Terry White Chemists Australia Fair v Secretary to the Department of Health and Ageing [2009] FCAFC 74

FEDERAL COURT OF AUSTRALIA

Terry White Chemists Australia Fair v Secretary to the Department of Health and Ageing [2009] FCAFC 74

ADMINISTRATIVE LAW – decision – validity – power to approve a pharmacist for the purpose of supplying pharmaceutical benefits at or from particular premises – provision that nothing in section giving power authorizes decision-maker to grant approval to a pharmacist in respect of premises at which that pharmacist is not permitted, under the law of the State or Territory in which the premises are situated, to carry on business – whether decision granting approval invalid – pharmacist to whom approval granted required a permit under planning scheme to conduct business of a pharmacist at the premises in respect of which approval given – whether decision-maker bound to take account of State town-planning laws – whether limiting provision limited authority to grant approval or nature of approval granted National Health Act 1953 (Cth), ss 4(1), 84(1), 85, 89(a), 90, 90(1), 90(3A), 90(3B), 90(4), 99J, 99K, 99K(1)(b), 99L, 99L(1), Pt VII Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Acts Interpretation Act 1901 (Cth), ss 15AA, 15AB Partnership Act 1891 (Qld), s 51 Integrated Planning Act 1997 (Qld) National Health (Australian Community Pharmacy Authority Rules) Determination 2006, cll 9, 9(a)(iii), 9(b)(iii), 10, Sch 2 item 201 Terry White Chemists Australia Fair v Secretary, Department of Health and Ageing [2008] FCA 1033 affirmed Secretary, Department of Health, Housing, Local Government and Community Services v Kaderbhai (1994) 51 FCR 416 considered Pharmacy Restructuring Authority v Chatfield (1993) 43 FCR 418 cited Battalis v Secretary, Department of Health, Housing and Community Services (1994) 34 ALD 483 cited Australian Community Pharmacy Authority v Eaves; Low v Australian Community Pharmacy Authority (1997) 47 ALD 664 considered TERRY WHITE CHEMISTS AUSTRALIA FAIR A LIMITED PARTNERSHIP v THE SECRETARY TO THE DEPARTMENT OF HEALTH AND AGEING and MARCELLO VERROCCHI