Document ID: chunk:federal_register_of_legislation:C2005C00407:clause:1_91:p2
Version: federal_register_of_legislation:C2005C00407
Segment Type: clause
Provision Reference: sch 1 cl 91 (pt 2/3)
Character Range: 13125–15846

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or documents are not provided or produced within that period, the Secretary may treat the application as having been withdrawn.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 applicant. If the Secretary decides to refuse an application, the notice must include reasons for the refusal.

 (7) If the Secretary grants an applicant permission to supply pharmaceutical benefits at or from premises the subject of the application:
 (a) the person granted that permission is to be treated for all purposes of this Act as if the person is, and, since the referral day in relation to the permission, had been, approved under section 90 as an approved pharmacist in relation to the pharmacy at those premises; and
 (b) any supply of pharmaceutical benefits at or from those premises by a pharmacist who is not an approved pharmacist after the referral day in relation to the permission and before the grant of that permission is to be treated as if it had been a supply of those pharmaceutical benefits by the person to whom the permission is granted; 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); 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 under paragraph 92A(1)(f)) apply also to an approval that is treated as having been granted under section 90 by paragraph (a); and
 (e) the rights conferred and obligations imposed on an approved pharmacist apply to that person in his or her activities as such an approved pharmacist.

 (8) For the purposes of subsection (7), the referral day, in relation to a permission granted under this section, is:
 (a) unless paragraph (b) applies—the day following the date of death of the deceased pharmacist to whom the application for permission related; or
 (b) if there has been a prior permission granted under this section in relation to the premises to which the permission relates—the day following the date the prior permission was revoked.

 (9) A permission granted to a person under subsection (1) in relation to particular premises continues, unless it is sooner revoked, until that person or another person is approved by the Secretary under section 90 in respect of those premises.

 (10) Nothing in this section authorises the Secretary to grant a permission under subsection (1) to a person to supply pharmaceutical benefits at or from