Federal Court of Australia
Federal Court of Australia
Vincentia MC Pharmacy Pty Ltd v Australian Community Pharmacy Authority [2020] FCAFC 163 Appeal from: Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority [2020] FCA 93 Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority (No 2) [2020] FCA 363
File number: NSD 348 of 2020
Judgment of: PERRY, STEWART AND JACKSON JJ
Date of judgment: 30 September 2020
Catchwords: ADMINISTRATIVE LAW – statutory construction – decisions of Australian Community Pharmacy Authority to recommend to approve, and of Secretary to approve, application to supply pharmaceutical benefits under s 90 of National Health Act 1953 (Cth) – whether primary judge erred in adopting narrow construction of "for at least 70 hours each week" for purposes of definition of "large medical centre" in s 5(1) of National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (Cth) – significance of weeks which include a public holiday to proper construction of "each week" – interpretation of subordinate or delegated legislation pursuant to s 13 of the Legislation Act 2003 (Cth) and s 15AA of the Acts Interpretation Act 1901 (Cth) – legislative definition framed as substantive enactment – appeal allowed – outstanding judicial review grounds remitted to primary judge for determination
Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 30.01 Judiciary Act 1903 (Cth) s 39B Legislation Act 2003 (Cth) s 13 National Health Act 1953 (Cth) ss 87, 90, 90A, 99, 99J, 99K, 99L National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2009 (Cth) National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No 1) (Cth) National Health (Australian Community Pharmacy Authority Rules) Determination 2006 (Cth) National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (Cth) s 5, Sch 1 (item 136) Sch 2 (items 211, 212) National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth)
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