Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If section 90A applies to a decision of the Secretary under section 90 rejecting an application by a pharmacist, the pharmacist may, in writing, request the Minister to exercise the Minister's power under subsection 90A(2) in respect of the Secretary's decision.
(2) The Minister may determine the form in which a request under subsection (1) must be made and, if the Minister does so, such a request must be made in that form.
(3) A request under subsection (1) must be made:
(a) within 30 days after the pharmacist is notified of the Secretary's decision; or
(b) if the pharmacist has applied to the Administrative Review Tribunal for review of the Secretary's decision--within 30 days after:
(i) the pharmacist is given a copy of the Administrative Review Tribunal's decision affirming the Secretary's decision; or
(ii) the application has been discontinued, withdrawn or dismissed; or
(c) if the pharmacist has sought an order from a federal court in respect of the Secretary's decision or a decision of the Administrative Review Tribunal affirming the Secretary's decision--within 30 days after:
(i) the court has made an order affirming the Secretary's decision or the Administrative Review Tribunal's decision, as the case requires; or
(ii) the court proceeding has been discontinued, withdrawn or dismissed.
(3A) Despite subsection (3), if:
(a) the pharmacist makes an application under section 123 of the Administrative Review Tribunal Act 2024 for the President of the Administrative Review Tribunal to refer a decision on review of the Secretary's decision to the guidance and appeals panel for review; and
(b) the President refuses the application;
the pharmacist may make a request under subsection (1) within 30 days of the day on which the pharmacist is notified of the refusal under section 129 of the Administrative Review Tribunal Act 2024 .
(4) The Minister must, within 3 months after receiving a request under subsection (1), personally decide whether to consider the request. If the Minister has not made a decision within this period, the Minister is taken to have decided not to consider the request.
(5) If the Minister decides to consider a request under subsection (1), the Minister must, within 3 months after making that decision, personally decide whether to exercise the power under subsection 90A(2) in respect of the Secretary's decision. If the Minister has not made a decision within this period, the Minister is taken to have decided not to exercise the power under subsection 90A(2) in respect of the Secretary's decision.
(6) The Secretary must, by notice in writing, advise the pharmacist of:
(a) the decision made, or taken to have been made, by the Minister under subsection (4); and
(b) if applicable, the decision made, or taken to have been made, by the Minister under subsection (5).