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PB 65 of 2011 Determinations/Health as amended.
Administered by: Health
Registered 03 Dec 2015
Start Date 10 Nov 2015

National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (PB 65 of 2011)

made under subsection 99L(1) of the

National Health Act 1953

Compilation No. 2

Compilation date:                              10 November 2015

Includes amendments up to:            PB 89 of 2015

Registered:                                         3 December 2015

 

 

About this compilation

This compilation

This is a compilation of the National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (PB 65 of 2011) that shows the text of the law as amended and in force on 10 November 2015.

This compilation was prepared on 3 December 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name of Determination................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Revocation..................................................................................................................... 1

4............ Transitional.................................................................................................................... 1

5............ Interpretation................................................................................................................. 1

6............ Meanings of approved premises and redundant premises............................................ 4

7............ Meaning of commercial establishment.......................................................................... 4

8............ Measurement of distance between premises.................................................................. 5

9............ Information to be considered by Authority.................................................................... 6

Part 2—Recommendations by Authority                                                                                          7

10.......... When Authority must recommend approval of applicant............................................... 7

11.......... When Authority must recommend applicant not be approved....................................... 7

Schedule 1—Kinds of applications, and requirements in relation to those applications                                                                                                                                                     8

Part 1—Applications involving cancellation of existing approval                                      8

Part 2—Applications not involving cancellation of existing approval                              9

Schedule 2—General requirements                                                                                     11

Schedule 3—Requirements for applications involving cancellation of existing approval                                                                                                                                                   12

Part 1—All applications                                                                                                                              12

Part 2—Particular applications                                                                                                             13

Endnotes                                                                                                                                                               16

Endnote 1—About the endnotes                                                                                                      16

Endnote 2—Abbreviation key                                                                                                          17

Endnote 3—Legislation history                                                                                                       18

Endnote 4—Amendment history                                                                                                     19

 


Part 1Preliminary

  

1  Name of Determination

             (1)  This Determination is the National Health (Australian Community Pharmacy Authority Rules) Determination 2011.

             (2)  This Determination may also be cited as Determination No. PB 65 of 2011.

2  Commencement

                   This Determination commences on 18 October 2011.

3  Revocation

                   The National Health (Australian Community Pharmacy Authority Rules) Determination 2006 made by the Minister on 21 June 2006, also known as Determination No. PB 23 of 2006, is revoked.

4  Transitional

                   The National Health (Australian Community Pharmacy Authority Rules) Determination 2011, also known as Determination No. PB 65 of 2011, as in force immediately before 10 November 2015, continues to apply in relation to the consideration, by the Authority, of an application made before 10 November 2015.

5  Interpretation

             (1)  In this Determination:

Act means the National Health Act 1953.

all relevant times means:

                     (a)  on the day on which the application was made; and

                     (b)  the day on which the application is considered by the Authority.

application means an application under section 90 of the Act referred to the Authority.

Note:          This Determination divides applications for approvals in relation to proposed premises into 2 classes:

·      applications that involve the cancellation of an existing approval (see Part 1 of Schedule 1); and

·      applications that do not involve the cancellation of an existing approval (see Part 2 of Schedule 1).

approved premises has the meaning given by subsection 6(1).

commercial establishment has the meaning given by section 7.

existing approval has the meaning given by paragraph 10(a).

existing premises has the meaning given by paragraph 10(a).

facility means:

                     (a)  a small shopping centre; or

                     (b)  a large shopping centre; or

                     (c)  a large medical centre; or

                     (d)  a large private hospital.

full-time means:

                     (a)  for a prescribing medical practitioner, providing the services of a prescribing medical practitioner for 38 hours in a week; and

                     (b)  for a PBS prescriber, providing the services of a PBS prescriber for 38 hours in a week.

gross leasable area means:

                     (a)  for a small shopping centre or a large shopping centre—the total floor area of the small shopping centre or the large shopping centre excluding loading docks and car parks; or

                     (b)  for a supermarket—the total floor area of the supermarket that is accessible by customers for the purpose of purchasing supermarket items, excluding loading docks and car parks.

large medical centre means a medical centre that:

                     (a)  is under single management; and

                     (b)  operates for at least 70 hours each week; and

                     (c)  has one or more prescribing medical practitioners at the centre for at least 70 hours each week.

large private hospital means a private hospital that can admit at least 150 patients at any one time in accordance with the private hospital’s license or registration under the law of the State or Territory in which the private hospital is located.

large shopping centre means:

                     (a)  a group of shops and associated facilities that is under single management; and

                     (b)  has a gross leasable area of at least 5 000 m2; and

                     (c)  contains a supermarket that occupies a gross leasable area of at least 1 000 m2; and

                     (d)  contains at least 50 other commercial establishments; and

                     (e)  has customer parking facilities.

pharmacy has the meaning given by subsection 90(3AB) of the Act.

prescribing medical practitioner means a medical practitioner who provides general practice services to the community in which he or she practises, including the issuing of prescriptions for pharmaceutical benefits.

proposed premises, in relation to an application, means the premises at which an applicant proposes to supply pharmaceutical benefits.

single management, for a small shopping centre, a large shopping centre or a  medical centre:

                     (a)  means an arrangement in which a single entity, or 2 or more entities working cooperatively under an agreement, is responsible for marketing, maintenance and administration for the centre as a whole; and

                     (b)  does not include independent owners or tenants of premises in a building or centre that cooperate:

                              (i)  on particular occasions; or

                             (ii)  in relation to some, but not all, of the matters mentioned in paragraph (a) in relation to the building or centre.

small shopping centre means:

                     (a)  a group of shops and associated facilities that is under single management; and

                     (b)  has a gross leasable area of at least 5 000 m2; and

                     (c)  contains a supermarket that occupies a gross leasable area of at least 2 500 m2; and

                     (d)  contains at least 15 other commercial establishments; and

                     (e)  has customer parking facilities.

supermarket means a retail store or market the primary business of which is the sale of a range of food, beverages, groceries and other domestic goods.

Note 1:       Authority, PBS prescriber and pharmaceutical benefit are defined in subsection 84(1) of the Act. Pharmacist and Secretary are defined in subsection 4(1) of the Act.

Note 2:       Medical practitioner and private hospital are defined in subsection 3(1) of the Health Insurance Act 1973 and have the same meaning in the Act as in the Health Insurance Act 1973—see subsection 4(1A) of the Act.

Same town

             (2)  If proposed premises are required to be in the same town as an approved premises, the proposed premises are taken to be in the same town if they are located in the same town and postcode as the approved premises.

             (3)  If proposed premises are required to be in the same town as an existing premises, the proposed premises are taken to be in the same town if they are located in the same town and postcode as the existing premises.

6  Meanings of approved premises and redundant premises

             (1)  In this Determination, approved premises are premises, other than premises that are redundant under subsection (2):

                     (a)  in relation to which an approval granted under section 90 of the Act is in force; or

                     (b)  in relation to which the Authority has recommended an applicant be approved under section 90 of the Act.

             (2)  Premises are redundant if all of the following apply:

                     (a)  the premises are existing premises in relation to an application;

                     (b)  the Authority has recommended that the applicant who made the application be approved under section 90 of the Act in relation to the proposed premises;

                     (c)  the pharmacist approved in relation to the existing premises has requested, in writing, that if the applicant is to be approved in relation to the proposed premises, the existing approval will be cancelled immediately before the approval in relation to the proposed premises is granted;

                     (d)  the pharmacist approved in relation to the existing premises has ceased to carry on business as a pharmacist at the approved premises;

                     (e)  the Secretary:

                              (i)  is aware of the cessation and of the reason for it; and

                             (ii)  has agreed to cancel the existing approval only in accordance with a request of the kind mentioned in paragraph (c).

Note 1:       Under paragraph 90E(b) of the Act, references in the Act to an approval granted under section 90 of the Act include references to an approval treated as having been granted under section 90 by paragraph 90E(a) of the Act.

Note 2:       Under paragraph 91(7)(c) of the Act, references in the Act to an approval granted under section 90 of the Act include references to an approval treated as having been granted under section 90 by paragraph 91(7)(a) of the Act.

             (3)  When counting the number of approved premises in Item 132(1) and Item 134(2), approved premises for the purpose of subsection 6(1)(b) shall not include premises recommended to be approved by the Authority under Items 122, 123 or 124 of Schedule 1.

7  Meaning of commercial establishment

             (1)  In this Determination, subject to subsection (2):

commercial establishment means premises:

                     (a)  in a small shopping centre or a large shopping centre; and

                     (b)  occupied by, or likely to be occupied by:

                              (i)  a shop where goods, food or beverages are sold retail; or

                             (ii)  a bar, café, restaurant or takeaway; or

                            (iii)  a business that provides services to customers.

             (2)  For subsection (1), commercial establishment does not include:

                     (a)  commercial office space; or

                     (b)  premises occupied by an accountant, analyst, architect, engineer, lawyer, planner, stockbroker or surveyor, unless the premises are occupied as a shopfront; or

                     (c)  premises occupied by a real estate agent or an insurance company, agent or broker, unless the premises are occupied as a shopfront for the real estate agent or insurance company; or

                     (d)  a council office or government or statutory corporation office or shopfront, other than an Australia Post shopfront, an Australian Broadcasting Corporation shop or a Medicare or Centrelink shopfront; or

                     (e)  a car wash or car parking facilities; or

                      (f)  a library; or

                     (g)  a kindergarten or preschool; or

                     (h)  a child care centre or child minding facility, unless the centre or facility is regularly available for use by customers of the small shopping centre or the large shopping centre while the customers are at the small shopping centre or the large shopping; or

                      (i)  a storeroom or storage area; or

                      (j)  a temporary selling point; or

                     (k)  an automatic teller machine or automatic dispensing machine.

             (3)  In working out the number of commercial establishments in a small shopping centre or a large shopping centre:

                     (a)  2 or more commercial establishments occupied by, or likely to be occupied by, one business are counted as one commercial establishment; and

                     (b)  the maximum number of shopfronts for accountants, analysts, architects, engineers, lawyers, planners, stockbrokers or surveyors that can be counted towards the total number of commercial establishments in a small shopping centre or a large shopping centre is:

                              (i)  for a small shopping centre—one; or

                             (ii)  for a large shopping centre—2.

8  Measurement of distance between premises

             (1)  In this Determination, a reference to the distance between 2 premises in a straight line is a reference to the distance, measured in a straight line, from the centre, at ground level, of the public entrance of the first premises to the centre, at ground level, of the public entrance of the second premises.

             (2)  In this Determination, a reference to the distance between 2 premises by the shortest lawful access route is a reference to the distance, measured by following the shortest lawful access route between the 2 premises, from the centre, at ground level, of the public entrance of the first premises to the centre, at ground level, of the public entrance of the second premises.

             (3)  If either premises has more than one public entrance, a reference to the distance between the 2 premises is a reference to the shortest such measurement that can be made in relation to the 2 premises.

9  Information to be considered by Authority

                   The Authority may consider information provided by an applicant only if:

                     (a)  the information was given at the time the application was made; or

                     (b)  the Authority requested the information.

Part 2Recommendations by Authority

  

10  When Authority must recommend approval of applicant

                   The Authority must recommend that an applicant be approved under section 90 of the Act in relation to particular premises if:

                     (a)  for an application that involves the cancellation of an approval (the existing approval) that is in force in relation to approved premises (the existing premises):

                              (i)  the application states that it is one of the kinds mentioned in column 2 of an item in Part 1 of Schedule 1; and

                             (ii)  all the requirements set out in column 3 of that item are met; and

                            (iii)  all the requirements set out in Schedule 2 and Part 1 of Schedule 3 are met; and

                            (iv)  for an application described in column 2 of an item of Part 2 of Schedule 3—the requirement set out in column 3 of that item is met; and

                     (b)  for any other application:

                              (i)  the application states that it is one of the kinds mentioned in column 2 of an item in Part 2 of Schedule 1; and

                             (ii)  all the requirements set out in column 3 of that item are met; and

                            (iii)  all the requirements set out in Schedule 2 are met.

11  When Authority must recommend applicant not be approved

The Authority must recommend that an applicant not be approved under section 90 of the Act in relation to particular premises if:

                     (a)  a requirement, under paragraph 10(a) or (b), that applies in relation to the application is not met; or

                     (b)  an application involves the cancellation of an existing approval and that existing approval is subject to a recommendation by the Authority that an applicant be approved under section 90 of the Act.


Schedule 1Kinds of applications, and requirements in relation to those applications

(section 10)

Part 1Applications involving cancellation of existing approval

 

Item

Kind of application

Requirements

121

Expansion or contraction

The application:

(a) is of the kind mentioned in subsection 90(3AE) of the Act; and

(b) has been referred to the Authority under subsection 90(3AF) of the Act.

122

Relocation within a facility

The proposed premises are in the same facility as the existing premises.

123

Relocation within the same town (10 km)

1.    The proposed premises are in the same town as the existing premises.

2.    The proposed premises are at least 10 km, by the shortest lawful access route, from the nearest approved premises other than the existing premises.

124

Short distance relocation (1 km)

1.    The proposed premises are no more than 1 km, in a straight line, from the existing premises.

2.    Either:

       (a)    the existing premises are not in a facility; or

       (b)    the existing premises are in a facility and the proposed premises are at least 500 m, in a straight line, from all approved premises not located in the facility.

Part 2Applications not involving cancellation of existing approval

 

Item

Kind of application

Requirements

130

New pharmacy (at least 1.5 km)

1.    The proposed premises are at least 1.5 km, in a straight line, from the nearest approved premises.

2.    The Authority is satisfied that, at all relevant times, there is:

       (a)    within 500 m, in a straight line, from the proposed premises:

(i) at least the equivalent of one full‑time prescribing medical practitioner; and

(ii) a supermarket with a gross leasable area of at least 1 000 m2; or

       (b)    within 500 m, in a straight line, from the proposed premises a supermarket with a gross leasable area of at least 2 500 m2.

131

New pharmacy (at least 10 km)

The proposed premises are at least 10 km, by the shortest lawful access route, from the nearest approved premises.

132

New additional pharmacy (at least 10 km)

1.    The proposed premises are:

       (a)    located in the same town as an approved premises; and

       (b)    at least 200 m, in a straight line, from the nearest approved premises; and

       (c)    at least 10 km, by the shortest lawful access route, from any approved premises other than the approved premises mentioned in paragraph (b).

2.    The Authority is satisfied that, at all relevant times, located in the same town as the proposed premises are:

       (a)    at least the equivalent of 4 full‑time prescribing medical practitioners practising; and

       (b)    one or 2 supermarkets which occupy a combined total gross leasable area of at least 2 500 m2.

133

New pharmacy in a facility (small shopping centre)

1.    The proposed premises are in a small shopping centre.

2.    The proposed premises are at least 500 m, in a straight line, from the nearest approved premises.

3.    There are no approved premises in the small shopping centre.

134

New pharmacy in a facility (large shopping centre)

1.    The proposed premises are in a large shopping centre.

2.    There are:     

       (a)    for a large shopping centre that contains at least 50, but fewer than 100, commercial establishments—no approved premises in the large shopping centre; or

         (b)  for a large shopping centre that contains at least 100, but fewer than 200, commercial establishments—no more than one approved premises in the large shopping centre; or

       (c)    for a large shopping centre that contains at least 200 commercial establishments—no more than 2 approved premises in the large shopping centre.

135

New pharmacy in a facility (large private hospital)

1.    The proposed premises are in a large private hospital.

2.    There are no approved premises in the large private hospital.

3.    The hospital authority for the large private hospital is not approved under section 94 of the Act.

136

New pharmacy in a facility (large medical centre)

1.    The proposed premises are in a large medical centre.

2.    There are no approved premises in the large medical centre.

3.    If the medical centre in which the proposed premises are located is:

       (a)    in a small shopping centre, a large shopping centre or a private hospital, the proposed premises are at least 500 m, in a straight line, from any approved premises, other than approved premises located in a different small shopping centre, large shopping centre, or private hospital; or

       (b)    not in a small shopping centre, a large shopping centre or a private hospital, the proposed premises are at least 500 m, in a straight line, from the nearest approved premises, other than an approved premises located in a small shopping centre, large shopping centre, or private hospital.

4.    The Authority is satisfied that, during the 2 months before the day on which the application is made and until the day the application is considered by the Authority, the number of PBS prescribers at the medical centre is equivalent to at least 8 full-time PBS prescribers, of which at least 7 PBS prescribers must be prescribing medical practitioners.

5.    The Authority is satisfied that the applicant will make all reasonable attempts to ensure that the operating hours of the proposed premises will meet the needs of the patients of the medical centre.

Schedule 2General requirements

(section 10)

   

 

Item

Requirements

211

The Authority is satisfied that at all relevant times:

(a)  the proposed premises are not approved premises; and

(b)  the applicant has a legal right to occupy the proposed premises on or after the day the application was made; and

(c)   the proposed premises:

(i)   could be used for the operation of a pharmacy under applicable local government and State or Territory laws relating to land development; and

(ii)  would be accessible by the public.   

Note:       The requirement in subparagraph (c)(i) would be satisfied if, for example, planning approval for the proposed pharmacy has been obtained or, if this is not necessary in the State or Territory where the pharmacy would be located, the proposed premises are on land that is zoned so as to enable the operation of a pharmacy. An application to obtain a building works approval or a certificate of occupancy, or similar, is not required to satisfy this requirement. However, it may be needed for compliance with the requirement in Item 212(a), depending on the operation of applicable State or Territory land development laws.

212

The Authority is satisfied that:

(a)  within 6 months after the day on which the Authority makes a recommendation in relation to the application, the applicant will be able to begin operating a pharmacy at the proposed premises; and

(b)  the proposed premises are not directly accessible by the public from within a supermarket.

Schedule 3Requirements for applications involving cancellation of existing approval

(section 10)

Part 1All applications

 

Item

Requirements

311

The Authority is satisfied that:

(a)  the pharmacist approved in relation to the existing premises has requested, in writing, that, if an approval is to be granted in relation to the proposed premises, the existing approval will be cancelled immediately before the approval is granted; and

(b)  if the pharmacist approved in relation to the existing premises has ceased to carry on business as a pharmacist at the existing premises, the Secretary:

(i) is aware of the cessation and of the reasons for it; and

(ii) has agreed to cancel the existing approval only in accordance with a request of the kind mentioned in paragraph (a).

312

The Authority is satisfied that:

(a)  on the day the application is made, one or more approvals in relation to the existing premises have been in force, immediately prior to the day the application was made, for a continuous period of at least 2 years; or

(b)  if paragraph (a) does not apply:

(i)   the proposed premises are in the same facility as the existing premises and the application is made under Item 122 of Part 1, Schedule 1; or

(ii)  the proposed premises are in the same town as the existing premises and the application is made under Item 123 of Part 1, Schedule 1; or

(iii) the purpose of the application is to allow the pharmacy operated by the applicant at the existing premises to move to the proposed premises while the existing premises are renovated or refurbished; or

(iv) the proposed premises are renovated or refurbished premises that are the same, or substantially the same, premises previously occupied by the pharmacy operated by the applicant or by the previous owner of the pharmacy; or

(v) there are exceptional circumstances; or

(vi) both:

(A)   the application involves the cancellation of an existing approval that was granted following an application of the kind mentioned in subsection 90(3AE) of the Act; and

(B)   the existing approval, and the approval the cancellation of which was involved in the application for the existing approval, have been in force for a total of at least 2 years; or

(vii) the application:

(A)   is of the kind mentioned in subsection 90(3AE) of the Act; and

(B)   has been referred to the Authority under subsection 90(3AF) of the Act.

Part 2Particular applications

 

Item

Description of application

Requirement

313

An application:

(a)  involving the cancellation of an existing approval that was granted:

(i) following an application of the kind mentioned in item 130 of Schedule 1; or

(ii) following an application:

(A)   of the kind mentioned in subsection 90(3AA) or (3AE) of the Act; and

(B)   that involved the cancellation of an approval that was granted in the circumstances mentioned in subparagraph (i); or

(iii) following an application of the kind mentioned in Part 1 of Schedule 1 that involved the cancellation of an existing approval what was granted following an application of the kind mentioned in subparagraph (i) or (ii); and

(b)  that is made within 5 years after the day on which the approval granted in the circumstance mentioned in subparagraph (a)(i) was granted.

The proposed premises are not more than 1 km, in a straight line, from the premises that were approved following an application of the kind mentioned in subparagraph (a)(i) of column 2.

 

314

An application:

(a)  involving the cancellation of an existing approval that was granted:

(i) following an application of the kind mentioned in item 113 of Schedule 1 to National Health (Australian Community Pharmacy Authority Rules) Determination 2006 (No. PB 23 of 2006); or

(ii) following an application:

(A) of the kind mentioned in subsection 90(3AA) or (3AE) of the Act; and

(B) that involved the cancellation of an approval that was granted in the circumstance mentioned in subparagraph (i); or

(iii) following an application of the kind mentioned in Part 1 of Schedule 1 that involved the cancellation of an existing approval that was granted following an application of the kind mentioned in subparagraph (i) or (ii); and

(iv) following an application of the kind mentioned in Part 1 of Schedule 1 to the National Health (Australian Community Pharmacy Authority Rules) Determination 2006 (No. PB 23 of 2006) that involved the cancellation of an existing approval that was granted following an application of the kind mentioned in subparagraph (i) or (ii); and

(b)  that is made within 5 years after the day on which the approval granted in the circumstance mentioned in subparagraph (a)(i) was granted.

The proposed premises are not more than 1.5 km, in a straight line, from the premises that were approved following an application of the kind mentioned in subparagraph (a)(i) of column 2.

 

315

An application involving the cancellation of an existing approval that was granted:

(a)  following an application of the kind mentioned in item 131 or 132 of Schedule 1; or

(b)  following an application of the kind mentioned in item 114 of Schedule 1 to the National Health (Australian Community Pharmacy Authority Rules) Determination 2006 (No. PB 23 of 2006); or

(c)   following a recommendation by the Authority:

(i) under paragraph 5(b) of the Pharmaceutical Benefits Determination under subsection 99L (1) (No. PB 8 of 2006); or

(ii) under paragraph 5(b) of the Pharmaceutical Benefits Determination under subsection 99L (1) (No. PB 8 of 2000); or

(d) following an application of the kind mentioned in Part 1 of Schedule 1 that involved the cancellation of an existing approval that was granted in a circumstance mentioned in paragraph (a), (b) or (c); or

(e)  following an application of the kind mentioned in Part 1 of Schedule 1 to the National Health (Australian Community Pharmacy Authority Rules) Determination 2006 (No. PB 23 of 2006) that involved the cancellation of an existing approval that was granted in a circumstance mentioned in paragraph (b) or (c); or

(f)  following a recommendation by the Authority under section 6 or 7, and in accordance with section 9, of the Pharmaceutical Benefits Determination under subsection 99L (1) (No. PB 8 of 2006) that involved the cancellation of an existing approval that was granted in a circumstance mentioned in subparagraph (c)(i) or (ii); or

The proposed premises are in the same town as the existing premises.

 

(g)  following a recommendation by the Authority under section 6 or 7, and in accordance with section 9, of the Pharmaceutical Benefits Determination under subsection 99L (1) (No. PB 8 of 2000) that involved the cancellation of an existing approval that was granted in the circumstance mentioned in subparagraph (c)(ii); or

(h) following an application:

(i) of the kind mentioned in subsection 90(3AA) or (3AE) of the Act; and

(ii) that involved the cancellation of an approval that was granted in a circumstance mentioned in paragraph (a), (b), (c), (d), (e), (f) or (g).

 

316

An application:

(a) involving the cancellation of an existing approval that was granted:

(i) following an application of the kind mentioned in item 133 or 134 of Schedule 1; or

(ii) following an application:

(A) of the kind mentioned in subsection 90(3AA) or (3AE) of the Act; and

(B) that involved the cancellation of an approval that was granted in the circumstances mentioned in subparagraph (i); and

(b) that is made within 10 years after the day on which the approval granted in the circumstances mentioned in subparagraph (a)(i) was granted.

The Authority is satisfied that there are exceptional circumstances.

317

An application involving the cancellation of an existing approval that was granted:

(a) following an application of the kind mentioned in item 135 or 136 of Schedule 1; or

(b) following an application:

(i) of the kind mentioned in subsection 90(3AA) or (3AE) of the Act; and

(ii) that involved the cancellation of an approval that was granted in a circumstance mentioned in paragraph (a).

The proposed premises are in the same facility in relation to which the existing approval was granted unless the Authority is satisfied that there are exceptional circumstances.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

PB 65 of 2011

26 Sept 2011 (F2011L01946)

18 Oct 2011 (s 2)

 

PB 89 of 2015

22 Oct 2015 (F2015L01689)

10 Nov 2015 (s 2)

as amended by

 

 

 

National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2)

1 Dec 2015 (F2015L01901)

10 Nov 2015 (s 2)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 4........................................

am PB 89 of 2015

s 5........................................

am PB 89 of 2015

s 6........................................

am PB 89 of 2015

s 7........................................

am PB 89 of 2015

Part 2

 

s 11......................................

am PB 89 of 2015

Schedule 1

 

Part 1

 

Part  1..................................

am PB 89 of 2015

Part 2

 

Part  2..................................

am PB 89 of 2015 (as am by F2015L01901)

Schedule 2

 

Schedule 2...........................

am PB 89 of 2015

Schedule 3

 

Part 1

 

Part 1...................................

am PB 89 of 2015