{"id":"F2025L00415","name":"National Health (Pharmaceutical Benefits) (Application to Supply Pharmaceutical Benefits Following the Death of an Approved Pharmacist – Documentary Evidence) Determination 2025","slug":"f2025l00415","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":337255,"registerId":"commonwealth-F2025L00415-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the National Health (Pharmaceutical Benefits) (Application to Supply Pharmaceutical Benefits Following the Death of an Approved Pharmacist – Documentary Evidence) Determination 2025.\n\n#### 2 Commencement\n\n Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

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Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subsection 91(3) of the National Health Act 1953.\n\n#### 4 Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n## Part 2— Documentary Evidence\n\n#### 5 Definitions\n\n> Note: The following expression used in this instrument is defined in section 84 of the Act:\n\n (a) approved pharmacist.\n In this instrument:\n\n> Act means the National Health Act 1953.\n\n> certified copy, for a document, means a copy of a document that has been certified in writing by a person mentioned in section 6 of the Statutory Declarations Regulations 2023 to be a true copy of the document.\n\n> death certificate means the official document produced by the births, deaths and marriages registry in the relevant State or Territory following registration of the death of a person.\n\n> deceased approved pharmacist means the person who is the approved pharmacist in respect of a pharmacy at particular premises, and who is the person named as the deceased on the death certificate.\n\n> government-issued document means an acceptable document that has been issued by the Australian Government or a government of a State or Territory, that includes the applicant’s photo and signature.\n\n> Note: Examples of an acceptable government-issued document includes an Australian passport issued in the applicant’s name within 3 years of the expiry date, a current Australian driver’s licence, including a learner licence or permit, a current working with children or a working with vulnerable people card that contains the applicant’s signature on the issued card.\n\n#### 6 Documentary evidence\n\n This section determines the kind of documentary evidence required for the purposes of paragraph 91(2)(c) of the Act.\n Evidence of the identity of the applicant in the form of:\n\n a certified copy of a government-issued document that includes the applicant’s photograph and signature; or\n a certified copy of a document that includes the applicant’s signature and a Commonwealth statutory declaration, signed by the applicant, stating that the applicant is the person named in the document.\n Evidence that the applicant is, or is likely to become, an executor or administrator of the estate of the deceased approved pharmacist.\n A certified copy of the death certificate of the deceased approved pharmacist.\n If the deceased approved pharmacist died testate, the following documentary evidence is required:\n\n a certified copy of the deceased approved pharmacist’s will; and\n a Commonwealth statutory declaration, signed by the applicant, stating that to the best of the applicant’s knowledge, the will is the last will and testament of the deceased approved pharmacist.\n If the deceased approved pharmacist died intestate and the applicant has applied for letters of administration for the estate of the deceased approved pharmacist, the following documentary evidence is required:\n\n a certified copy of the application; and\n a Commonwealth statutory declaration, signed by the applicant, stating that to the best of the applicant’s knowledge, there is no reason why the application for letters of administration would be refused.\n If the deceased approved pharmacist died intestate and the applicant has not applied for letters of administration for the estate of the deceased approved pharmacist, a Commonwealth statutory declaration, signed by the applicant, is required stating that:\n\n the applicant will, as soon as possible, apply for letters of administration; and\n that to the best of the applicant’s knowledge, there is no reason why the application for letters of administration would be refused.\n\n \n\nSchedule 1—Repeals\n\nNational Health (Pharmaceutical Benefits (Application to supply Pharmaceutical benefits following the death of an approved pharmacist – documentary evidence) Determination 2015\n\n#### 1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the National Health (Pharmaceutical Benefits) (Application to Supply Pharmaceutical Benefits Following the Death of an Approved Pharmacist – Documentary Evidence) Determination 2025.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 91(3) of the National Health Act 1953.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Schedules","content":"#### 4 Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Documentary Evidence","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the National Health (Pharmaceutical Benefits) (Application to Supply Pharmaceutical Benefits Following the Death of an Approved Pharmacist – Documentary Evidence) Determination 2025.\n\n#### 2 Commencement\n\n Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subsection 91(3) of the National Health Act 1953.\n\n#### 4 Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n## Part 2— Documentary Evidence\n\n#### 5 Definitions\n\n> Note: The following expression used in this instrument is defined in section 84 of the Act:\n\n (a) approved pharmacist.\n In this instrument:\n\n> Act means the National Health Act 1953.\n\n> certified copy, for a document, means a copy of a document that has been certified in writing by a person mentioned in section 6 of the Statutory Declarations Regulations 2023 to be a true copy of the document.\n\n> death certificate means the official document produced by the births, deaths and marriages registry in the relevant State or Territory following registration of the death of a person.\n\n> deceased approved pharmacist means the person who is the approved pharmacist in respect of a pharmacy at particular premises, and who is the person named as the deceased on the death certificate.\n\n> government-issued document means an acceptable document that has been issued by the Australian Government or a government of a State or Territory, that includes the applicant’s photo and signature.\n\n> Note: Examples of an acceptable government-issued document includes an Australian passport issued in the applicant’s name within 3 years of the expiry date, a current Australian driver’s licence, including a learner licence or permit, a current working with children or a working with vulnerable people card that contains the applicant’s signature on the issued card.\n\n#### 6 Documentary evidence\n\n This section determines the kind of documentary evidence required for the purposes of paragraph 91(2)(c) of the Act.\n Evidence of the identity of the applicant in the form of:\n\n a certified copy of a government-issued document that includes the applicant’s photograph and signature; or\n a certified copy of a document that includes the applicant’s signature and a Commonwealth statutory declaration, signed by the applicant, stating that the applicant is the person named in the document.\n Evidence that the applicant is, or is likely to become, an executor or administrator of the estate of the deceased approved pharmacist.\n A certified copy of the death certificate of the deceased approved pharmacist.\n If the deceased approved pharmacist died testate, the following documentary evidence is required:\n\n a certified copy of the deceased approved pharmacist’s will; and\n a Commonwealth statutory declaration, signed by the applicant, stating that to the best of the applicant’s knowledge, the will is the last will and testament of the deceased approved pharmacist.\n If the deceased approved pharmacist died intestate and the applicant has applied for letters of administration for the estate of the deceased approved pharmacist, the following documentary evidence is required:\n\n a certified copy of the application; and\n a Commonwealth statutory declaration, signed by the applicant, stating that to the best of the applicant’s knowledge, there is no reason why the application for letters of administration would be refused.\n If the deceased approved pharmacist died intestate and the applicant has not applied for letters of administration for the estate of the deceased approved pharmacist, a Commonwealth statutory declaration, signed by the applicant, is required stating that:\n\n the applicant will, as soon as possible, apply for letters of administration; and\n that to the best of the applicant’s knowledge, there is no reason why the application for letters of administration would be refused.\n\n \n\nSchedule 1—Repeals\n\nNational Health (Pharmaceutical Benefits (Application to supply Pharmaceutical benefits following the death of an approved pharmacist – documentary evidence) Determination 2015\n\n#### 1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: The following expression used in this instrument is defined in section 84 of the Act:\n\n (a) approved pharmacist.\n In this instrument:\n\n> Act means the National Health Act 1953.\n\n> certified copy, for a document, means a copy of a document that has been certified in writing by a person mentioned in section 6 of the Statutory Declarations Regulations 2023 to be a true copy of the document.\n\n> death certificate means the official document produced by the births, deaths and marriages registry in the relevant State or Territory following registration of the death of a person.\n\n> deceased approved pharmacist means the person who is the approved pharmacist in respect of a pharmacy at particular premises, and who is the person named as the deceased on the death certificate.\n\n> government-issued document means an acceptable document that has been issued by the Australian Government or a government of a State or Territory, that includes the applicant’s photo and signature.\n\n> Note: Examples of an acceptable government-issued document includes an Australian passport issued in the applicant’s name within 3 years of the expiry date, a current Australian driver’s licence, including a learner licence or permit, a current working with children or a working with vulnerable people card that contains the applicant’s signature on the issued card.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Documentary evidence","content":"#### 6 Documentary evidence\n\n This section determines the kind of documentary evidence required for the purposes of paragraph 91(2)(c) of the Act.\n Evidence of the identity of the applicant in the form of:\n\n a certified copy of a government-issued document that includes the applicant’s photograph and signature; or\n a certified copy of a document that includes the applicant’s signature and a Commonwealth statutory declaration, signed by the applicant, stating that the applicant is the person named in the document.\n Evidence that the applicant is, or is likely to become, an executor or administrator of the estate of the deceased approved pharmacist.\n A certified copy of the death certificate of the deceased approved pharmacist.\n If the deceased approved pharmacist died testate, the following documentary evidence is required:\n\n a certified copy of the deceased approved pharmacist’s will; and\n a Commonwealth statutory declaration, signed by the applicant, stating that to the best of the applicant’s knowledge, the will is the last will and testament of the deceased approved pharmacist.\n If the deceased approved pharmacist died intestate and the applicant has applied for letters of administration for the estate of the deceased approved pharmacist, the following documentary evidence is required:\n\n a certified copy of the application; and\n a Commonwealth statutory declaration, signed by the applicant, stating that to the best of the applicant’s knowledge, there is no reason why the application for letters of administration would be refused.\n If the deceased approved pharmacist died intestate and the applicant has not applied for letters of administration for the estate of the deceased approved pharmacist, a Commonwealth statutory declaration, signed by the applicant, is required stating that:\n\n the applicant will, as soon as possible, apply for letters of administration; and\n that to the best of the applicant’s knowledge, there is no reason why the application for letters of administration would be refused.\n\n \n\nSchedule 1—Repeals\n\nNational Health (Pharmaceutical Benefits (Application to supply Pharmaceutical benefits following the death of an approved pharmacist – documentary evidence) Determination 2015","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: specifying documentary evidence for pharmacy takeover applications after a pharmacist's death. It replaces the 2015 Determination with updated but substantively similar requirements, without expanding into new areas of pharmacy regulation or PBS administration."},"complexity_factors":["Short, single-purpose instrument (approximately 6 substantive sections)","Only 6 defined terms, all straightforward","Simple conditional structure with 3 clear scenarios (testate, intestate with application, intestate without application)","No nested exceptions or complex cross-referencing beyond basic references to the National Health Act 1953 and Statutory Declarations Regulations 2023","Clear prescriptive format ('the following documentary evidence is required')","Duplicate content in the provided text (appears to be a compilation error rather than legislative complexity)"],"plain_english_summary":"This Determination sets the documentary requirements for a family member, executor or administrator who applies to take over a deceased pharmacist’s business so the pharmacy can continue supplying PBS‑subsidised medicines. Applicants must provide certified proof of identity, authority to act for the estate, the death, and appropriate will/probate evidence or statutory declarations about administration.\n\nIt replaces the 2015 Determination and helps keep patient access uninterrupted while guarding against fraud."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument repeals the 2015 Determination and re‑states documentary requirements for applications under s91(2)(c) of the National Health Act. On its face it does not broaden applicant categories or create new substantive powers; it prescribes evidentiary and procedural requirements (identity, death certificate, will/letters of administration or statutory declarations) for applicants seeking to supply Pharmaceutical Benefits after an approved pharmacist’s death."},"complexity_factors":["Cross-reference to National Health Act 1953 (paragraph 91(2)(c)) creates a legal trigger point for applications (see instrument heading and s6).","Multiple documentary paths: identity evidence can be either certified photo ID or a document plus Commonwealth statutory declaration (s6).","Branching based on testate vs intestate death: different certified documents and statutory declarations required (s6).","Reliance on certified copies and statutory declarations introduces procedural steps and interaction with persons authorised under the Statutory Declarations Regulations 2023 (definition of 'certified copy').","Dependency on State/Territory death registration for the death certificate (definition of 'death certificate').","Repeal of the 2015 Determination and re-enactment of requirements (Schedule 1) — administratively relevant for transitional/compliance purposes.","Commencement timing (takes effect the day after registration) creates a near-immediate operational requirement."],"plain_english_summary":"This Determination sets the documentary evidence people must provide under section 91(2)(c) of the National Health Act when applying to supply Pharmaceutical Benefits after the approved pharmacist at a pharmacy has died. It requires certified identity documents, a certified death certificate, and evidence that the applicant is (or will be) the estate’s executor or administrator. Additional certified copies or statutory declarations are required depending on whether the pharmacist left a will or died intestate. It affects applicants (likely executors/administrators) and pharmacies seeking continued PBS supply by imposing verification steps and documentation costs."}},"importantCases":[],"_links":{"self":"/api/acts/f2025l00415","history":"/api/acts/f2025l00415/history","analysis":"/api/acts/f2025l00415/analysis","conflicts":"/api/acts/f2025l00415/conflicts","importantCases":"/api/acts/f2025l00415/important-cases","documents":"/api/acts/f2025l00415/documents"}}