Prohibited promotional arrangements
237 Prohibited promotional arrangements
Section 28(d) applies in relation to an application for a pharmacy business licence decided after the commencement, whether the application was made before or after the commencement.
Section 65(1)(g) applies in relation to a pharmacy business licence, whether the licence was granted before or after the commencement.
Subsection (4) applies in relation to a pharmacy business carried on at premises—
that are in, or directly accessible from, supermarket premises; and
to which section 220 applies.
In sections 28(d) and 65(1)(g), a reference to a prohibited promotional arrangement does not include a reference to an arrangement that would otherwise be a prohibited promotional arrangement, if the arrangement—
provides for advertising or otherwise promoting, using electronic means, the supermarket business being carried on at the supermarket premises and either—
the pharmacy business; or
the business of a franchisor or other entity that has an arrangement with the pharmacy business providing for the pharmacy business to operate under the franchisor’s or other entity’s brand; and
Example of an other entity—
a brand licensor
is between the owner of the supermarket business and—
the owner of the pharmacy business; or
the franchisor or other entity mentioned in paragraph (a)(ii).
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.