Document ID: chunk:federal_register_of_legislation:F2018L01321:reg:6
Version: federal_register_of_legislation:F2018L01321
Segment Type: reg
Provision Reference: reg 6
Character Range: 7977–10186

6  Meaning of approved premises
 (1) In this instrument, approved premises are premises (other than premises that are redundant under subsection (2)) in relation to which:
 (a) an approval granted under section 90 of the Act is in force; or
 (b) the Authority has recommended an applicant be approved under section 90 of the Act and the Secretary has not yet made a decision on the application.
 (2) For the purposes of subsection (1), premises are redundant if all of the following apply:
 (a) the premises are existing premises in relation to an application;
 (b) the Authority has recommended that the applicant who made the application be approved under section 90 of the Act in relation to the proposed premises and the Secretary has not yet made a decision on the application;
 (c) the pharmacist approved in relation to the existing premises has requested, in writing, that if the applicant is to be approved in relation to the proposed premises, the existing approval will be cancelled immediately before the approval in relation to the proposed premises is granted;
 (d) the pharmacist approved in relation to the existing premises has ceased to carry on business as a pharmacist at the approved premises;
 (e) the Secretary:
 (i) is aware of the cessation and of the reason for it; and
 (ii) has agreed to cancel the existing approval only in accordance with a request of the kind mentioned in paragraph (c).
Note 1: Under paragraph 90E(b) of the Act, references in the Act to an approval granted under section 90 of the Act include references to an approval treated as having been granted under section 90 by paragraph 90E(a) of the Act.
Note 2: Under the Act, references to an approval granted under section 90 of the Act may include references to other approvals treated as having been granted under section 90. For example, see subsection 91(7) of the Act.
 (3) Despite paragraph (1)(b), if:
 (a) premises relate to an application made by an applicant under Part 1 of Schedule 1; and
 (b) the Authority has recommended the applicant be approved under section 90 of the Act;
the premises are taken not to be approved premises for the purposes of items 132, 134 and 134A of Part 2 of Schedule 1.