
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
Minister for Health and Ageing
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.