2. On page 3, from line 38, to omit the definition of "facility" and to substitute:

(a) means a building or other structure used for the purposes of providing accommodation, housing and community-based care and support services to older persons: and

(b) includes a private residential home in which older persons are accommodated for reward and a shelter but does not include a luncheon club or a building or other structure in or on which home-based care is provided;

3. On page 3, in line 49, to omit "small".

4. On page 4, in line 3, to omit the definition of "owner" and to substitute: "operator" means a person that operates a facility;

5. On page 4, after line 3, to insert the following definition: "person" includes a trust;

1. On page 4, in line 30, after "rural" to insert "and urban"

2. On page 4, in line 38, after "rural" to insert "and urban".

CLAUSE 4

1. On page 5, in line 12, after "accounting" to insert:

and the opening and maintaining of a register of all assets bought with Government funds

1 - On page 5, in line 24, to omit "own, manage or".

1. On page 6, from line 9, to omit paragraph (c).

2. On page 6, from line 14, to omit subsection (3).

1. On page 6, in line 21, to omit "owner" and to substitute "operator".

2. On page 6, from line 30, to omit all the word after "funds" up to and including "persons" in line 31.

1. On page 6, in line 33, after "facility" to insert ", excluding a shelter".

1. On page 7, in line 4, to omit "a" and to substitute "an older".

2. On page 7, in line 10, after "reasons" to insert "in writing".

3. On page 7, after line 10, to insert the following subsection:

(4) Subject to an order of a court, no older person may be admitted to a facility without his or her conseent.

CLAUSE 10

1. On page 7, in line 13, to omit "State or any" and to substitute "State may, and any social worker or".

2. On page 7, in line 14, to omit ", after being" and to substitute "if

3. On page 7, in line 16, after "accommodated "to ensure compliance with this Act".

4. On page 7, in line 17, after "person" to insert "cared for or".

5. On page 7, after line 26, to insert the following subsections:

(3) A social worker or designated person may issue a compliance notice to the operator concerned if a provision of this Act has not been complied with.

(
4) A compliance notice remains in force until the relevant provision of this Act has been complied with and the social worker or designated person has issued a compliance certificate in respect of that notice.

6. On page 7, in line 31, after "person" to insert '"cared for or".

1, On page 7, in line 34, to omit "manager" and substitute "operator".

2. On page 7, in line 43, to omit "manager" and to substitute "operator".

3. On page 7, in line 45, to omit "manager" and to substitute "operator".

1. On page 8, from line 22, to omit all the words after "is" up to and including the first "that" in line 29, and to substitute "attached abuses an older person, that".

2. On page 8, in line 20, after "oath" to insert "or affirmation".

3. On page 8, in line 37, after "oath" to insert "or affirmation".

1. On page 9, from line 52, to omit subsection (1 ) and to substitute:

(1) Any person who suspects that an older person has been abused or

suffers from an abuse-related injury must immediately notify the Director-Genral of his or her suspicion.

1. On page 10, from line 9, to omit paragraph (a).

2. On page 10, in line 13, to omit "own, manage or operate a" and to substite: in any way operate or be employed at any

1. On page 10, in line 26, after the first "her" to insert "income, assets or".

2. On page 10, in line 26, after "wishes" to insert "or who suffers any other financial abuse".

3. On page 10, in line 27, after "wishes" to insert: or who has been unlawfully evicted from any property occupied by him or her

1. On page 12, after line 12, to insert the following subsections:

(4) The regulations may provide that any person who contravenes or fails to comply with a regulation is guilty of an offence and liable on conviction to a fine or to a period of imprisonment not exceeding one year or to both a fine and such imprisonment.

(5) Before the Minister makes any regulation under this section, he or she must publish a draft of the proposed regulation in the Gazette together with a notice calling on interested persons to comment, in writing, within a period stated in the notice of not less than 30 days from the date of publication of the notice.

(6) If the Minister alters the draft regulations, as a result of any comment, he or she need not publish those alterations before making the regulations.

(7) The Minister may, if circumstances necessitate the immediate publication of a regulation, publish that regulation without consultation as contemplated in subsection (5).

Clause rejected.

CLAUSE 23

1. On page 12, from line 16, to omit subsection (1) and to substitute:

(1) The Aged Persons Act, 1967 (Act No. 81 of 1967), and the Aged Persons Amendment Act, 1998 (Act No. 100 of 1998), are hereby repealed.

1. On page 12, in line 36, to omit "2003" and to substitute "2004".