Document ID: chunk:federal_register_of_legislation:C2025C00090:section:90:p1
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 90 (pt 1/4)
Character Range: 199032–201713

90  Approved pharmacists
 (1) Subject to this section, the Secretary may, upon application by a pharmacist for approval to supply pharmaceutical benefits at particular premises, approve that pharmacist for the purpose of supplying pharmaceutical benefits at those premises.
Note: There is an application fee for the application: see subsection (9).
 (2) Where a pharmacist desires to supply pharmaceutical benefits at more than 1 premises, a separate application under subsection (1) shall be made in respect of each of the premises and, where approval is granted in respect of 2 or more premises, a separate approval shall be granted in respect of each of the premises.
 (3) Subject to this section, where an approved pharmacist desires to supply pharmaceutical benefits at premises other than premises in respect of which approval has been granted, the Secretary may on application by the approved pharmacist, grant approval in respect of those other premises.
Note: There is an application fee for the application: see subsection (9).
 (3A) Subject to subsections (3AA), (3AE) and (13), an application under this section must be referred to the Authority.
 (3AA) Subsection (3A) does not apply to an application for an approval arising out of a change in the ownership of a pharmacy situated at particular premises if the change results or resulted from:
 (a) the sale of the pharmacy; or
 (b) the acquisition, following the death of a person who was the owner or one of the owners of the pharmacy, of that person's interest in the business of the pharmacy; or
 (c) a change in the constitution of a partnership that owned the pharmacy;
if the pharmacy is to continue to operate at the same premises.
 (3AB) In subsections (3AA) and (3AE):
pharmacy means a business in the course of the carrying on of which pharmaceutical benefits are supplied.
 (3AC) For the purposes of paragraph (3AA)(b), if a person who is the owner or one of the owners of the business of a pharmacy dies, another person will be taken to have acquired the interest of the deceased person only after:
 (a) a grant of probate of the will, or letters of administration of the estate, of the owner who has died, by a court of a State or Territory having jurisdiction in relation to the owner; and
 (b) the transfer to that other person of that interest.
 (3AD) Despite the grant of that probate or those letters of administration being taken to have had effect from the date of death of the owner, any permission to supply pharmaceutical benefits at particular premises that is granted under section 91 in respect of:
 (a) a period preceding that grant of probate or those letters of administration; or
 (b) a