CTHIn ForceAct
National Health Act 1953
90CCircumstances in which request may not be made
Start here
Get a plain-English read of 90C
Turn the raw legal text into a practical explanation grounded in National Health Act 1953.
#### 90C Circumstances in which request may not be made
Proceedings before the Administrative Review Tribunal or a federal court
(1) A request must not be made under subsection 90B(1) in relation to a decision of the Secretary to which section 90A applies if:
(a) the Secretary’s decision is the subject of a proceeding before the Administrative Review Tribunal or a federal court; and
(b) the proceeding has not been discontinued, withdrawn or dismissed, or otherwise finally determined.
(2) A request under subsection 90B(1) is taken to have been withdrawn if, before the Minister has made a decision in relation to the request under subsection 90B(5), the Secretary’s decision becomes the subject of a proceeding before the Administrative Review Tribunal or a federal court.
Previous requests in relation to premises
(3) If a pharmacist makes a request (the previous request) under subsection 90B(1) in relation to a decision of the Secretary under section 90 rejecting the pharmacist’s application to supply pharmaceutical benefits at particular premises, the pharmacist must not make a further request under subsection 90B(1), in relation to the premises, unless at least 12 months have passed since the day the previous request was made.