6Meanings of approved premises and redundant premises

6 Meanings of approved premises and redundant premises

(1) In this Determination, approved premises are premises, other than premises that are redundant under subsection (2): (a) in relation to which an approval granted under section 90 of the Act is in force; or (b) in relation to which the Authority has recommended an applicant be approved under section 90 of the Act. (2) Premises are redundant if all of the following apply: (a) the premises are existing premises in relation to an application; (b) the Authority has recommended that the applicant who made the application be approved under section 90 of the Act in relation to the proposed premises; (c) the pharmacist approved in relation to the existing premises has requested, in writing, that if the applicant is to be approved in relation to the proposed premises, the existing approval will be cancelled immediately before the approval in relation to the proposed premises is granted; (d) the pharmacist approved in relation to the existing premises has ceased to carry on business as a pharmacist at the approved premises; (e) the Secretary: (i) is aware of the cessation and of the reason for it; and (ii) has agreed to cancel the existing approval only in accordance with a request of the kind mentioned in paragraph (c).

Note 1: Under paragraph 90E(b) of the Act, references in the Act to an approval granted under section 90 of the Act include references to an approval treated as having been granted under section 90 by paragraph 90E(a) of the Act.

Note 2: Under paragraph 91(7)(c) of the Act, references in the Act to an approval granted under section 90 of the Act include references to an approval treated as having been granted under section 90 by paragraph 91(7)(a) of the Act.

(3) When counting the number of approved premises in Item 132(1) and Item 134(2), approved premises for the purpose of subsection 6(1)(b) shall not include premises recommended to be approved by the Authority under Items 122, 123 or 124 of Schedule 1.