Commonwealth Numbered Acts

HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT (No. 2) 1993 No. 76 of 1993 - SECT 20

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.