Document ID: chunk:federal_register_of_legislation:C2004A04427:body:0:p7
Version: federal_register_of_legislation:C2004A04427
Segment Type: other
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Character Range: 16391–19268

Act for and on behalf of a person to whom subsection 90(6) of the Principal Act as amended by this Act applies, the approval is taken to have been an approval of the last-mentioned person.

Approvals to be subject to conditions

  42. Section 92A of the Principal Act is amended:

    (a)     by omitting from subsection (1) "a pharmacist or a medical practitioner" and substituting "a person as an approved pharmacist, or the approval of a medical practitioner,";

    (b)    by omitting from subparagraph (1)(ca)(ii) "the pharmacist" and substituting "the approved pharmacist";

    (c)     by omitting from paragraph (1)(ca) "the pharmacist" (last occurring) and substituting "the approved pharmacist".

Suspension or revocation of approval or authorisation

43. Section 95 of the Principal Act is amended by adding at the end the following subsection:

"(10) For the purposes of this section, a reference to a pharmacist is taken to include a person to whom subsection 90(6) applies.".

Cancellation by Secretary of approval of pharmacists etc.

  44. Section 98 of the Principal Act is amended:

  (a) by omitting from subsection (3) "has, for a period of not less

     than 6 months, ceased to carry on" and substituting "is not carrying on";

     (b)    by omitting from subsection (3A) "has, for a period of not less than 6 months, ceased to practise" and substituting "is not practising";

     (c)     by omitting from subsection (4) "a pharmacist becomes approved" and substituting "a person becomes an approved pharmacist";

   (d)    by adding at the end the following subsection:

     "(5) A reference in this section to an approved pharmacist carrying on business as a pharmacist at premises is a reference, in the case of an approved pharmacist to whom subsection 90(6) applies, to an approved pharmacist carrying on a business for the supply of pharmaceutical benefits at or from the premises.".

Cancellation by Minister of approval of hospital

45. Section 98AA of the Principal Act is amended by omitting from subsection (3) "has, for a period of not less than 6 months, ceased to conduct" and substituting "is not conducting".

Functions

46. Section 99K of the Principal Act is amended by omitting from paragraph (l)(a) "made by pharmacists".

Interpretation

47. Section 99Z of the Principal Act is amended by adding at the end the following definition:

" 'pharmacist' means an approved pharmacist.".

Application for review by Tribunal

48. Section 105AB of the Principal Act is amended by omitting from subsection (7) "of a pharmacist".

Effect of prosecution for offence

49. Section 133 of the Principal Act is amended by adding at the end the following subsection:

  "(7) In this section:

'approved pharmacist' has the same meaning as in Part VII;

'pharmacist' includes a person to whom subsection 90(6) applies.".

Evidence

50. Section 139A