98Cancellation by Secretary of approval of pharmacists etc.

#### 98 Cancellation by Secretary of approval of pharmacists etc. (1) Whenever: (a) an approved pharmacist requests that his or her approval under section 90 in respect of all or any of the premises in respect of which he or she is approved be cancelled; (aa) a participating dental practitioner requests that his or her approval as a participating dental practitioner under section 84A be cancelled; or (b) an approved medical practitioner requests that his or her approval in respect of an area under section 92 be cancelled; or (c) an authorised optometrist requests that his or her approval as an authorised optometrist under section 84AAB be cancelled; or (d) an authorised midwife requests that his or her approval as an authorised midwife under section 84AAF be cancelled; or (e) an authorised nurse practitioner requests that his or her approval as an authorised nurse practitioner under section 84AAJ be cancelled; the Secretary shall cancel that approval. (2) Where: (a) an approved pharmacist gives the Secretary notice in writing that the pharmacist has ceased to carry on business as a pharmacist at premises in respect of which the pharmacist is approved; or (b) an approved medical practitioner gives the Secretary notice in writing that the medical practitioner has ceased to practise in the area in respect of which the medical practitioner is approved; the Secretary may (at his or her discretion) cancel the approval. (2A) Despite subsections (1) and (2), the Secretary may refuse to cancel an approval of an approved pharmacist in respect of particular premises if: (a) the approved pharmacist is bankrupt; or (b) there is an external administrator (within the meaning of section 91B) in relation to the pharmacy (within the meaning of that section) situated at those premises; or (c) a matter referred to a Committee of Inquiry concerns the conduct of the approved pharmacist and the Committee has not concluded its inquiry into the matter. (3) If the Secretary is satisfied that: (a) an approved pharmacist is not carrying on business as a pharmacist at premises in respect of which the pharmacist is approved; or (b) the 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 (c) an approved pharmacist’s registration as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists has been suspended (however described); or (d) an approved pharmacist has been deregistered (however described) as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists; or (e) if an approved pharmacist is a body corporate: (i) a person who is a director of the body corporate has been suspended or deregistered (however described) as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists; and (ii) there is no other director of the body corporate who is registered (however described) as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists; or (f) if an approved pharmacist is granted approval to supply pharmaceutical benefits at a particular premises in a State or territory—the approved pharmacist is not permitted, under the law of the State or Territory in which the premises are situated, to carry on business; or (g) an approved pharmacist has breached the conditions to which the pharmacist’s approval is subject; then the Secretary may (at his or her discretion), by notice in writing to the pharmacist, cancel the approval of the pharmacist under section 90. (3AA) If: (a) a permission under section 91B is in force in relation to particular premises; and (b) the holder of the permission requests that the approval of the pharmacist under section 90 in respect of those premises be cancelled; the Secretary must cancel the approval. The Secretary must give written notice of the cancellation to the pharmacist and the holder of the permission. (3AB) If a permission under section 91B in relation to particular premises is revoked under subsection 91B(12) or (13), the Secretary may cancel the approval of the pharmacist under section 90 in respect of those premises. The Secretary must give written notice of the cancellation to the pharmacist. (3A) Where the Secretary is satisfied that an approved medical practitioner is not practising in the area in respect of which the medical practitioner is approved, the Secretary may (at his or her discretion), by notice in writing to the medical practitioner, cancel the approval of the medical practitioner under section 92. (4) If a person becomes an approved pharmacist in respect of premises in an area in respect of which a medical practitioner is approved under section 92, the Secretary shall cancel the approval of the medical practitioner in respect of that area or of that part of the area in relation to which that section no longer applies. (4A) If a pharmacist: (a) before 18 December 1990, was granted an approval to supply pharmaceutical benefits at or from particular premises; and (b) because of the operation of subsection 90(5A), is taken to have been granted such an approval in respect of other premises; the Secretary is taken, immediately after the commencement of section 20 of the Health and Community Services Legislation Amendment Act (No. 2) 1993, to have cancelled the approval in respect of the premises referred to in paragraph (a). (5) A reference in this section to an approved pharmacist carrying on business as a pharmacist at premises is a reference, in the case of an approved pharmacist to whom subsection 90(6) applies, to an approved pharmacist carrying on a business for the supply of pharmaceutical benefits at the premises. (6) For the purposes of this section, an approved pharmacist is taken not to be carrying on business as a pharmacist if the approved pharmacist is not supplying pharmaceutical benefits in the course of carrying on the business.