91Application to supply pharmaceutical benefits following the death of approved pharmacist

#### 91 Application to supply pharmaceutical benefits following the death of approved pharmacist (1) If: (a) a person is an approved pharmacist in respect of a pharmacy at particular premises; and (b) the approved pharmacist dies at any time on or after the commencement of this section; and (c) another person claims to be: (i) the executor, or one of the executors, of the will of the deceased pharmacist in respect of which probate has been granted; or (ii) the executor, or one of the executors, of the will of the deceased pharmacist although probate has not yet been granted; or (iii) a person, or one of the persons, to whom the administration of the estate of the deceased pharmacist has been granted; or (iv) a person, or one of the persons, intending to apply for administration of the estate of the deceased pharmacist; and (d) that other person applies to the Secretary for permission to supply pharmaceutical benefits at those premises; the Secretary may, if the Secretary reasonably believes that the applicant is, or on the grant of probate of the will or letters of administration of the estate is likely to be, such an executor or administrator, grant the applicant permission to supply such pharmaceutical benefits at those premises. (2) An application under subsection (1) in relation to the supply of pharmaceutical benefits at particular premises: (a) must be made in writing in a form approved by the Secretary; and (b) must be made as soon as reasonably practicable after the death of the pharmacist who previously supplied such pharmaceutical benefits at those premises; and (c) must be accompanied by documentary evidence relating to: (i) the identity of the applicant; and (ii) the nature of the applicant’s claim to be a person referred to in a subparagraph of paragraph 91(1)(c); of a kind determined by the Secretary under subsection (3). (3) For the purposes of paragraph (2)(c), the Secretary may, by legislative instrument, determine kinds of documentary evidence. (4) For the purpose of considering an application under this section, the Secretary may, by notice in writing given to the applicant, require the applicant to provide such further information, or produce such further documents, to the Secretary as the Secretary specifies, within such period as the Secretary specifies. (5) If the Secretary requires the provision of information or the production of documents within a specified period and the information or documents are not provided or produced within that period, the Secretary may treat the application as having been withdrawn. (6) When the Secretary makes a decision to grant or refuse an application under this section, the Secretary must cause notice in writing of that decision to be given to the applicant. If the Secretary decides to refuse an application, the notice must include reasons for the refusal. (7) If the Secretary grants an applicant permission to supply pharmaceutical benefits at premises the subject of the application: (a) the person granted that permission is to be treated for all purposes of this Act as if the person is, and, since the referral day in relation to the permission, had been, approved under section 90 as an approved pharmacist in relation to the pharmacy at those premises; and (b) any supply of pharmaceutical benefits at or from those premises by a pharmacist who is not an approved pharmacist after the referral day in relation to the permission and before the grant of that permission is to be treated as if it had been a supply of those pharmaceutical benefits by the person to whom the permission is granted; and (c) references in this Act to an approval granted under section 90 include references to an approval treated as having been granted under section 90 by paragraph (a); and (d) the conditions to which an approval granted under section 90 is subject (including any condition that is imposed by means of the Minister’s determination for the purposes of paragraph 92A(1)(f)) apply also to an approval that is treated as having been granted under section 90 by paragraph (a); and (e) the rights conferred and obligations imposed on an approved pharmacist apply to that person in his or her activities as such an approved pharmacist. (8) For the purposes of subsection (7), the referral day, in relation to a permission granted under this section, is: (a) unless paragraph (b) applies—the day following the date of death of the deceased pharmacist to whom the application for permission related; or (b) if there has been a prior permission granted under this section in relation to the premises to which the permission relates—the day following the date the prior permission was revoked. (9) A permission granted to a person under subsection (1) in relation to particular premises continues, unless it is sooner revoked, until that person or another person is approved by the Secretary under section 90 in respect of those premises. (10) Nothing in this section authorises the Secretary to grant a permission under subsection (1) to a person to supply pharmaceutical benefits at particular premises at which the person is not permitted, under the law of the State or Territory in which the premises are situated, to carry on business. (11) If: (a) probate of the will, or administration of the estate, of a deceased approved pharmacist is granted; and (b) the person granted a permission under subsection (1) in relation to the supply of pharmaceutical benefits at premises where that pharmacist carried on business is not, or is not included among persons who are, granted that probate or administration; he or she must, as soon as he or she becomes aware of that fact, notify the Secretary in writing of that fact. (12) If the Secretary becomes aware, either as a result of a notification under subsection (11) or otherwise, that: (a) probate of the will, or administration of the estate, of a deceased approved pharmacist is granted; and (b) the person granted a permission under subsection (1) is not, or is not included among persons who are, granted that probate or administration; the Secretary must, by notice in writing given to the person granted that permission, revoke the permission. (13) If a partnership agreement provides for the disposal of the pharmacy business of a deceased approved pharmacist to any surviving partner or partners, nothing in this section is to be taken to override the operation of the terms of that agreement.