principal Act is amended by omitting from sub-section (1) the word “aged” (wherever occurring) and substituting the word “eligible”.

Approval of homes.

6. Section 6 of the Principal Act is amended by omitting from sub-section (1) the word “aged ” and substituting the word “eligible ”.

Grants to organizations.

7. (1) Section 7 of the Principal Act is amended by omitting sub-section (2a).

(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.

Terms and conditions of grants.

8. Section 8 of the Principal Act is amended by omitting from sub-section (3) the word “aged” and substituting the word “eligible”.

Amount of grants.

9. Section 9 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-sections:—

“(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.”.

10. After section 10 of the Principal Act the following section is inserted in Part II:—

Delegation.

“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.”.

Interpretation.

11. Section 10a of the Principal Act is amended by omitting from the definition of “prescribed date” in sub-section (1) the words “the date of commencement of the Aged Persons Homes Act 1969” and inserting “10 October 1969”.

Approval of eligible organization.

12. Section 10b of the Principal Act is amended by omitting from sub-section (1) the word “aged” and substituting the word “eligible”.

Authorization of payments.

13. (1) Section 10c of the Principal Act is amended by omitting the words “Forty-eight dollars” and substituting the figures “$60”.

(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.

Terms and conditions.

14. Section 10d of the Principal Act is amended by omitting from sub-section (1) the word “aged” and substituting the word “eligible”.

Minor amendments.

15. The Principal Act is amended as set out in the Schedule.

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SCHEDULE                                             Section 15

MINOR AMENDMENTS