Document ID: chunk:federal_register_of_legislation:C2019A00077:clause:2_91b:p1
Version: federal_register_of_legislation:C2019A00077
Segment Type: clause
Provision Reference: sch 2 cl 91B (pt 1/5)
Character Range: 5285–8203

91B  Application to supply pharmaceutical benefits if approved pharmacist is bankrupt or external administrator in relation to pharmacy

Approved pharmacist is an individual and individual is bankrupt
 (1) If:
 (a) an approval under section 90 in respect of particular premises covers one individual and the individual is bankrupt; and
 (b) the trustee (the applicant) of the estate of the bankrupt individual makes an application to the Secretary for permission to supply pharmaceutical benefits at those premises;
the Secretary must grant, or refuse to grant, the applicant permission to supply pharmaceutical benefits at those premises.

Approved pharmacist is a partnership and partners are bankrupt
 (2) If:
 (a) an approval under section 90 in respect of particular premises covers a partnership that consists only of individuals and each of the partners is bankrupt; and
 (b) either:
 (i) if the same person is the trustee of the estate of each of the bankrupt partners—the trustee (the applicant) makes an application to the Secretary for permission to supply pharmaceutical benefits at those premises; or
 (ii) otherwise—the trustees (the applicant) of the estates of the bankrupt partners make a joint application to the Secretary for permission to supply pharmaceutical benefits at those premises;
the Secretary must grant, or refuse to grant, the applicant permission to supply pharmaceutical benefits at those premises.

External administrator in relation to pharmacy
 (3) If:
 (a) an approval under section 90 is in force in respect of particular premises; and
 (b) there is an external administrator in relation to the pharmacy situated at those premises; and
 (c) the external administrator (the applicant) makes an application to the Secretary for permission to supply pharmaceutical benefits at those premises;
the Secretary must grant, or refuse to grant, the applicant permission to supply pharmaceutical benefits at those premises.
Note: For external administrator, see subsection (16). For pharmacy, see subsection (17).

Application requirements
 (4) An application under subsection (1), (2) or (3) in relation to particular premises must:
 (a) be in writing and in a form approved by the Secretary; and
 (b) unless the Secretary otherwise allows, be made before the end of the period of 10 business days beginning on:
 (i) for an application under subsection (1)—the day the trustee became the trustee of the estate of the bankrupt individual; or
 (ii) for an application under subsection (2)—the first day on which there was a trustee of the estate of each bankrupt partner; or
 (iii) for an application under subsection (3)—the day the applicant 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