Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 105AD

  (1)   In this section:

"Authority" means the Australian Community Pharmacy Authority.

"reviewable recommendation" means a recommendation of the Authority referred to in paragraph   (2)(a) or (aa).

  (2)   An application may be made to the Tribunal for review of the following recommendations of the Authority:

  (a)   a recommendation made under subparagraph   99K(1)(b)(i) that an applicant under section   90 not be approved under that section in respect of particular premises;

  (aa)   a recommendation made under subparagraph   99K(1)(b)(ii) as to the conditions (if any) to which an approval under section   90 should be subject.

  (3)   If:

  (a)   a person (in this section called the applicant ) applies under section   90; and

  (b)   the Authority makes a reviewable recommendation in respect of that application;

the Chairperson of the Authority must, within 28 days after the Authority makes the recommendation, cause a notice to be given to the applicant containing the following material:

  (c)   the terms of the recommendation;

  (d)   a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Tribunal for review of that recommendation;

  (e)   a statement that, except where subsection   28(4) of that Act applies, the applicant may request a statement under section   28 of that Act.

  (4)   Failure to comply with subsection   (3) does not affect the validity of the Authority's recommendation.