National Health Act 1953
105ADApplication for review by Tribunal of decisions of the Australian Community Pharmacy Authority
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105AD Application for review by Tribunal of decisions of the Australian Community Pharmacy Authority
(1) In this section:
Authority means the Australian Community Pharmacy Authority.
reviewable recommendation means a recommendation of the Authority referred to in paragraph (2)(a) or (aa).
(2) An application may be made to the Tribunal for review of the following recommendations of the Authority: (a) a recommendation made under subparagraph 99K(1)(b)(i) that an applicant under section 90 not be approved under that section in respect of particular premises; (aa) a recommendation made under subparagraph 99K(1)(b)(ii) as to the conditions (if any) to which an approval under section 90 should be subject. (3) If: (a) a person (in this section called the applicant) applies under section 90; and (b) the Authority makes a reviewable recommendation in respect of that application; the Chairperson of the Authority must, within 28 days after the Authority makes the recommendation, cause a notice to be given to the applicant containing the following material: (c) the terms of the recommendation; (d) a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Tribunal for review of that recommendation; (e) a statement that the applicant may request a statement under section 268 of that Act. (4) Failure to comply with subsection (3) does not affect the validity of the Authority’s recommendation.