Document ID: chunk:federal_register_of_legislation:F2018L01321:reg:10:p1
Version: federal_register_of_legislation:F2018L01321
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 13597–16279

10  When Authority must recommend applicant be approved

Applications involving the cancellation of an existing approval
 (1) For an application that involves the cancellation of an approval (the existing approval) that is in force in relation to approved premises (the existing premises), the Authority must recommend that an applicant be approved under section 90 of the Act in relation to particular premises if:
 (a) the application is of a kind mentioned in column 1 of an item in Part 1 of Schedule 1; and
 (b) the following requirements are met in relation to the application:
 (i) the requirements in column 2 of that item;
 (ii) the requirements in subsection (3);
 (iii) the requirements in Part 1 of Schedule 2;
 (iv) if a minimum gross leasable area of a group of shops and associated facilities, or of a supermarket, is relevant—the requirements in subsection (4);
 (v) if the application is of a kind mentioned in column 1 of an item of Part 2 of Schedule 2—the requirement in column 2 of that item.
Note: For example, for the purposes of subparagraph (1)(b)(iv), minimum gross leasable area is relevant to an application for proposed premises in a large shopping centre. This is because the definition of large shopping centre requires the group of shops and associated facilities to have a gross leasable area of at least 5,000 m2 and contain a supermarket that has a gross leasable area of at least 2,500 m2.

Applications not involving the cancellation of an existing approval
 (2) For an application that does not involve the cancellation of an existing approval, the Authority must recommend that an applicant be approved under section 90 of the Act in relation to particular premises if:
 (a) the application is of a kind mentioned in column 1 of an item in Part 2 of Schedule 1; and
 (b) the following requirements are met in relation to the application:
 (i) the requirements in column 2 of that item;
 (ii) the requirements in subsection (3).

General requirements
 (3) For the purposes of subparagraphs (1)(b)(ii) and (2)(b)(ii), the requirements are that the Authority is satisfied that:
 (a) at all relevant times the proposed premises are not approved premises; and
 (b) the applicant has, at all relevant times, a legal right to occupy the proposed premises (whether the right is to occupy the premises on the day the application is made or after that day); and
 (c) at all relevant times the proposed premises could be used for the operation of a pharmacy under applicable local government and State or Territory laws relating to land development; and
 (d) the proposed premises would be accessible by the public; and
 (e) within 6 months after the day