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Inas Karem Holdings Pty Ltd v Secretary, Department of Health and Aged Care [2024] FCA 352

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HEALTH LAW - pharmaceutical benefits - where applicant had approval to supply pharmaceutical benefits from certain premises but was no longer carrying on business from those premises - where in those circumstances s 98(3) of National Health Act 1953 (Cth) gives Departmental Secretary discretion to cancel approval - where approval cancelled by delegate of Departmental Secretary and applicant applied for review in Administrative Appeals Tribunal - whether Tribunal erred in law in affirming cancellation - whether Tribunal failed to give any or any adequate reasons for its decision - whether Tribunal failed to exercise its discretion - whether Tribunal failed to consider applicant's claims, arguments and evidence - whether Tribunal assumed that matters which enlivened discretion were determinative of its exercise

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