Document ID: chunk:federal_register_of_legislation:C2025C00090:section:91:p1
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 91 (pt 1/3)
Character Range: 215538–218308

91  Application to supply pharmaceutical benefits following the death of approved pharmacist
 (1) If:
 (a) a person is an approved pharmacist in respect of a pharmacy at particular premises; and
 (b) the approved pharmacist dies at any time on or after the commencement of this section; and
 (c) another person claims to be:
 (i) the executor, or one of the executors, of the will of the deceased pharmacist in respect of which probate has been granted; or
 (ii) the executor, or one of the executors, of the will of the deceased pharmacist although probate has not yet been granted; or
 (iii) a person, or one of the persons, to whom the administration of the estate of the deceased pharmacist has been granted; or
 (iv) a person, or one of the persons, intending to apply for administration of the estate of the deceased pharmacist; and
 (d) that other person applies to the Secretary for permission to supply pharmaceutical benefits at those premises;
the Secretary may, if the Secretary reasonably believes that the applicant is, or on the grant of probate of the will or letters of administration of the estate is likely to be, such an executor or administrator, grant the applicant permission to supply such pharmaceutical benefits at those premises.
 (2) An application under subsection (1) in relation to the supply of pharmaceutical benefits at particular premises:
 (a) must be made in writing in a form approved by the Secretary; and
 (b) must be made as soon as reasonably practicable after the death of the pharmacist who previously supplied such pharmaceutical benefits at those premises; and
 (c) must be accompanied by documentary evidence relating to:
 (i) the identity of the applicant; and
 (ii) the nature of the applicant's claim to be a person referred to in a subparagraph of paragraph 91(1)(c);
  of a kind determined by the Secretary under subsection (3).
 (3) For the purposes of paragraph (2)(c), the Secretary may, by legislative instrument, determine kinds of documentary evidence.
 (4) For the purpose of considering an application under this section, the Secretary may, by notice in writing given to the applicant, require the applicant to provide such further information, or produce such further documents, to the Secretary as the Secretary specifies, within such period as the Secretary specifies.
 (5) If the Secretary requires the provision of information or the production of documents within a specified period and the information or documents are not provided or produced within that period, the Secretary may treat the application as having been withdrawn.
 (6) When the Secretary makes a decision to grant or refuse an application under this section, the Secretary must cause notice in writing of that decision to be given to the