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Notice given 13 May 2003

1454  Senator Bishop: To ask the Minister for Health and Ageing—

(1) Can the Minister confirm that, following the decision of the Federal Court of Wood v ACPA , the Australian Community Pharmacy Authority (ACPA) has rejected an application for the opening of a second pharmacy in Karratha, Western Australia, in line with the provisions of the new rules of the ‘Third Community Pharmacy Agreement’, which came into effect on 1 July 2002.

(2) During the period in which the Federal Court was considering the matter prior to 19 December 2002, can the Minister confirm that the ACPA sought to issue an approval for an additional pharmacy in Karratha, even though such a decision was subject to a stay of proceedings.

(3) (a) What consideration is currently being given by the department to the amendment of the new rules of 1 July 2002; and (b) on how many occasions since 1 July 2002 have discussions been held with the Pharmaceutical Guild of Australia on the matter.

(4) Have oral or written representations been made by the Member for Kalgoorlie or by any other Member or Senator from Western Australia to the Minister on revising the new rules; if so, on what dates.

(5) Is the Minister aware that one of the proponents of the proposed second pharmacy in Karratha advised a meeting of the Roebourne Shire on 16 December 2002, that that proponent was actively working with the Health Insurance Commission to ‘fix the legislation’.

(6) Since 1 July 2002, what representations have been made to the department, the Health Insurance Commission or the ACPA, written or oral, and on what dates, by any party associated with the rejected application for the establishment of a second pharmacy in Karratha.