Document ID: chunk:federal_register_of_legislation:C2006A00037:clause:2_90b
Version: federal_register_of_legislation:C2006A00037
Segment Type: clause
Provision Reference: sch 2 cl 90B
Character Range: 7551–9912

90B  Request to Minister to approve pharmacist

 (1) If section 90A applies to a decision of the Secretary under section 90 rejecting an application by a pharmacist, the pharmacist may, in writing, request the Minister to exercise the Minister's power under subsection 90A(2) in respect of the Secretary's decision.

 (2) The Minister may determine the form in which a request under subsection (1) must be made and, if the Minister does so, such a request must be made in that form.

 (3) A request under subsection (1) must be made:
 (a) within 30 days after the pharmacist is notified of the Secretary's decision; or
 (b) if the pharmacist has applied to the Administrative Appeals Tribunal for review of the Secretary's decision—within 30 days after:
 (i) the pharmacist is given a copy of the Administrative Appeals Tribunal's decision affirming the Secretary's decision; or
 (ii) the application has been discontinued, withdrawn or dismissed; or
 (c) if the pharmacist has sought an order from a federal court in respect of the Secretary's decision or a decision of the Administrative Appeals Tribunal affirming the Secretary's decision—within 30 days after:
 (i) the court has made an order affirming the Secretary's decision or the Administrative Appeals Tribunal's decision, as the case requires; or
 (ii) the court proceeding has been discontinued, withdrawn or dismissed.

 (4) The Minister must, within 3 months after receiving a request under subsection (1), personally decide whether to consider the request. If the Minister has not made a decision within this period, the Minister is taken to have decided not to consider the request.

 (5) If the Minister decides to consider a request under subsection (1), the Minister must, within 3 months after making that decision, personally decide whether to exercise the power under subsection 90A(2) in respect of the Secretary's decision. If the Minister has not made a decision within this period, the Minister is taken to have decided not to exercise the power under subsection 90A(2) in respect of the Secretary's decision.

 (6) The Secretary must, by notice in writing, advise the pharmacist of:
 (a) the decision made, or taken to have been made, by the Minister under subsection (4); and
 (b) if applicable, the decision made, or taken to have been made, by the Minister under subsection (5).