Document ID: chunk:federal_register_of_legislation:C2025C00090:section:98:p1
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 98 (pt 1/2)
Character Range: 255618–258391

98  Cancellation by Secretary of approval of pharmacists etc.
 (1) Whenever:
 (a) an approved pharmacist requests that his or her approval under section 90 in respect of all or any of the premises in respect of which he or she is approved be cancelled;
 (aa) a participating dental practitioner requests that his or her approval as a participating dental practitioner under section 84A be cancelled; or
 (b) an approved medical practitioner requests that his or her approval in respect of an area under section 92 be cancelled; or
 (c) an authorised optometrist requests that his or her approval as an authorised optometrist under section 84AAB be cancelled; or
 (d) an authorised midwife requests that his or her approval as an authorised midwife under section 84AAF be cancelled; or
 (e) an authorised nurse practitioner requests that his or her approval as an authorised nurse practitioner under section 84AAJ be cancelled;
the Secretary shall cancel that approval.
 (2) Where:
 (a) an approved pharmacist gives the Secretary notice in writing that the pharmacist has ceased to carry on business as a pharmacist at premises in respect of which the pharmacist is approved; or
 (b) an approved medical practitioner gives the Secretary notice in writing that the medical practitioner has ceased to practise in the area in respect of which the medical practitioner is approved;
the Secretary may (at his or her discretion) cancel the approval.
 (2A) Despite subsections (1) and (2), the Secretary may refuse to cancel an approval of an approved pharmacist in respect of particular premises if:
 (a) the approved pharmacist is bankrupt; or
 (b) there is an external administrator (within the meaning of section 91B) in relation to the pharmacy (within the meaning of that section) situated at those premises.
 (3) If the Secretary is satisfied that:
 (a) an approved pharmacist is not carrying on business as a pharmacist at premises in respect of which the pharmacist is approved; or
 (b) the premises are not accessible by members of the public for the purpose of receiving pharmaceutical benefits at times that, in the opinion of the Secretary, are reasonable;
then the Secretary may (at his or her discretion), by notice in writing to the pharmacist, cancel the approval of the pharmacist under section 90.
 (3AA) If:
 (a) a permission under section 91B is in force in relation to particular premises; and
 (b) the holder of the permission requests that the approval of the pharmacist under section 90 in respect of those premises be cancelled;
the Secretary must cancel the approval. The Secretary must give written notice of the cancellation to the pharmacist and the holder of the permission.
 (3AB) If a permission under section 91B in relation to particular premises