Regulatory Reform Omnibus Act 2025 (73 of 2025)

Schedule 2   Amendments to improve or maintain access to government services

Part 4   Strengthening integrity of the pharmacy approval process

Division 1   Main amendments

National Health Act 1953

28   After section 94

Insert:

94A Suspension of approval of pharmacist - State or Territory suspension

(1) The Secretary may suspend the approval of an approved pharmacist under section 90 if the pharmacist's registration as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists has been suspended (however described).

(2) Before deciding to suspend the approval, the Secretary must notify the pharmacist that suspension under this section is being considered. The notice must:

(a) be in writing; and

(b) invite the pharmacist to make written submissions to the Secretary within the period of 28 days (the submission period ) after being given the notice.

(3) In deciding whether to suspend the approval, the Secretary must consider any written submissions made by the person during the submission period.

(4) The Secretary must give to the pharmacist written notice of the decision. The notice must specify the period for which the approval is suspended.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person's review rights.

(5) If the Secretary does not give the pharmacist written notice of the decision within the period of 60 days after the end of the submission period, the Secretary is taken to have decided not to suspend the approval.

(6) If the Secretary suspends the approval, the Secretary may, by written notice at any time, further suspend the approval under subsection (1) or remove the suspension.

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

94B Review of suspension decisions

(1) If the Secretary suspends the approval of an approved pharmacist under section 94A, the pharmacist may apply, in writing, to the Secretary for reconsideration by the Secretary of the decision.

(2) On receiving an application under subsection (1), the Secretary must reconsider the decision and:

(a) affirm the suspension; or

(b) remove the suspension.

(3) The Secretary must give to the applicant written notice of the Secretary's decision under subsection (2).

Note: Section 105AC of this Act and section 266 of the Administrative Review Tribunal Act 2024 require the person to be notified of the person's review rights.

(4) In this section:

decision has the same meaning as in the Administrative Review Tribunal Act 2024.