Document ID: chunk:federal_register_of_legislation:C2025C00090:section:91a:p3
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 91A (pt 3/3)
Character Range: 227442–229672

are in substantially the same locality as the affected premises;
 (c) when an approval is granted to the approved pharmacist under section 90 in respect of the alternative premises;
 (d) when the approved pharmacist's approval for the affected premises is cancelled under section 98;
 (e) when the permission is revoked under subsection (9) of this section.

Revoking permission
 (9) The Secretary may, by written notice given to the approved pharmacist, revoke the permission if the Secretary is satisfied that:
 (a) both:
 (i) the approved pharmacist is able to supply pharmaceutical benefits at the affected premises; and
 (ii) the affected premises are accessible by members of the public for the purpose of receiving pharmaceutical benefits; or
 (b) the approved pharmacist is unable to supply pharmaceutical benefits at the alternative premises; or
 (c) the alternative 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 in the public interest to do so.

Effect of certain State and Territory laws
 (10) Nothing in this section authorises the Secretary to grant a permission under subsection (1) to an approved pharmacist to supply pharmaceutical benefits at premises at which the approved pharmacist is not permitted, under the law of the State or Territory in which the premises are situated, to carry on business.

Minister may determine certain matters for purposes of this section
 (11) The Minister may, by legislative instrument, determine any or all of the following:
 (a) matters to which the Secretary may, must or must not have regard for the purposes of making a decision for the purposes of this section;
 (b) events that are taken to be, or not to be, disasters for the purposes of paragraph (1)(a);
 (c) circumstances that are taken to be, or not to be, exceptional circumstances for the purposes of paragraph (1)(a);
 (d) circumstances in which premises are taken to be, or not to be, in substantially the same locality as other premises for the purposes of paragraph (1)(b) or subparagraph (8)(b)(ii);
 (e) kinds of documentary evidence for the purposes of paragraph (3)(c).