Document ID: chunk:federal_register_of_legislation:C2005C00407:clause:1_10
Version: federal_register_of_legislation:C2005C00407
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 9017–10042

10  After subsection 90(3AB)
Insert:

 (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 or from 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 period following that grant of probate or those letters of administration and preceding the subsequent transfer of the business;
is unaffected.