Federal Register of Legislation - Australian Government

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No. PB 1 of 2006 Determinations/Health as made
The determination amends the existing Rules to preclude pharmacies which are located within, adjacent to, or connected to, a supermarket, and to which members of the public have direct access from within the premises of the supermarket, from being recommended by the ACPA for approval under section 90 of the Act to supply pharmaceutical benefits.
Administered by: Health
Registered 23 Dec 2005
Tabling HistoryDate
Tabled HR07-Feb-2006
Tabled Senate07-Feb-2006
Date of repeal 30 Dec 2005
Repealed by Pharmaceutical Benefits Determination under subsection 99L (1) (No. PB 8 of 2006)

Pharmaceutical Benefits

Determination under subsection 99L (1)

No. PB 1 of 2006

I, TONY ABBOTT, Minister for Health and Ageing, make this Determination under subsection 99L (1) of the National Health Act 1953.

Dated                              23 / 12 /  2005

 

Tony Abbott

 


1              Commencement

                This Determination commences on 1 January 2006.

2              Termination

                This Determination ceases to have effect after 30 June 2006.

3              Amendment of Determination under subsection 99L (1) of the National Health Act 1953

                Schedule 1 amends the Determination made under subsection 99L (1) of the National Health Act 1953 on 11 July 2000, as amended.

 


Schedule 1        Amendments

(section 2)

 

[1]           Subparagraph 2 (a), after definition of “pharmacy”

insert

“supermarket”:

                (a)    includes any retail store, or market, selling food and other domestic goods, whether or not by self-service operation and regardless of size; and

               (b)    does not include a retail store or market:

                          (i)    commonly known as a department store; or

                         (ii)    in any case — in which food or produce is sold only in a café, coffee shop, restaurant or other prepared food or beverage counter;

[2]           Paragraph 5

omit

Approval

insert

Subject to paragraph 5A, approval

[3]           After paragraph 5

insert

5A.          A recommendation must not be made under paragraph 5 in relation to an applicant’s premises if:

                (a)    the applicant’s premises are within, adjacent to or connected to, a supermarket; and

               (b)    members of the public have direct access to the applicant’s premises from within the premises of the supermarket.

[4]           Paragraph 6

omit

Subject to paragraphs 8 and 9,

insert

Subject to paragraphs 8, 9 and 9A,

[5]           Paragraph 6A

omit

Subject to paragraphs 8 and 9,

insert

Subject to paragraphs 8, 9 and 9A,

[6]           Paragraph 6B

omit

Subject to paragraphs 8 and 9,

insert

Subject to paragraphs 8, 9 and 9A,

[7]           Paragraph 7

omit

Subject to paragraphs 8 and 9,

insert

Subject to paragraphs 8, 9 and 9A,

[8]           After paragraph 9

insert

9A.          A recommendation must not be made under paragraph 6, 6A, 6B or 7 in relation to an applicant’s premises if:

                (a)    the applicant’s premises are within, adjacent to or connected to, a supermarket; and

               (b)    members of the public have direct access to the applicant’s premises from within the premises of the supermarket.