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

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.