Pharmaceutical Benefits Determination under subsection 99L(1) (No. PB 14 of 2005) (Cth)

Pharmaceutical Benefits

Determination under subsection 99L (1)

No. PB 14 of 2005

I, TONY ABBOTT, Minister for Health and Ageing, make this Determination under subsection 99L (1) of the National Health Act 1953.

Dated            29 June   2005

TONY ABBOTT

Minister for Health and Ageing

1              Commencement

This Determination commences on 1 July 2005.

2              Termination

This Determination ceases to have effect after 31 December 2005.

3 Amendment of Determination under subsection 99L (1) of the National Health Act 1953

Schedule 1 amends the Determination made under subsection 99L (1) of the National Health Act 1953 on 11 July 2000, as amended.

Schedule 1        Amendments

(section 2)

[1]           Subparagraph 2 (a), after definition of “pharmacy”

insert

“supermarket”:

(a)    includes any retail store, or market, selling food and other domestic goods, whether or not by self-service operation and regardless of size; and

(b)    does not include a retail store or market:

(i)    commonly known as a department store; or

(ii)    in any case — in which food or produce is sold only in a café, coffee shop, restaurant or other prepared food or beverage counter;

[2]           Paragraph 5

omit

Approval

insert

Subject to paragraph 5A, approval

[3]           After paragraph 5

insert

5A.          A recommendation must not be made under paragraph 5 in relation to an applicant’s premises if:

(a)    the applicant’s premises are within, adjacent to or connected to, a supermarket; and

(b)    members of the public have direct access to the applicant’s premises from within the premises of the supermarket.

[4]           Paragraph 6

omit

Subject to paragraphs 8 and 9,

insert

Subject to paragraphs 8, 9 and 9A,

[5]           Paragraph 6A

omit

Subject to paragraphs 8 and 9,

insert

Subject to paragraphs 8, 9 and 9A,

[6]           Paragraph 6B

omit

Subject to paragraphs 8 and 9,

insert

Subject to paragraphs 8, 9 and 9A,

[7]           Paragraph 7

omit

Subject to paragraphs 8 and 9,

insert

Subject to paragraphs 8, 9 and 9A,

[8]           After paragraph 9

insert

9A.          A recommendation must not be made under paragraph 6, 6A, 6B or 7 in relation to an applicant’s premises if:

(a)    the applicant’s premises are within, adjacent to or connected to, a supermarket; and

(b)    members of the public have direct access to the applicant’s premises from within the premises of the supermarket.