Commonwealth Consolidated Acts

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NATIONAL HEALTH ACT 1953 - SECT 95

Suspension or revocation of approval

  (1)   The Minister may, after investigation and report by the appropriate Committee of Inquiry, by notice in writing:

  (a)   reprimand an approved pharmacist; or

  (b)   suspend or revoke the approval of the pharmacist under section   90;

and may, at any time, by notice in writing, remove that suspension or restore that approval.

  (3)   A suspension under subsection   (1) has effect for such period as the Minister determines and specifies in the notice of suspension.

  (4)   If the Secretary considers that it is necessary in the public interest so to do pending investigation and report by the appropriate Committee of Inquiry, the Secretary may suspend an approval referred to in subsection   (1) and the Secretary may at any time remove the suspension.

  (5)   Where the approval of a pharmacist is suspended under subsection   (4), the Secretary shall forthwith refer the matter to the appropriate Committee of Inquiry for investigation and report to the Minister.

  (6)   A suspension by the Secretary under subsection   (4) has effect only until the Minister has dealt with the matter in accordance with subsection   (7).

  (7)   On receipt of a report from a Committee of Inquiry on a matter referred to it in accordance with subsection   (5), the Minister may, by notice in writing, further suspend the approval for such period as the Minister specifies in the notice, revoke the approval or remove the suspension.

  (8)   The Minister shall not suspend, further suspend or revoke an approval under the preceding provisions of this section unless, having regard to the evidence before the Committee of Inquiry and the report of the Committee, the Minister is satisfied that the pharmacist has, in relation to or arising out of the approval, been guilty of conduct which is an abuse of that approval or is an abuse or contravention of this Act or the regulations or shows the pharmacist, as the case may be to be unfit to continue to enjoy the approval.

  (9)   The suspension or revocation of the approval of a pharmacist under this section may be in respect of all of the premises in respect of which the approval was granted or may be in respect of particular premises.

  (10)   For the purposes of this section, a reference to a pharmacist is taken to include a person to whom subsection   90(6) applies.


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