Aged Persons Hostels Act 1974

Legislation au C2004A00187 Not in force Act

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AGED PERSONS HOSTELS ACT 1974

No. 131 of 1974

 

An Act to amend the Aged Persons Hostels Act 1972.

 

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 Persons Hostels Act 1974.

(2) The Aged Persons Hostels Act 1972 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 Persons Hostels Act 1972-1974.

Commencement.

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

Interpretation.

3. Section 3 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “prescribed organization” and substituting the following definition:—

“‘prescribed organization’ means—

(a) an eligible organization that, at the commencement of this Act, was conducting a qualifying subsidized home or a qualifying unsubsidized home; or

(b) any other eligible organization that has become a prescribed organization for the purposes of this Act in accordance with sub-section 8a(4); and

(b) by omitting the definition of “the prescribed number of aged persons” and substituting the following definition:—

“‘the prescribed number of aged persons’ means—

(a) in relation to a prescribed organization referred to in paragraph (a) of the definition of ‘prescribed organization’ in this sub-section—the sum of—

(i) twice the number of aged persons for whose accommodation provision was made, at the commencement of this Act, at a qualifying unsubsidized home, or at qualifying subsidized homes, of the organization; and

(ii) half the number of aged persons for whose accommodation provision was made, at the commencement of this Act, at a qualifying subsidized home, or at qualifying subsidized homes, of the organization; or

(b) in relation to a prescribed organization referred to in paragraph (b) of that definition—the number of aged persons that is, by virtue of sub-section 8a(4), the prescribed number of aged persons in respect of the organization;

Amounts of grants.

4. Section 7 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:—

“(2) The amount of the grant shall not exceed an amount ascer­tained in accordance with a method determined by the Minister by writing under his hand.

Grants for furnishings.

5. Section 8 of the Principal Act is amended by omitting the words “the rate of Two hundred and fifty dollars”, and substituting the words, “a rate determined by the Minister by writing under his hand


Transfer of rights in respect of aged persons.

6. After section 8 of the Principal Act the following section is inserted:—

“8a. (1) Where the prescribed number of aged persons in respect of a prescribed organization exceeds the total of the numbers of aged persons and staff in respect of whose accommodation at a hostel or hostels the Director-General has made, or has agreed to make, a grant to the organization under this Act, the organization may agree to transfer its rights under this Act in respect of aged persons to a number not exceeding the excess to another eligible organization.

“(2) An agreement referred to in sub-section (1) is of no force or effect unless or until it is approved by the Director-General.

“(3) The Director-General shall not approve an agreement to transfer rights to an eligible organization unless he is satisfied that, if he approves the transfer—

(a) the eligible organization proposes to seek approval under this Act as a hostel of a building erected or to be erected or purchased or to be purchased by the organization; and

(b) the number of aged persons and staff in respect of whose accommodation at the hostel a grant could be made to the organization under this Act would be approximately equal to the number of aged persons that would, in the application of section 7 in relation to that hostel, be the prescribed number of aged persons in respect of the organization.

“(4) Where the Director-General approves an agreement by a prescribed organization to transfer rights under this Act in respect of a specified number of aged persons to an eligible organization that is not a prescribed organization—

(a) the eligible organization becomes a prescribed organization for the purposes of this Act; and

(b) the prescribed number of aged persons, in relation to the organization, is a number of aged persons equal to that specified number of aged persons.

“(5) Without limiting the application of sub-section 7(3)—

(a) where the amount of a grant under section 6 to a prescribed organization in respect of a hostel is to be determined after the Director-General has approved an agreement by the prescribed organization to transfer its rights under this Act in respect of a specified number of aged persons to another organization, section 7 applies to the prescribed organization as if the prescribed number of aged persons in respect of the organization were reduced by the specified number of aged persons; and

(b) where the Director-General has approved an agreement trans­ferring rights under this Act in respect of a specified number of aged persons to an organization that was, before the approval, a prescribed organization, section 7 applies, for the purposes of determining the amount of a grant under section 6 to the prescribed organization after the approval, as if the prescribed number of aged persons in respect of the organization were increased by the specified number of aged persons.”.

Transitional provisions.

7. (1) Where—

(a) a grant of moneys was made to a prescribed organization—

(i) under section 6 of the Principal Act in respect of the capital cost of an approved hostel; or

(ii) under section 8 of the Principal Act in respect of the provision of furnishings in an approved hostel,

on or after 1 April 1974 and before the commencement of this Act; or

(b) a grant of moneys so made to a prescribed organization before 1 April 1974, or an instalment of such a grant, was or is paid to the prescribed organization on or after that date,

the Director-General may, in his discretion, on behalf of Australia, make an additional grant of moneys to the prescribed organization in respect of the capital cost of the hostel or for the provision of furnishings in the hostel, as the case requires.


(2) The additional grant that may be made to an organization under sub-section (1) in respect of the capital cost of an approved hostel or in respect of the provision of furnishings in an approved hostel shall not exceed the amount by which the amount of the grant made to the organization under the Principal Act for that purpose is less than the maximum amount of the grant that the Director-General would, under the Principal Act as amended by this Act, be authorized to make to the organization on the date of commencement of this Act for that purpose if he had not previously made a grant to the organization for that purpose under the Principal Act.

(3) Sub-section 6(2) of the Principal Act as amended by this Act applies to and in relation to an additional grant of moneys made under sub-section (1) of this section as if it were a grant of moneys made under sub-section 6(1) of the Principal Act as amended by this Act.

(4) Grants under this section are payable out of moneys appropriated by the Parliament from time to time for the purposes of the Principal Act or of the Principal Act as amended at any time.

Validation.

8. Where, on or after 1 April 1974 and before the commencement of this Act, a grant of moneys was made to a prescribed organization as an additional grant in respect of the capital cost of a hostel or for the provision of furnishings in a hostel, being a grant that would have been authorized by sub-section 7(1) if that sub-section had been in operation at the time of the grant, payment of any moneys in respect of that grant, and any other thing done in relation to that grant, before or after the commencement of this section shall be deemed to have been, or to be, as valid, and has effect, as if section 7 had come into force on 1 April 1974 and the additional grant had been made under that section.

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Overview

The Aged Persons Hostels Act 1974, enacted by the Queen, the Senate and the House of Representatives of Australia, amends the Aged Persons Hostels Act 1972 to address certain deficiencies in the original legislation. This Act introduces amendments to definitions, grants, and rights transfer provisions to enhance the operation and administration of aged persons' hostels. The policy objective is to ensure that the aged persons' hostels continue to provide adequate accommodation and support to the elderly population. The Act allows for the adjustment of the prescribed number of aged persons in respect of a prescribed organization, the method of determining grant amounts, and the transfer of rights in respect of aged persons between eligible organizations, subject to approval by the Director-General. Additionally, the Act provides transitional provisions for grants made before its commencement, ensuring continuity and validity of these grants.

Scope and Application

The Aged Persons Hostels Act 1974 applies to eligible organisations conducting qualifying subsidised or unsubsidised homes for aged persons, referred to as "prescribed organisations". The Act amends the Aged Persons Hostels Act 1972, referred to as the Principal Act. The Act applies to these prescribed organisations, their rights and grants in relation to the accommodation of aged persons in hostels. The Act's provisions extend to grants for the capital costs of hostels and furnishings, as well as the transfer of rights concerning aged persons between eligible organisations. The Act also contains transitional and validation provisions to ensure continuity and legal effect of grants made before the Act's commencement. The Act applies nationally within Australia, as it is a Commonwealth Act. The Act does not specify any exclusions or exemptions, nor does it set any thresholds. The Act's application can be extended or restricted through subordinate instruments, such as regulations made by the Minister under the Act.

Key Provisions

The Aged Persons Hostels Act 1974, as amended, introduces several key changes to the existing Aged Persons Hostels Act 1972. Firstly, it amends the definition of "prescribed organization" (section 3(a)) to include eligible organizations that were operating qualifying subsidized or unsubsidized homes at the commencement of the Act, or those that subsequently become prescribed organizations according to section 8a(4). It also revises the definition of "prescribed number of aged persons" (section 3(b)) to clarify the calculation for organizations based on their existing arrangements and new agreements. The Act further modifies the method for determining grant amounts (section 4(2)), replacing the previous fixed rate with a method set by the Minister. Additionally, section 5 updates the rate for grants for furnishings from a fixed amount to a rate determined by the Minister. The Act imposes several obligations on prescribed organizations. Organizations must comply with the new definitions and calculations regarding the prescribed number of aged persons and ensure that any transfers of rights in respect of aged persons are approved by the Director-General (section 8a(2)). The Director-General has specific conditions to meet before approving such transfers, including ensuring the receiving organization intends to seek approval for a new or existing hostel and that the number of aged persons and staff would be approximately equal to the prescribed number (section 8a(3)). Furthermore, section 7(3) requires adjustments to the grant amounts when rights are transferred. Breaches of the Act may lead to various consequences, although specific offences, penalties, or civil/criminal consequences are not detailed within the provided sections. The Act does, however, outline provisions for transitional grants and validation of grants made before its commencement (sections 7 and 8). These provisions aim to ensure that any grants made within a certain period are recognized and treated as valid, facilitating a smooth transition under the new legislative framework.

Legal classification tags

Area of Law
Elder Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Transitional Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.