71EConsideration of applications for registration of pharmacy business premises

### 71E Consideration of applications for registration of pharmacy business premises > [*\[Section 71E Inserted by No. 62 of 2005, s. 22, Applied:15 Dec 2005\]*](/view/html/inforce/2005-12-15/act-2005-062#GS22@EN) > > > (1)  [*\[Section 71E Subsection (1) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS34@Hpa@EN) The Authority, after considering an application to have premises registered as pharmacy business premises, may – > > > > > > (a) [*\[Section 71E Subsection (1) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS34@Hpb@EN) approve the application subject to any conditions that the Authority thinks appropriate; or > > > > > > > (b) refuse the application. > > > (2)  [*\[Section 71E Subsection (2) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS34@Hpc@EN) However, the Authority must not approve the application unless it is satisfied that – > > > > > > (a) the applicant – > > > > > > > > > > (i) is an eligible person; or > > > > > > > > > > > (ii) has, by virtue of some other status, reasonable grounds for making the application; and > > > > > > > (b) [*\[Section 71E Subsection (2) amended by No. 22 of 2016, s. 22, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS22@EN) .  .  .  .  .  .  .  .   > > > > > > > (c) the premises – > > > > > > > > > > (i) are not located wholly or partly within a supermarket; or > > > > > > > > > > > (ii) are not capable of being entered from within a supermarket; or > > > > > > > > > > > (iii) are not capable of being used to gain entry to a supermarket; and > > > > > > > (d) [*\[Section 71E Subsection (2) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS34@Hpd@EN) the premises sought to be registered are suitable, or are being made suitable, to be used for the purposes of a pharmacy business. > > > (3)  [*\[Section 71E Subsection (3) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS34@Hpe@EN) The matters that the Authority may have regard to for the purposes of [subsection (2)(d)](#GS71E@Gs2@Hpd@EN) include, but are not limited to – > > > > > > (a) the standard or proposed standard of presentation of the premises, including the external appearance and internal fittings; and > > > > > > > (b) the physical condition of the premises, and the condition of associated amenities such as lighting, ventilation and sanitation; and > > > > > > > (c) the security of the premises and, in particular, the security of dispensing and storage areas; and > > > > > > > (d) key professional requirements such as the need for – > > > > > > > > > > (i) professional supervision of the sale and supply of medicines and drugs; and > > > > > > > > > > > (ii) customer privacy and counselling; and > > > > > > > > > > > (iii) sufficient storage for medicines and drugs; and > > > > > > > (e) whether there is or will be reasonable public access to the premises and, in particular, access for disabled persons; and > > > > > > > (f) if there is or will be direct access to or from adjoining premises, the nature of the activities carried out on those adjoining premises; and > > > > > > > (g) any issues of compliance regarding State or council legislative requirements on matters such as fire safety and occupational health and safety; and > > > > > > > (h) in the case of leased premises, the terms of the lease. > > > (4)  For the purposes of [subsection (2)(c)](#GS71E@Gs2@Hpc@EN)  – > > > > > > (a) a supermarket is taken to be any large enclosed shop that primarily sells fresh and processed foods (including beverages) and where the selection of goods is organised on a self-serve basis, even though – > > > > > > > > > > (i) customer advice may always or sometimes be available in the shop; and > > > > > > > > > > > (ii) customer service and assistance may always or sometimes be available in a part of the shop; and > > > > > > > > > > > (iii) other goods (including household goods like cleaning and kitchen products and personal care products like toiletries) may also be offered for sale in the shop; and > > > > > > > (b) a large enclosed shop that sells general merchandise (commonly known as a department store) is not taken to be a supermarket even though it may – > > > > > > > > > > (i) contain a restaurant or café; or > > > > > > > > > > > (ii) sell specialty foods such as biscuits, confectionery and condiments. > > > (5)  [*\[Section 71E Subsection (5) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS34@Hpf@EN) If the Authority is unsure, in respect of an application under this Part, whether or not any premises are a supermarket, it may apply to the Secretary for a ruling. > > > (6)  If [subsection (5)](#GS71E@Gs5@EN) applies – > > > > > > (a) the Secretary, after making such inquiries as he or she considers necessary, may, in writing, make the ruling; and > > > > > > > (b) [*\[Section 71E Subsection (6) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS34@Hpg@EN) the Authority is bound by that ruling.