Document ID: chunk:federal_register_of_legislation:F2018L01321:clause:2_312
Version: federal_register_of_legislation:F2018L01321
Segment Type: clause
Provision Reference: sch 2 cl 312
Character Range: 34423–38694

312                                                                                         The Authority is satisfied that:
                                                                                            (a) one or more approvals in relation to the existing premises were in force, immediately before the day the application was made, for a continuous period of at least 5 years; or
                                                                                            (b) if paragraph (a) does not apply:
                                                                                            (i) the application is of the kind mentioned in item 122 of Part 1 of Schedule 1; or
                                                                                            (ii) the application is of the kind mentioned in item 123 of Part 1 of Schedule 1; or
                                                                                            (iii) the purpose of the application is to allow the pharmacy operated by the applicant at the existing premises to move to the proposed premises while the existing premises are renovated or refurbished and the application is not of the kind mentioned in item 125 of Part 1 of Schedule 1; or
                                                                                            (iv) the proposed premises are renovated or refurbished premises that are the same, or substantially the same, premises previously occupied by the pharmacy operated by the applicant or by the previous owner of the pharmacy and the application is not of the kind mentioned in item 125 of Part 1 of Schedule 1; or
                                                                                            (v) because of a disaster or exceptional circumstances pharmaceutical benefits are unable to be supplied at the existing premises, and will not be able to be supplied at the existing premises in the future, and the application is not of the kind mentioned in item 125 of Part 1 of Schedule 1; or
                                                                                            (vi) both of the following apply:
                                                                                            (A) the application involves the cancellation of an existing approval that was granted following an application of the kind mentioned in subsection 90(3AE) of the Act;
                                                                                            (B) the existing approval, and the approval the cancellation of which was involved in the application for the existing approval, have been in force for a total of at least 5 years; or
                                                                                            (vii) the application:
                                                                                            (A) is of the kind mentioned in subsection 90(3AE) of the Act; and
                                                                                            (B) has been referred to the Authority under subsection 90(3AF) of the Act

Part 2—Requirements for certain kinds of applications involving cancellation of existing approval

Requirements for applications involving cancellation of existing approval—particular applications
Item                                                                                               Column 1                                                                                                                                                                                                                                                                                                                                                  Column 2

                                                                                                   Description of application                                                                                                                                                                                                                                                                                                                                Requirement