Document ID: chunk:federal_register_of_legislation:C2025C00090:section:90:p2
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 90 (pt 2/4)
Character Range: 201474–204289

date of death of the owner, any permission to supply pharmaceutical benefits at 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.
 (3AE) Subsection (3A) does not apply to an application for an approval if:
 (a) the application arises out of an expansion or contraction of particular premises (the original premises) at which a pharmacy is situated; and
 (b) the expanded or contracted premises occupy any of the space occupied by the original premises.
 (3AF) However, the Secretary may, at his or her discretion, refer to the Authority an application referred to in subsection (3AE).
 (3B) An approval may be granted under this section in respect of an application that has been referred to the Authority under subsection (3A) or (3AF) only if the Authority has recommended the grant of the approval, but the Secretary may refuse to grant an approval even if the grant has been recommended by the Authority.
 (3D) The Secretary must not grant approval under this section to a pharmacist in respect of particular premises if the Secretary is satisfied that on or after the day the approval would otherwise be granted:
 (a) the pharmacist would be unable to supply pharmaceutical benefits at the premises; or
 (b) the premises would not be accessible by members of the public for the purpose of receiving pharmaceutical benefits at times that, in the opinion of the Secretary, are reasonable.
 (4) Nothing in this section authorizes the Secretary to grant approval to a pharmacist in respect of premises at which that pharmacist is not permitted, under the law of the State or Territory in which the premises are situated, to carry on business.
 (5) Where the Secretary makes a decision granting or rejecting an application made by a pharmacist under this section, the Secretary shall cause to be served on the pharmacist, notice in writing of that decision.
Note: In certain circumstances, the Minister may substitute for a decision of the Secretary rejecting an application for approval, a decision granting the approval (see section 90A).
 (5AA) If, under this section, a pharmacist is granted approval to supply pharmaceutical benefits at particular premises, the pharmacist may also supply pharmaceutical benefits from those premises.
 (5A) A pharmacist who:
 (a) before 18 December 1990, 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