Commonwealth Consolidated Acts

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NATIONAL HEALTH ACT 1953 - SECT 90A

Minister may substitute decision approving pharmacist

             (1)  This section applies in relation to a decision of the Secretary under section 90 rejecting an application by a pharmacist for approval to supply pharmaceutical benefits at particular premises, if:

                     (a)  the application was made on or after 1 July 2006; and

                     (b)  the decision was made on the basis that the application did not comply with the requirements of the relevant rules determined by the Minister under section 99L.

             (2)  The Minister may substitute for the Secretary's decision a decision approving the pharmacist for the purpose of supplying pharmaceutical benefits at the particular premises if the Minister is satisfied that:

                     (a)  the Secretary's decision will result in a community being left without reasonable access to pharmaceutical benefits supplied by an approved pharmacist; and

                     (b)  it is in the public interest to approve the pharmacist.

             (3)  For the purposes of subsection (2):

"community" means a group of people that, in the opinion of the Minister, constitutes a community.

"reasonable access" , in relation to pharmaceutical benefits supplied by an approved pharmacist, means access that, in the opinion of the Minister, is reasonable.

             (4)  The power under subsection (2) may only be exercised:

                     (a)  on request by the pharmacist made under section 90B; and

                     (b)  by the Minister personally.

             (5)  Subject to subsection 90B(5), the Minister does not have a duty to consider whether to exercise the power under subsection (2) in respect of the Secretary's decision.

             (6)  The power under subsection (2) does not authorise the Minister to approve a pharmacist for the purpose of supplying pharmaceutical benefits at particular premises at which the pharmacist is not permitted, under the law of the State or Territory in which the premises are situated, to carry on business.

             (7)  A decision by the Minister not to exercise the power under subsection (2) in respect of the Secretary's decision does not prevent the pharmacist from making an application to the Administrative Appeals Tribunal under subsection 105AB(7) for review of the Secretary's decision.

             (8)  For the purposes of this section (other than subsection (7)):

                     (a)  a reference to a decision of the Secretary includes a reference to a decision of the Secretary that has been affirmed by a decision of the Administrative Appeals Tribunal or an order of a federal court; and

                     (b)  a reference to a decision of the Administrative Appeals Tribunal includes a reference to a decision of the Administrative Appeals Tribunal that has been affirmed by an order of a federal court.



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