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HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT (No. 2) 1993 No. 76 of 1993 - SECT 20
Approved pharmacists
20.(1) Section 90 of the Principal Act is amended by inserting after
subsection (5) the following subsections:
"(5A) A pharmacist who:
(a) before 18 December 1990, was granted an approval to supply
pharmaceutical benefits at or from particular premises; and
(b) supplied pharmaceutical benefits on or before 18 December 1990 from
other premises without the Secretary having granted approval under
subsection (3) in respect of those other premises; is to be taken to
have been granted in respect of those other premises, or whichever of
those premises was the premises from which the pharmacist last
supplied pharmaceutical benefits before 18 December 1990, an approval
under subsection (3).
"(5B) The reference in paragraph (5A)(b) to supplying pharmaceutical benefits
includes a reference to supplying drugs and medicinal preparations for which
payment was made as if they were pharmaceutical benefits.
"(5C) Subsection (5A) does not apply if:
(a) the approval referred to in paragraph (5A)(a) was not in force
immediately before the commencement of section 20 of the
Health and Community Services Legislation Amendment Bill (No. 2) 1993
; or
(b) the pharmacist is not permitted, under the law of the State or
Territory in which the premises referred to in paragraph (5A)(b) are
situated, to carry on business at those premises.".
(2) If:
(a) before the commencement of this section, a pharmacist (including a
person to whom subsection 90(6) of the Principal Act applies) received
from the Commonwealth a payment purportedly made under this Part in
respect of the supply of pharmaceutical benefits from particular
premises; and
(b) at the time of the supply, the pharmacist was not approved under
section 90 of the Principal Act in respect of those premises; and
(c) had subsections 90(5A) and 98(4A) of the Principal Act as amended by
this Act been in force at the time the payment was made, the payment
would have been a payment under this Part; any right of the
Commonwealth to recover the payment is, by force of this subsection,
extinguished.
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