Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 105AE

  (1)   This section applies if:

  (a)   section   90A applies to a decision of the Secretary under section   90 rejecting an application by a pharmacist; and

  (b)   the pharmacist makes a request under section   90B that the Minister exercise the Minister's power under subsection   90A(2) in respect of the Secretary's decision; and

  (c)   the Minister:

  (i)   decides, or is taken to have decided, not to consider the request; or

  (ii)   decides, or is taken to have decided, not to exercise the Minister's power under subsection   90A(2) in respect of the Secretary's decision.

  (2)   For the purpose of making an application to the Administrative Appeals Tribunal or a federal court in respect of the Secretary's decision, the Secretary's decision is taken to have been made on the day on which notice of the Minister's decision is given to the pharmacist under subsection   90B(6).