91AApplication to supply pharmaceutical benefits at alternative premises because of disaster or exceptional circumstances

#### 91A Application to supply pharmaceutical benefits at alternative premises because of disaster or exceptional circumstances (1) The Secretary may, on application by a pharmacist who is approved under section 90 in respect of particular premises (the affected premises), grant the approved pharmacist permission to supply pharmaceutical benefits at other premises (the alternative premises) if the Secretary is satisfied that: (a) because of a disaster or exceptional circumstances relating to the affected premises: (i) the approved pharmacist is unable to supply pharmaceutical benefits at the affected premises; or (ii) the affected premises are not accessible by members of the public for the purpose of receiving pharmaceutical benefits; and (b) the alternative premises are in substantially the same locality as the affected premises. > Note: The Minister may determine matters for the purposes of the Secretary making decisions under this subsection: see subsection (11). (2) The Secretary must refuse to grant the permission if the Secretary is satisfied that: (a) the approved pharmacist is unable to supply pharmaceutical benefits at the alternative premises; or (b) the alternative premises are not accessible by members of the public for the purpose of receiving pharmaceutical benefits at times that, in the opinion of the Secretary, are reasonable. Application requirements (3) The application must: (a) be in writing and in a form approved by the Secretary (if any); and (b) unless the Secretary otherwise allows, be made: (i) as soon as reasonably practicable after the condition in paragraph (1)(a) is first met in relation to the affected premises; and (ii) before the end of the period of 14 days beginning on the day the approved pharmacist starts supplying pharmaceutical benefits at or from the alternative premises; and (c) be accompanied by documentary evidence, of a kind determined under paragraph (11)(e) (if any), demonstrating that: (i) paragraphs (1)(a) and (b) are satisfied for the application; and (ii) paragraphs (2)(a) and (b) are not satisfied for the application. Secretary may require further information or documents (4) For the purposes of considering the application, the Secretary may, by written notice given to the approved pharmacist, require the approved pharmacist to give the Secretary specified information, or produce to the Secretary specified documents, within a specified period. (5) If the approved pharmacist does not give the information or produce the documents within the specified period, the Secretary may treat the application as having been withdrawn. Notifying approved pharmacist of decision on application (6) The Secretary must give the approved pharmacist written notice of the Secretary’s decision on the application. Effect of permission (7) If the Secretary grants the approved pharmacist permission to supply pharmaceutical benefits at the alternative premises: (a) the approved pharmacist is to be treated for all purposes of this Act (except section 92 and subsection 98(4)) as if the approved pharmacist were, during the temporary supply period, approved under section 90 as an approved pharmacist in relation to the alternative premises; and (b) 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) of this subsection; and (c) 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)) also apply to an approval that is treated as having been granted under section 90 by paragraph (a) of this subsection; and (d) in addition to supplying pharmaceutical benefits at the alternative premises during the temporary supply period, the approved pharmacist may also supply pharmaceutical benefits from the alternative premises during that period. > Note: For paragraph (a), section 92 and subsection 98(4) deal with the approval of medical practitioners to supply pharmaceutical benefits if there is no convenient and efficient pharmaceutical service being supplied by an approved pharmacist in an area. Meaning of temporary supply period (8) For the purposes of subsection (7), the temporary supply period begins immediately before the approved pharmacist first starts to supply pharmaceutical benefits at or from the alternative premises and ends at the earliest of the following times: (a) the end of the following period beginning on the day after the condition in paragraph (1)(a) is first met in relation to the affected premises: (i) 6 months (unless subparagraph (ii) or (iii) applies); (ii) a shorter period specified in the notice of the Secretary’s decision granting the permission; (iii) if the Secretary, by written notice given to the approved pharmacist before the end of the period that would otherwise apply under subparagraph (i) or (ii) or this subparagraph, extends that period by a further specified period—that period as so extended; (b) when the approved pharmacist supplies pharmaceutical benefits, after the beginning of the temporary supply period, at or from: (i) the affected premises; or (ii) premises (other than the alternative premises or premises for which the pharmacist is approved under section 90) that the Secretary is satisfied are in substantially the same locality as the affected premises; (c) when an approval is granted to the approved pharmacist under section 90 in respect of the alternative premises; (d) when the approved pharmacist’s approval for the affected premises is cancelled under section 98; (e) when the permission is revoked under subsection (9) of this section. Revoking permission (9) The Secretary may, by written notice given to the approved pharmacist, revoke the permission if the Secretary is satisfied that: (a) both: (i) the approved pharmacist is able to supply pharmaceutical benefits at the affected premises; and (ii) the affected premises are accessible by members of the public for the purpose of receiving pharmaceutical benefits; or (b) the approved pharmacist is unable to supply pharmaceutical benefits at the alternative premises; or (c) the alternative premises are not accessible by members of the public for the purpose of receiving pharmaceutical benefits at times that, in the opinion of the Secretary, are reasonable; or (d) it is in the public interest to do so. Effect of certain State and Territory laws (10) Nothing in this section authorises the Secretary to grant a permission under subsection (1) to an approved pharmacist to supply pharmaceutical benefits at premises at which the approved pharmacist is not permitted, under the law of the State or Territory in which the premises are situated, to carry on business. Minister may determine certain matters for purposes of this section (11) The Minister may, by legislative instrument, determine any or all of the following: (a) matters to which the Secretary may, must or must not have regard for the purposes of making a decision for the purposes of this section; (b) events that are taken to be, or not to be, disasters for the purposes of paragraph (1)(a); (c) circumstances that are taken to be, or not to be, exceptional circumstances for the purposes of paragraph (1)(a); (d) circumstances in which premises are taken to be, or not to be, in substantially the same locality as other premises for the purposes of paragraph (1)(b) or subparagraph (8)(b)(ii); (e) kinds of documentary evidence for the purposes of paragraph (3)(c).