Document ID: chunk:federal_register_of_legislation:C2025C00090:section:90:p3
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 90 (pt 3/4)
Character Range: 204021–206742

was granted an approval to supply pharmaceutical benefits at or from particular premises; and
 (b) supplied pharmaceutical benefits on or before 18 December 1990 from other premises without the Secretary having granted approval under subsection (3) in respect of those other premises;
is to be taken to have been granted in respect of those other premises, or whichever of those premises was the premises from which the pharmacist last supplied pharmaceutical benefits before 18 December 1990, an approval under subsection (3).
 (5B) The reference in paragraph (5A)(b) to supplying pharmaceutical benefits includes a reference to supplying drugs and medicinal preparations for which payment was made as if they were pharmaceutical benefits.
 (5C) Subsection (5A) does not apply if:
 (a) the approval referred to in paragraph (5A)(a) was not in force immediately before the commencement of section 20 of the Health and Community Services Legislation Amendment Bill (No. 2) 1993; or
 (b) the pharmacist is not permitted, under the law of the State or Territory in which the premises referred to in paragraph (5A)(b) are situated, to carry on business at those premises.
 (6) For the purposes of this section, a reference to a pharmacist is taken to include a reference to a person who owns, or is about to own, a business for the supply of pharmaceutical benefits at particular premises.
 (7) Subsection (6) does not permit an application to be made under subsection (1) by a beneficiary of a deceased approved pharmacist who is not himself or herself a pharmacist before the interest in the business of the deceased pharmacist is transferred to the beneficiary in the course of the administration of the estate of the deceased pharmacist.
 (8) Nothing in this section prevents the approval of more than one pharmacist for the purpose of supplying pharmaceutical benefits at particular premises.

Application fee
 (9) An application under subsection (1) or (3) must be accompanied by the application fee determined in an instrument under subsection (10).
 (10) The Minister may, by legislative instrument, determine application fees for applications under subsection (1) or (3).
 (11) The Minister may determine different fees for different kinds of applications.
 (12) A fee must not be such as to amount to taxation.

Consequences of application fee not being paid
 (13) An application under subsection (1) or (3) is not required to be referred under subsection (3A) to the Authority if the applicant has not paid the application fee for the application.
 (14) The Secretary may refuse to make a decision on an application under subsection (1) or (3) if the applicant has not paid the application fee for the application.