Commonwealth Numbered Acts

COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1990 No. 106 of 1990 - SECT 29

29. Before Division 5 of Part VII of the Principal Act the following Divisions
are inserted:
        "Division 4B - Pharmacy Restructuring Authority
Interpretation

"99H. In this Division: `Chairperson' means the Chairperson of the Authority;
`member' means a member of the Authority. Establishment of Authority

"99J. (1) An Authority is established.

"(2) The name of the Authority is the `Pharmacy Restructuring Authority'.
Functions

"99K. (1) The functions of the Authority are:

   (a)  to consider applications made by pharmacists under section 90, 99ZA,
        99ZC or 99ZD; and

   (b)  to make, in the case of an application under section 90, a
        recommendation whether or not the applicant should be approved under
        that section in respect of particular premises; and

   (c)  to make, in the case of an application under section 99ZA:

   (i)  a recommendation whether or not the payment of an allowance under that
        section should be approved; and

   (ii) if an approval is recommended - recommendations in respect of the rate
        applicable for the payment of the allowance and the conditions (if
        any) subject to which the payment should be made;

   (d)  to make, in the case of an application under section 99ZC or 99ZD:

   (i)  a recommendation whether or not financial assistance should be granted
        under that section; and

   (ii) if a grant of financial assistance is recommended - recommendations in
        respect of the amount of the grant and the conditions (if any) subject
        to which the grant should be made; and

   (e)  to advise the Minister upon any matter concerning the operation of
        Division 4C of this Part that is referred to it by the Minister.

"(2) In making a recommendation under subsection (1), the Authority must
comply with the relevant guidelines determined by the Minister under section
99L.

"(3) All recommendations of the Authority under subsection (1) are to be made
to the Secretary. Determination of guidelines by Minister

"99L. (1) The Minister must determine in writing the guidelines subject to
which the Authority is to make recommendations under subsection 99K (1).

"(2) A determination under subsection (1) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901. Powers

"99M. The Authority has power to do all things necessary or convenient to be
done for, or in connection with, the performance of its functions. Membership

"99N. (1) The Authority consists of the following members:

   (a)  a Chairperson;

   (b)  2 persons who are to be chosen from 4 persons nominated by the
        Pharmacy Guild of Australia;

   (c)  one person (other than the 2 persons chosen under paragraph (b) )
        having experience in matters relating to the pharmacy industry;

   (d)  3 other persons.

"(2) All members are to be appointed by the Minister on a part-time basis.
Terms and conditions not provided for by this Act

"99P. A member holds office on such terms and conditions (if any), in respect
of matters not provided for by this Act, as are determined in writing by the
Minister. Defective appointment not invalid

"99Q. The appointment of a person as a member is not invalid because of a
defect or irregularity in connection with the appointment Remuneration and
allowances

"99R. (1) A member is to be paid such remuneration as is determined by the
Remuneration Tribunal, but, if no determination of that remuneration by the
Tribunal is in operation, a member is to be paid such remuneration as is
prescribed.

"(2) A member is to be paid such allowances as are prescribed.

"(3) Subsections (1) and (2) have effect subject to the Remuneration  Tribunal
Act 1973 . Leave of absence

"99S. The Minister may grant to a member leave of absence on such terms and
conditions as to remuneration or otherwise as the Minister determines.
Disclosure of interests

"99T. (1) A member who has a direct or indirect pecuniary interest in a matter
being considered by the Authority must, as soon as possible after the relevant
facts have come to the member's knowledge, disclose the nature of the interest
at a meeting of the Authority.

"(2) A disclosure under subsection (1) must be recorded in the minutes of the
meeting of the Authority and the member may not, unless the Minister otherwise
determines:

   (a)  be present during any deliberation of the Authority with respect to
        that matter; or

   (b)  take any part in any decision of the Authority with respect to that
        matter. Resignation

"99U. A member may resign by writing signed and delivered to the Minister.
Termination of appointment

"99V. (1) The Minister may terminate the appointment of a member for
misbehaviour or physical or mental incapacity.

"(2) If a member:

   (a)  becomes bankrupt, applies to take the benefit of any law for the
        relief of bankrupt or insolvent debtors, compounds with creditors or
        makes an assignment of remuneration for the benefit of those
        creditors;

   (b)  fails, without reasonable excuse, to comply with an obligation imposed
        by section 99T; or

   (c)  is absent, except on leave of absence granted under section 99S, from
        3 consecutive meetings of the Authority; the Minister may terminate
        the appointment of the member. Meetings

"99W. (1) The Chairperson may convene such meetings of the Authority as the
Chairperson considers necessary for the efficient performance of the
Authority's functions.

"(2) Meetings are to be held at such places as the Chairperson determines.

"(3) The Chairperson presides at all meetings at which he or she is present.

"(4) Where the Chairperson is not present at a meeting, the members present
must appoint one of their number to preside at the meeting.

"(5) Subject to this Act, the person presiding at a meeting may give
directions regarding the procedure to be followed at or in connection with
that meeting.

"(6) At a meeting:

   (a)  4 members constitute a quorum; and

   (b)  all questions are to be decided by a majority of votes of the members
        present and voting; and

   (c)  the person presiding has a deliberative vote and, if necessary, also
        has a casting vote.

"(7) The Authority must keep records of its meetings. Committees

"99X. (1) The Authority:

   (a)  may, with the approval in writing of the Minister, establish
        committees to assist it in performing its functions; and

   (b)  must, if the Minister so requires in writing, establish a committee to
        assist it in advising the Minister on a particular matter referred to
        it by the Minister.

"(2) A committee consists of the persons (whether or not members of the
Authority) appointed by the Minister to be its members.

"(3) An appointment under subsection (2) is on a part-time basis.

"(4) For the purposes of section 99R, the members of a committee who are not
members of the Authority are taken to be members of the Authority. Cessation
of operation

"99Y. Unless sooner repealed, this Division ceases to have effect at the end
of 31 March 1995.

"Division 4C - Financial assistance for restructuring of pharmacy
industry Interpretation

"99Z. In this Division: `amalgamation agreement' means an agreement of the
kind referred to in section 99ZB. Essential pharmacy allowance

"99ZA. (1) Subject to this section, the Secretary may, upon application by the
pharmacist or pharmacists approved under section 90 in respect of particular
premises, approve the payment to the pharmacist or pharmacists of an essential
pharmacy allowance in respect of the premises.

"(2) An application under subsection (1) must be referred to the Authority.

"(3) The payment of an allowance may be approved under this section only if
the Authority has recommended the making of the payment, but the Secretary may
refuse to approve a payment even if it has been recommended by the Authority.

"(4) An approval must be in writing and set out the following details in
accordance with the recommendations of the Authority:

   (a)  the rate at which the allowance is payable;

   (b)  any conditions subject to which the allowance is payable. Amalgamation
        agreement

"99ZB. (1) An amalgamation agreement is an agreement the purpose of which is
to reduce the number of premises from which pharmaceutical benefits are
supplied.

"(2) The agreement may be in respect of 2 or more such premises in an area.

"(3) The agreement is to the effect that:

   (a)  pharmaceutical benefits are to be supplied at or from one of those
        premises; and

   (b)  pharmaceutical benefits will cease to be supplied at or from the other
        premises.

"(4) The parties to the agreement are the pharmacist or pharmacists (as the
case may be) approved under section 90 in respect of each of the premises to
which the agreement relates. Financial assistance - amalgamation of pharmacies

"99ZC. (1) All pharmacists who are parties to a particular amalgamation
agreement may together make an application to the Secretary for financial
assistance under this section.

"(2) An application under subsection (1) must be referred to the Authority.

"(3) Subject to this section, the Secretary may approve the grant of financial
assistance to the pharmacists who have made an application under subsection
(1).

"(4) A grant may be approved under this section only if the Authority has
recommended the making of the grant, but the Secretary may refuse to approve a
grant even if it has been recommended by the Authority.

"(5) An approval must be in writing and set out the following details in
accordance with the recommendations of the Authority:

   (a)  the amount of the grant;

   (b)  any conditions subject to which the grant is made. Financial
        assistance - closure of pharmacies

"99ZD. (1) Subject to subsection (2), where the pharmacist or pharmacists
approved under section 90 in respect of particular premises propose to cease
supplying pharmaceutical benefits at or from those premises, the pharmacist,
or the pharmacists together, may make an application to the Secretary for
financial assistance under this section.

"(2) The pharmacist or pharmacists may not make an application under
subsection (1) if the supply of pharmaceutical benefits at or from the
premises is to cease because the pharmacist or pharmacists have agreed to do
so under an amalgamation agreement.

"(3) An application under subsection (1) must be referred to the Authority.

"(4) Subject to this section, the Secretary may approve the grant of financial
assistance to the pharmacist or pharmacists who have made an application under
subsection (1).

"(5) A grant may be approved under this section only if the Authority has
recommended the making of the grant, but the Secretary may refuse to approve a
grant even if it has been recommended by the Authority.

"(6) An approval must be in writing and set out the following details in
accordance with the recommendations of the Authority:

   (a)  the amount of the grant;

   (b)  any conditions subject to which the grant is made. Time limit for
        making applications

"99ZE. An application may not be made under this Division after 28 February
1995. Appropriation

"99ZF. Payments approved under this Division are to be made out of money
appropriated by Parliament for the purposes of this Division. Cessation of
operation

"99ZG. Unless sooner repealed, this Division ceases to have effect at the end
of 6 months after the day on which the first determination that the Tribunal
makes after 31 March 1995 comes into operation.".
Commencement: Day of Royal Assent