Document ID: chunk:federal_register_of_legislation:C2004A04631:body:0:p5
Version: federal_register_of_legislation:C2004A04631
Segment Type: other
Provision Reference: 
Character Range: 10738–13626

prior to admission

19. Section 46AB of the Principal Act is repealed and inserted immediately after section 46A.

Approved pharmacists

20.(1) Section 90 of the Principal Act is amended by inserting after subsection (5) the following subsections:

  "(5A) A pharmacist who:

     (a) before 18 December 1990, was granted an approval to supply pharmaceutical benefits at or from particular premises; and

     (b) supplied pharmaceutical benefits on or before 18 December 1990 from other premises without the Secretary having granted approval under subsection (3) in respect of those other premises;

is to be taken to have been granted in respect of those other premises, or whichever of those premises was the premises from which the pharmacist last supplied pharmaceutical benefits before 18 December 1990, an approval under subsection (3).

"(5B) The reference in paragraph (5A)(b) to supplying pharmaceutical benefits includes a reference to supplying drugs and medicinal preparations for which payment was made as if they were pharmaceutical benefits.

  "(5C) Subsection (5A) does not apply if:

     (a) the approval referred to in paragraph (5A)(a) was not in force immediately before the commencement of section 20 of the Health and Community Services Legislation Amendment Bill (No. 2) 1993; or

     (b) the pharmacist is not permitted, under the law of the State or Territory in which the premises referred to in paragraph (5A)(b) are situated, to carry on business at those premises.".

  (2) If:

     (a) before the commencement of this section, a pharmacist (including a person to whom subsection 90(6) of the Principal Act applies) received from the Commonwealth a payment purportedly made under this Part in respect of the supply of pharmaceutical benefits from particular premises; and

     (b) at the time of the supply, the pharmacist was not approved under section 90 of the Principal Act in respect of those premises; and

     (c) had subsections 90(5A) and 98(4A) of the Principal Act as amended by this Act been in force at the time the payment was made, the payment would have been a payment under this Part;

any right of the Commonwealth to recover the payment is, by force of this subsection, extinguished.

Cancellation by Secretary of approval of pharmacists etc.

21. Section 98 of the Principal Act is amended by inserting after subsection (4) the following subsection:

  "(4A) If a pharmacist:

     (a) before 18 December 1990, was granted an approval to supply pharmaceutical benefits at or from particular premises; and

     (b) because of the operation of subsection 90(5A), is taken to have been granted such an approval in respect of other premises;

the Secretary is taken, immediately after the commencement of section 20 of the Health and Community Services Legislation Amendment Act (No. 2) 1993, to have cancelled the approval in respect