Document ID: chunk:federal_register_of_legislation:C2019A00077:clause:2_91b:p2
Version: federal_register_of_legislation:C2019A00077
Segment Type: clause
Provision Reference: sch 2 cl 91B (pt 2/5)
Character Range: 7957–10769

became the external administrator; and
 (c) be accompanied by documentary evidence that:
 (i) for an application under subsection (1) or (2)—there is a trustee of the estate of the bankrupt individual or of the estate of each bankrupt partner; or
 (ii) for an application under subsection (3)—there is an external administrator in relation to the pharmacy; and
 (d) be accompanied by a statement setting out:
 (i) whether, at the time of the application, the pharmacy situated at the premises is operating at the premises; and
 (ii) if the pharmacy is not operating at the premises—the day the pharmacy ceased operating and the day of the proposed resumption of operation; and
 (iii) the grounds on which the applicant considers the pharmacy can continue or resume operating at the premises.

Secretary may require further information or documents
 (5) For the purposes of considering the application, the Secretary may, by written notice given to the applicant, require the applicant to give the Secretary further specified information, or produce to the Secretary further specified documents, within a specified period.
 (6) If the applicant does not give the information, or produce the documents, within the specified period, the Secretary may treat the application as having been withdrawn.

Rules about grant of permission
 (7) The Secretary must, under subsection (1), (2) or (3), grant the applicant permission to supply pharmaceutical benefits at the premises if the Secretary is satisfied that:
 (a) at the time of the application, the pharmacy situated at the premises is operating at the premises; and
 (b) the pharmacy can continue operating after the grant of the permission; and
 (c) the premises are accessible by members of the public for the purpose of receiving pharmaceutical benefits at times that, in the opinion of the Secretary, are reasonable.
Note: If, at the time of the application, the pharmacy situated at the premises is not operating at the premises, the Secretary is still able to grant the permission under subsection (1), (2) or (3).
 (8) However, while a permission granted under this section is in force in relation to particular premises, the Secretary must not grant any further permission under this section in relation to those premises.

Notifying decision on application
 (9) The Secretary must:
 (a) give the applicant written notice of the Secretary's decision on the application; and
 (b) if the Secretary refuses to grant the permission—state in the notice the reasons for the refusal.

Effect of permission
 (10) If the Secretary grants a permission under subsection (1), (2) or (3) to supply pharmaceutical benefits at particular premises:
 (a) the holder of the permission is to be treated for all purposes of this Act as if the holder were, on and after the day