Document ID: chunk:federal_register_of_legislation:C2019A00077:clause:2_91b:p3
Version: federal_register_of_legislation:C2019A00077
Segment Type: clause
Provision Reference: sch 2 cl 91B (pt 3/5)
Character Range: 10544–13251

permission under subsection (1), (2) or (3) to supply pharmaceutical benefits at particular premises:
 (a) the holder of the permission is to be treated for all purposes of this Act as if the holder were, on and after the day the application for the permission was made, approved under section 90 as an approved pharmacist in relation to those premises; and
 (b) any supply of pharmaceutical benefits at or from those premises by a pharmacist, who is not an approved pharmacist, on or after the day the application for the permission was made and before the grant of that permission is to be treated as if it had been a supply of those pharmaceutical benefits by the holder of the permission; and
 (c) references in this Act to an approval granted under section 90 include references to an approval treated as having been granted under section 90 by paragraph (a) of this subsection; and
 (d) the conditions to which an approval granted under section 90 is subject (including any condition that is imposed by means of the Minister's determination for the purposes of paragraph 92A(1)(f)) also apply to an approval treated as having been granted under section 90 by paragraph (a) of this subsection; and
 (e) the rights conferred and obligations imposed on an approved pharmacist apply to the holder of the permission in the holder's activities as such an approved pharmacist.
Note 1: One of the effects of paragraph (a) is that, if the holder of the permission supplies a pharmaceutical benefit, the holder may be entitled to a payment under section 99 for the supply of the benefit.
Note 2: For pharmacist see subsection 4(1).

Duration of permission
 (11) A permission granted under subsection (1), (2) or (3) in relation to particular premises continues, unless it is sooner revoked, until the Secretary grants another approval under section 90 in respect of those premises.
Note: Subsections (12) and (13) deal with revocation of the permission and subsection (14) deals with variation of the permission.

Revoking permission
 (12) The Secretary may, by written notice given to the holder of the permission, revoke the permission if the Secretary is satisfied that:
 (a) there has been a contravention of a condition covered by paragraph (10)(d); or
 (b) the holder of the permission is not carrying on the business of a pharmacist at the premises in respect of which the permission is granted; or
 (c) the premises are not accessible by members of the public for the purpose of receiving pharmaceutical benefits at times that, in the opinion of the Secretary, are reasonable; or
 (d) it is otherwise appropriate in the circumstances to revoke the permission.
 (13) The Secretary must, by written notice