Pharmacists Registration Act 2001
An Act to provide for the registration and regulation of pharmacists, to repeal the Pharmacy Act 1908 and for related purposes
[Royal Assent 17 December 2001]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Pharmacists Registration Act 2001 .
This Act commences on a day to be proclaimed.
In this Act, unless the contrary intention appears –applicant means a person who submits an application to the Board;application means an application to be registered as a pharmacist;approved means approved by the Board;Board means Pharmacy Board of Tasmania;business address means the address of the premises at or from which a person practises as a pharmacist;certificate of registration means a certificate issued by the Board under section 30 or 37 ;chairperson means chairperson of the Board;committee means a committee established by the Board under section 13 ;committee of inquiry means a committee established for the purposes of section 25 ;complaint means a complaint made under section 42 ;contravene includes fail to comply;defendant means a registered pharmacist who is the subject of formal disciplinary proceedings;disciplinary tribunal means the Board when acting as a disciplinary tribunal under Subdivision 4 of Division 2 of Part 4 ;financial year means the 12 month period ending on 31 December in any year;foreign pharmacists law means a law of a jurisdiction outside this State relating to the registration, licensing or enrolment of pharmacists;formal disciplinary proceedings means disciplinary proceedings under Subdivision 4 of Division 2 of Part 4 ;functions includes duties;informal disciplinary proceedings means disciplinary proceedings under section 50 ;inquiry means an inquiry under Division 2 of Part 3 ;inspection means an inspection under section 59 ;interim certificate of registration means an interim certificate of registration issued by the Registrar under section 24 ;investigating committee means a committee established for the purposes of Division 2 of Part 4 ;investigation means an investigation under Subdivision 2 of Division 2 of Part 4 ;member means member of the Board and includes the chairperson;notice means notice in writing;pharmacists registration authority means a body established under the law of another State or of a Territory and having functions similar to the functions of the Board;pharmacy means a shop or other place, or a part of a shop or other place, in which a person practises as a pharmacist;Pharmacy Code means by-laws made by the Board, and in force, under section 12 ;recommendation means a recommendation under section 48(a) ;register means the Register of Pharmacists kept by the Board under section 32 ;registered means registered under this Act;registered pharmacist means a person who is registered as a pharmacist;Registrar means the Registrar of the Board appointed under section 14 ;report includes publish;Secretary means Secretary of the Department;specified means specified in writing by the Board.
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Nothing in this Act extends to or affects the business of manufacturing chemists or wholesale chemists.
PART 2 - Pharmacy Board
Division 1 - The Board
(1) The Pharmacy Board of Tasmania established under section 3 of the Pharmacy Act 1908 is continued as a body corporate with perpetual succession.(2) The Board –(a) may acquire, hold, dispose of and otherwise deal with property; and(b) may sue and be sued in its corporate name.
(1) The Board consists of –(a) 5 registered pharmacists nominated by the Minister from among the names provided, recommended or accepted under subsection (4) ; and(b) 2 persons, who are not pharmacists, nominated by the Minister to represent the interests of the consumers of the services that pharmacists provide.(2) The members are appointed by the Governor.(3) The Minister, on the recommendation of the members, must appoint a member as chairperson.(4) For the purpose of making nominations under subsection (1)(a) , the Minister may –(a) request any body that purports to represent the professional interests of pharmacists to provide the Minister with a list of names; and(b) accept a recommendation from any body that purports to represent the professional interests of pharmacists or from any registered pharmacist; and(c) accept an expression of interest from any registered pharmacist.(5) If a body that is requested to provide the Minister with a list of names under subsection (4) fails to do so within such period of not less than 2 months as is specified in the request, the Minister may nominate persons under subsection (1)(a) without further reference to that body.(6) Schedule 1 has effect with respect to membership of the Board.(7) Schedule 2 has effect with respect to meetings of the Board.
Division 2 - Functions, powers and objectives
The Board has the following functions:(a) to administer the scheme of registration under Part 3 ;(b) to supervise the practice of pharmacists in this State;(c) to investigate complaints and, as necessary, undertake disciplinary action against registered pharmacists;(d) to prosecute offences against this Act;(e) to monitor the standard and provision of the services that pharmacists provide in this State;(f) to monitor standards of education and training in pharmacy;(g) to advise the Minister on matters relating to this Act;(h) such other functions as are imposed on the Board by this or any other Act or as may be prescribed.
The Board has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, has power to –(a) share information with pharmacists registration authorities and other relevant bodies; and(b) publish and distribute information about this Act to registered pharmacists and other interested persons; and(c) provide or arrange for the provision of continuing professional education for registered pharmacists; and(d) support other forms of education and training in pharmacy; and(e) be a member of any national or other body, program or forum concerned with pharmacists or pharmacy; and(f) participate in the establishment of a body, program or forum referred to in paragraph (e) ; and(g) hold or arrange examinations; and(h) do anything incidental to any of its powers.
The Board must perform its functions and exercise its powers so as to –(a) ensure that the services that registered pharmacists provide to the public are of the highest possible standard; and(b) ensure that persons who practise as pharmacists do so according to the highest professional standard; and(c) guard against unsafe, incompetent and unethical practices by registered pharmacists.
The Board may delegate any of its functions or powers, other than this power of delegation, to a member of the Board, the Registrar or a committee.
(1) The Board, by resolution in accordance with subsection (2) , may make by-laws consistent with this Act for the purpose of providing practical guidance and direction to pharmacists.(2) A resolution of the Board to make a by-law must be adopted on the affirmative vote of at least 5 members present and voting at the relevant meeting.(3) A by-law made under subsection (1) is not a statutory rule within the meaning of the Rules Publication Act 1953 .(4) By-laws made under subsection (1) may be referred to, collectively, as the Pharmacy Code.(5) The Pharmacy Code may from time to time be amended, or rescinded and remade in its entirety, in accordance with this section.(6) The Board must –(a) make a copy of the Pharmacy Code available at its office to be inspected by any person on request free of charge; and(b) ensure that any person who wishes to do so may obtain a copy of the Pharmacy Code from the Board.(7) The Board may charge a fee to recover the cost of providing a person with a copy of the Pharmacy Code.(8) The Board may publish the Pharmacy Code as it sees fit.(9) In any proceedings, the production of a certificate purporting to be signed by the chairperson or Registrar and stating that –is evidence, and in the absence of evidence to the contrary proof, of the matters stated.(a) a document annexed to the certificate is, or a document set out in or annexed to the certificate is a true copy of, a by-law made under this section; and(b) the by-law was in force under this section on a date or during a period specified in the certificate –
Division 3 - Miscellaneous
(1) The Board may establish such committees as it considers necessary for the purpose of assisting it in the performance of any of its functions or the exercise of any of its powers or advising it on any matter relating to this Act.(2) Except as otherwise provided in this Act –(a) a committee comprises such persons as the Board appoints; and(b) a member of the Board may be a member of a committee.(3) A member of a committee is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Board may from time to time determine and any such remuneration is to be paid by the Board.(4) The Board may give written directions to a committee and the committee must comply with any such directions.(5) A committee must keep accurate minutes of its proceedings.(6) Except as otherwise provided in this Act, a committee may regulate its own proceedings.
14. Registrar and other employees
(1) The Board must appoint a Registrar and may appoint such other employees as may be necessary for the performance of its functions and the exercise of its powers.(2) The Registrar is to act as secretary to the Board.(3) The State Service Act 2000 does not apply to employees of the Board.
15. Use by Board of services of persons
(1) The Board may arrange with the Head of an Agency within the meaning of the State Service Act 2000 for the services of persons employed in that Agency to be made available to the Board.(2) The Board may arrange with any other person for the services of persons employed by that person to be made available to the Board.(3) The cost of making a person's services available to the Board in accordance with this section is to be met by the Board.
(1) A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act.(2) A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint.
Division 4 - Finance and reports
(1) The Board is to keep such authorised deposit-taking institution accounts as it considers necessary.(2) The funds of the Board are to be paid to the credit of such of the accounts referred to in subsection (1) as the Board determines and are to consist of –(a) money received by way of fees, fines, penalties and charges paid to or recovered by the Board; and(b) any money borrowed by the Board; and(c) any money received by the Board from other sources.(3) The funds of the Board are to be applied –(a) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Board in the performance of its functions and the exercise of its powers; and(b) in the payment of any remuneration payable by the Board.(4) The Board may invest any money that it is holding in any manner in which a trustee is authorised by law to invest trust funds.
(1) The accounts and records of the Board are subject to the Financial Management and Audit Act 1990 .(2) The Board must pay into the Consolidated Fund such amounts as the Treasurer may require towards the reasonable costs and expenses of audits conducted pursuant to this section.
The Board must keep proper accounts and records of its financial affairs and, not later than 30 April after the end of each financial year, prepare a statement of accounts in a form approved by the Auditor-General exhibiting a true and correct view of the financial position and transactions of the Board for that financial year.
(1) The Board must, not later than 31 August after the end of each financial year, give the Minister a report on its operations for that financial year.(2) The report is to incorporate the audited statement of accounts prepared for the relevant financial year under section 19 .(3) The Minister may, in writing, direct the Board to prepare the report in a particular way or to include particular information in the report.(4) The report may be appended to an annual report of the Department.(5) Subsection (4) has effect notwithstanding section 36(3) of the State Service Act 2000 or section 27(2) of the Financial Management and Audit Act 1990 .(6) If the Board's report is not appended to an annual report of the Department, the Minister must cause the Board's report to be laid before each House of Parliament by not later than 30 November after the end of the financial year to which it relates.
PART 3 - Registration
Division 1 - Applying for registration
21. Who may apply for registration?
(1) A person may apply to the Board to be registered as a pharmacist if –(a) the person has –(i) gained a qualification approved by, or gained a qualification from an institution accredited by, a prescribed national pharmacists body or forum; or(ii) passed a qualifying examination in pharmacy held by a prescribed national pharmacists body or forum; and(b) the person has, within 3 years of gaining that qualification or passing that examination –(i) completed, to the satisfaction of the Board, an approved preregistration program; and(ii) attended and passed any approved examinations in the course of, or on the completion of, that program; and(iii) passed an examination set by the Board for the purposes of this section; and(c) the person has, to the satisfaction of the Board, completed an approved course of training in first aid.(2) For the purposes of subsection (1)(a)(i) , a person may be taken to have gained a qualification once the person has successfully completed the required studies and training, if any, even though the qualification may not have been formally awarded or conferred.
(1) An application is to be –(a) in a form approved by the Board; and(b) lodged with the Registrar; and(c) accompanied by the prescribed application fee and annual registration fee; and(d) accompanied by such information or evidence as the Board requires.(2) The Board may require an applicant to provide such further information or evidence as it considers necessary in order to consider the application.(3) The Board may waive all or part of the fees.
Division 2 - Determination of entitlement
23. Entitlement to registration
(1) Subject to subsection (2) , an applicant is entitled to be registered as a pharmacist if the Board is satisfied that the applicant –(a) is eligible to apply for registration; and(b) has sufficient physical capacity, mental capacity and skill to engage in the practice of pharmacy; and(c) is of good fame and character; and(d) has an adequate command of the English language; and(e) is an Australian citizen or resides in a State or Territory of the Commonwealth.(2) The Board may determine that an applicant is not entitled to be registered if it is not satisfied that the applicant, when practising, will have adequate professional indemnification arrangements.
(1) The Registrar may grant an applicant interim registration if the Registrar reasonably considers that the applicant is entitled to be registered as a pharmacist but that it is not practicable to wait until the Board can consider the application.(2) Interim registration may be granted unconditionally or subject to conditions.(3) The Registrar must issue an interim certificate of registration to a person who is granted interim registration.(4) The interim certificate of registration is to be in such form, and contain such information, as the Registrar determines.(5) A person to whom interim registration is granted is taken to be a registered pharmacist for the period during which the interim registration is in force subject to the conditions, if any, determined by the Registrar and specified in the interim certificate of registration.(6) The Board may cancel a person's interim registration for any reason it considers sufficient.(7) If the Board decides to cancel a person's interim registration it must immediately give the person notice of its decision and the reasons for its decision.(8) Interim registration is in force from the date on which it is granted until the date on which the person to whom it has been granted is given notice by the Board that it has –(a) registered the person; or(b) refused to register the person; or(c) cancelled the person's interim registration.
(1) The Board may hold an inquiry to determine the entitlement of an applicant to be registered.(2) Unless the Board determines otherwise, an inquiry is to be conducted by a committee established pursuant to section 13 and constituted by not less than 3 persons at least 2 of whom are to be registered pharmacists.(3) A committee established for the purposes of this section is called a committee of inquiry.(4) Schedule 3 has effect in relation to the powers and procedures of committees of inquiry.(5) In a case to which this section applies, the Registrar must give the applicant and the Secretary notice of –(a) the reasons for holding the inquiry; and(b) the date, time and place set for the hearing of the inquiry.(6) A notice under subsection (5) to an applicant is to inform the applicant of the applicant's right to be represented in the inquiry.(7) A notice under subsection (5) is to be given to the applicant at least 14 days before the date set for the hearing of the inquiry.
26. Recommendation of committee of inquiry
(1) After it has conducted an inquiry, a committee of inquiry must give the Board a written report containing –(a) a recommendation as to whether the applicant is entitled to be registered as a pharmacist and, if so, whether the registration should be unconditional or subject to conditions; and(b) if the committee recommends that the applicant is entitled to be registered subject to conditions, a further recommendation as to what those conditions should be.(2) A report under subsection (1) is also to –(a) contain any findings on questions of fact and the evidence or other material on which the findings are based; and(b) set out the reasons for any recommendation.
Division 3 - Grant or refusal of registration
27. Determination of application
(1) In this section,agreed period means a period agreed upon by the Board and the applicant for the purpose of this section.(2) If the Board is satisfied that an applicant is entitled to be registered it must register the applicant and it may do so unconditionally or subject to conditions.(3) In a case to which subsection (2) applies, the Board must give the applicant notice of –(a) the applicant's registration; and(b) if applicable, the conditions of registration and the applicant's rights of review and appeal in relation to those conditions.(4) If the Board is not satisfied that an applicant is entitled to be registered, it must refuse to register the applicant.(5) If the Board does not register an applicant within a period of 3 months or a further agreed period after his or her application is lodged, the Board is taken to have refused to register the applicant.(6) In a case to which subsection (4) or (5) applies, the Board must –(a) give the applicant notice of the refusal to register, the reasons for the refusal and the applicant's right of appeal; and(b) refund the annual registration fee that accompanied the application.
28. Special grounds for refusing to grant registration
Without limiting the matters that the Board may have regard to under section 23(1)(b) or (c) , the Board may determine that an applicant is not entitled to be registered as a pharmacist if –(a) the applicant's authority to practise as a pharmacist under a foreign pharmacists law has been cancelled or suspended for a reason relating to the applicant's professional conduct or physical or mental capacity; or(b) the applicant has been convicted in Tasmania or elsewhere of a crime or an offence of a kind that, in the Board's opinion, makes it not in the public interest to allow the applicant to practise as a pharmacist; or(c) the Board considers it is not in the public interest to grant the application because the applicant habitually misuses alcohol or drugs.
29. Review of registration conditions
(1) A person may, at intervals of not less than 12 months each, apply to the Board to review a condition that the person's registration has been made subject to under section 27(2) .(2) A person's right under subsection (1) is in addition to the person's right of appeal under section 60(1)(b) .(3) The Board, on its own initiative, may at any time review a condition that a person's registration has been made subject to under section 27(2) .(4) After it has reviewed a condition of a person's registration under this section, the Board may –(a) leave the condition in place; or(b) remove the condition; or(c) modify the condition so as to make it less onerous.(5) As soon as practicable after it has reviewed a condition of a person's registration under this section, the Board must give the person notice of the outcome of the review.
30. Certificates of registration
(1) The Board must issue a certificate of registration to a person who is granted registration.(2) A certificate of registration is to –(a) be in such form and contain such information as the Board determines; and(b) specify the conditions, if any, that the registration is subject to.(3) A certificate of registration is evidence that, for the period or until the date specified in the certificate –(a) the person named in the certificate is a registered pharmacist; and(b) the person named in the certificate is entitled to practise as a pharmacist in this State subject to the conditions, if any, specified in the certificate.(4) If the Board is satisfied that a certificate of registration has been lost or destroyed, it may issue a replacement certificate, marked as such, on payment of the prescribed fee.(5) The Board may, by notice, require a registered pharmacist to surrender his or her certificate of registration to enable the Board to issue that pharmacist with a new certificate of registration with amended particulars.(6) A registered pharmacist who is given a notice under subsection (5) must surrender his or her certificate of registration to the Board within 14 days after being given the notice or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units.
31. Offences in relation to certificates of registration
A person who is issued with a certificate of registration or an interim certificate of registration must not –(a) lend or agree to lend that certificate to another person; or(b) allow that certificate to be used by another person.Penalty: Fine not exceeding 25 penalty units.
Division 4 - Register of Pharmacists
(1) The Board must keep a register called the Register of Pharmacists.(2) The Board must record the following information in the register in relation to each person who is granted registration:(a) the person's full name;(b) the person's business or contact address;(c) the person's relevant qualifications;(d) the date of the person's registration;(e) any conditions that the person's registration has been made subject to under section 27(2) and any modification of those conditions.(3) The Board must also record the following matters in the register:(a) the renewal of a person's registration;(b) the suspension of a person's registration;(c) any conditions that a person's registration has been made subject to under section 53(1)(d) and any modification of those conditions;(d) the removal from the register of a person's name;(e) the restoration to the register of a person's name;(f) any change in the business or contact address of a registered person.(4) The register may contain such other information as the Board considers necessary or appropriate.(5) A registered pharmacist, or a pharmacist whose registration is suspended, must, within 14 days after changing his or her name, business address or contact address, give the Board notice of the change and the new name or address.Penalty: Fine not exceeding 15 penalty units.
(1) A registered pharmacist may apply to the Board to have an inaccurate or erroneous entry in the register corrected and, if the Board is satisfied that the entry is inaccurate or erroneous, it must correct the register accordingly.(2) No fee is payable for the application.(3) The Board may require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.
(1) A person may, on payment of the prescribed fee, inspect the register at the office of the Board.(2) A person inspecting the register may, on payment of the prescribed fee, obtain a copy of or extract from the register.(3) The Board may waive all or part of the fee.
35. Publication of register, &c.
(1) The Board may publish in the Gazette –(a) a copy of the register or a part of the register; or(b) a notice of the grant of registration to any person including any conditions imposed on the registration; or(c) a notice of the removal from the register of the name of any person; or(d) a notice of the restoration to the register of the name of any person; or(e) a notice of the suspension of the registration of any person; or(f) a notice of any disciplinary action taken under section 53 in relation to a registered person.(2) The Board may provide a person with a copy of a notice referred to in subsection (1) on payment of the prescribed fee.(3) The Board may waive all or part of the fee.
36. Protection of private information
Notwithstanding sections 34 and 35 –(a) the register made available for public inspection need not include the information, or all the information, referred to in section 32(4) ; and(b) a copy of the register or a part of the register published in the Gazette need not include the information, or all of the information, referred to in section 32(4) ; and(c) if the Board records a person's private address in the register, that address is not to appear in the register as made available for public inspection or be published in the Gazette without the person's consent.
(1) In this section –due date means –(a) 31 December; or(b) if another date is prescribed, that date;registered pharmacist includes a person whose registration is suspended.(2) A registered pharmacist must, on or before the due date in each year –(a) pay the Board the prescribed annual registration fee; and(b) provide the Board with any information it requires.(3) A registered pharmacist who pays the prescribed annual registration fee after but within 30 days of the due date must pay the prescribed late fee.(4) The Board may waive all or part of the annual registration fee or late fee.(5) Subject to subsections (6) and (7) , the Board must immediately issue a new certificate of registration to each registered pharmacist who, in any year –(a) pays the prescribed annual registration fee on or before the due date; or(b) pays the prescribed annual registration fee and late fee after but within 30 days of the due date.(6) The Board may refuse to issue the new certificate of registration if it is not satisfied that the registered pharmacist –(a) complies with the requirements specified in section 23(1)(b) , (c) , (d) and (e) ; or(b) has adequate professional indemnification arrangements.(7) The Board must not issue a new certificate of registration to a registered person who has not actively practised pharmacy in the 5 year period immediately preceding the due date unless it is satisfied that the person –(a) complies with the requirements of section 23(1)(b) , (c) , (d) and (e) ; and(b) would, if applying to be registered for the first time, be eligible to apply for the registration.(8) The name of a registered pharmacist who in any year fails to pay the prescribed annual registration fee on or before the due date, or the prescribed annual registration fee and late fee within 30 days after the due date, is to be removed from the register in accordance with section 38 .(9) The name of a registered pharmacist who is refused the issue of a new certificate of registration pursuant to subsection (6) or (7) is to be removed from the register in accordance with section 38 .(10) In a case to which subsection (9) applies, the Board must refund the annual registration fee and, if applicable, late fee.(11) For the purposes of this section, other than subsection (10) , a person whose obligation to pay a fee has been wholly or partly waived is taken to have paid that fee.
(1) Subject to subsection (2) –(a) the Board may remove from the register the name of a person who –(i) contravenes a condition of his or her registration; or(ii) fails to pay, within the time specified for payment, a fine imposed on the person under section 53(1)(c) ; or(iii) fails to comply with a requirement made of the person under section 53(1)(e) ; or(iv) fails to honour an undertaking given to the Board; and(b) the Board must remove from the register the name of a person –(i) who dies; or(ii) who requests the Board to remove his or her name from the register; or(iii) in relation to whom a decision under section 53(1)(a) has taken effect; or(iv) who ceases to be registered by virtue of section 37(8) ; or(v) who ceases to be registered by virtue of section 37(9) ; or(vi) who is no longer entitled to be registered; or(vii) whose authority to practise as a pharmacist under a foreign pharmacists law has been cancelled for a reason relating to the person's professional conduct or physical or mental capacity; or(viii) who has been registered by reason of a false or misleading statement or declaration; or(ix) whose right to dispense or otherwise supply a scheduled substance, prohibited substance or raw narcotic under the Poisons Act 1971 has been revoked under section 92 of that Act.(2) The Board must not remove a person's name from the register under subsection (1)(a) or subsection (1)(b)(vi) , (vii) , (viii) or (ix) without first affording the person a reasonable opportunity to be heard.(3) If the Board removes a living person's name from the register other than in a case to which subsection (1)(b)(iii) applies, it must immediately give the person notice of the removal.(4) A notice under subsection (3) is –(a) except in a case to which subsection (1)(b)(ii) applies, to specify the reasons for the removal; and(b) except in a case to which subsection (1)(b)(ii) , (iii) or (iv) applies, to inform the person concerned of his or her right of appeal.(5) A person ceases to be a registered pharmacist when the giving of the notice has been effected.(6) If the Board removes a person's name from the register, it may require that a specified period must elapse or that a specified condition must be fulfilled before the person may apply for registration.
39. Deregistered person must surrender certificate
A person who is given notice by the Board that his or her name has been removed from the register must surrender his or her certificate of registration to the Board within 7 days after being given the notice or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units and, in the case of a continuing offence, a further fine not exceeding 1.5 penalty units for each day during which the offence continues.
40. Restoring name on register
(1) Subject to this section, on payment of the prescribed restoration fee and annual registration fee the Board must restore a person's name to the register if –(a) the person previously requested the removal of his or her name from the register under section 38(1)(b)(ii) and requests that his or her name be restored to the register; or(b) the person has had his or her name removed under section 38(1)(b)(iv) .(2) The Board may waive all or part of the fees.(3) The Board may refuse to restore a person's name to the register if it is not satisfied that the person –(a) complies with the requirements specified in section 23(1)(b) , (c) , (d) and (e) and would, if applying to be registered for the first time, be eligible to apply for the registration; or(b) has adequate professional indemnification arrangements.(4) If the Board refuses to restore a person's name to the register, it must, as soon as practicable, give the person notice of –(a) the refusal and the reasons for the refusal; and(b) the person's right of appeal.(5) If the Board restores a person's name to the register, it must, on request, issue the person with a new certificate of registration.
(1) A copy of an entry in the register purporting to be signed by the Registrar is evidence that the entry was duly made.(2) A certificate purporting to be signed by the Registrar and stating any one or more of the following matters is evidence of the matters stated:(a) a person specified in the certificate was or was not a registered pharmacist on a date or during a period specified in the certificate;(b) the registration of a person specified in the certificate was subject to a condition specified in the certificate on a date or for a period specified in the certificate;(c) the registration of a person specified in the certificate was totally or partially suspended on a date or for a period specified in the certificate;(d) the name of a person specified in the certificate was removed from the register on a date or for a period specified in the certificate.
PART 4 - Discipline
Division 1 - Complaints
(1) Any person may make a complaint against a registered pharmacist.(2) The Board must ensure that a complaint is investigated in accordance with this Part.(3) A complaint may be made and dealt with under this Part even though the person who is the subject of the complaint has ceased to be a registered pharmacist and, for that purpose, a reference in this Act to a registered pharmacist includes a reference to a person who has ceased to be registered or whose registration is suspended.(4) A complaint may be made and dealt with under this Part even though the registration of the person who is the subject of the complaint was suspended at the time of the matter complained of.
43. Specific matters of complaint
(1) Without limiting the matters about which a complaint may be made, a person may complain that a registered pharmacist –(a) has been registered by reason of a false or misleading statement or declaration; or(b) no longer holds, or is no longer entitled to hold, a qualification by reason of which the pharmacist was registered; or(c) lacks sufficient physical capacity, mental capacity or skill to practise as a pharmacist; or(d) is not entitled on other grounds to be registered; or(e) has been guilty of professional misconduct.(2) Without limiting the matters that may constitute professional misconduct, a registered pharmacist is guilty of such misconduct if the pharmacist –(a) contravenes section 31 , section 59(4) or Part 6 , or a regulation that is prescribed as a disciplinary regulation; or(b) contravenes the Pharmacy Code; or(c) contravenes a provision of the Poisons Act 1971 ; or(d) contravenes a foreign pharmacists law; or(e) contravenes a condition of the pharmacist's registration; or(f) fails to pay, within the time specified for payment, a fine imposed on the pharmacist under section 53(1)(c) ; or(g) fails to comply with a requirement made of the pharmacist under section 53(1)(e) or section 56(3) or (4) ; or(h) fails to honour an undertaking given to the Board; or(i) is negligent or incompetent in practising as a pharmacist; or(j) behaves in a fraudulent or dishonest manner in practising as a pharmacist; or(k) obstructs or otherwise prejudices any inquiry, investigation or disciplinary proceedings under this Act.
(1) A complaint is to –(a) be made in writing; and(b) contain particulars of the matter complained of; and(c) identify the registered pharmacist against whom the complaint is being made or, if that is not possible, set out such information relating to the identity of the registered pharmacist as is known to the complainant; and(d) identify the complainant; and(e) be lodged with the Registrar.(2) The Registrar must ensure that a person who wishes to make a complaint is given such reasonable assistance as is necessary to enable the person to make the complaint in accordance with this section.(3) The Registrar –(a) must keep a record of each complaint and note the date on which it is lodged; and(b) may, before taking any further action on the complaint, require the complainant to furnish any further particulars that the Registrar reasonably considers are necessary to facilitate investigation of the complaint.
Division 2 - Dealing with complaints
Subdivision 1 - Health Complaints Act
45. Division is subject to Health Complaints Act
This Division has effect subject to Part 7 of the Health Complaints Act 1995 .
Subdivision 2 - Preliminary investigations
46. Preliminary investigation of complaints
(1) A complaint is to be referred in the first instance to an investigating committee for investigation.(2) An investigating committee is to be constituted by at least 3 persons who are not members of the Board.(3) At least 2 members of an investigating committee are to be registered pharmacists.(4) On commencing an investigation into a complaint, or at any subsequent time during its investigation, an investigating committee may give notice of the complaint, and such other matters as the committee considers appropriate, to the registered pharmacist who is the subject of the complaint.(5) Schedule 3 has effect in relation to the powers and procedures of an investigating committee.
47. Board may initiate investigations
(1) The Board, on its own motion, may refer any matter that it considers could be grounds for a complaint against a registered pharmacist to an investigating committee for investigation.(2) Subsections (3) and (4) of section 42 have the same application to a matter referred to in subsection (1) as they do to a complaint.(3) For the purposes of this Division, a matter referred to an investigating committee under this section is taken to be, and is to be dealt with as, a complaint.
48. Action to be taken following preliminary investigation
After it has investigated a complaint, an investigating committee must –(a) recommend to the Board that the complaint be dismissed; or(b) institute informal disciplinary proceedings on the complaint; or(c) institute formal disciplinary proceedings on the complaint.
Subdivision 3 - Dismissals and informal disciplinary proceedings
49. Recommendations to dismiss complaints
(1) An investigating committee has cause to recommend the dismissal of a complaint under section 48(a) if the committee is satisfied that –(a) the complaint is frivolous or vexatious; or(b) the matter complained of is trivial; or(c) the complaint, though apparently genuine, is not capable of being substantiated; or(d) the complaint, on some other reasonable ground, should be dismissed.(2) In a recommendation, an investigating committee must –(a) set out its reasons for the recommendation; and(b) include or identify any evidence or information on which its recommendation is based; and(c) indicate whether it has given notice of the complaint to the pharmacist concerned; and(d) mention any other matters that it considers relevant.(3) For the purpose of considering a recommendation, the Board may require an investigating committee to provide it with further information or evidence.(4) After it has considered a recommendation, the Board must –(a) accept the recommendation; or(b) if satisfied that there are reasonable grounds to do so, reject the recommendation.(5) Acceptance of a recommendation dismisses the complaint to which it relates.(6) As soon as practicable after accepting a recommendation, the Board must –(a) give the complainant notice that the complaint has been dismissed, together with such explanation as the Board considers appropriate; and(b) if the pharmacist concerned had formal notice of the complaint, give the pharmacist notice that the complaint has been dismissed, together with such explanation as the Board considers appropriate.(7) The Board, in its discretion, may give a pharmacist notice that a complaint against the pharmacist has been made and dismissed even if the pharmacist had no formal notice of the complaint.(8) As soon as practicable after rejecting an investigating committee's recommendation, the Board must give the committee notice of its decision, and the reasons for its decision, and direct the committee to –(a) institute informal disciplinary proceedings on the complaint; or(b) institute formal disciplinary proceedings on the complaint.(9) In determining whether an investigating committee should be directed to institute informal or formal disciplinary proceedings in a case to which subsection (8) applies, the Board may have regard to the seriousness of the complaint, the degree of cooperativeness of the pharmacist concerned and such other factors as it considers appropriate.
50. Dealing with complaints by way of informal disciplinary proceedings
(1) An investigating committee has cause to institute informal disciplinary proceedings on a complaint under section 48(b) if –(a) the committee is satisfied, having regard to the objectives in section 10 , that the complaint, though made on reasonable grounds, is not of a serious kind; or(b) the committee is unable to form any conclusion, or is unsure what other action to take, regarding the complaint.(2) An investigating committee must institute informal disciplinary proceedings on a complaint if the Board directs it to do so under section 49(8) .(3) An investigating committee that institutes informal disciplinary proceedings on a complaint must, as soon as practicable, give notice of that fact to the complainant, together with such explanation as the committee considers appropriate.(4) An investigating committee institutes informal disciplinary proceedings on a complaint by giving the pharmacist concerned a notice requiring the pharmacist to –(a) appear before the Board to give an explanation; or(b) provide the Board with a written explanation.(5) In determining whether to require a personal appearance or a written explanation, an investigating committee may have regard to the complexity of the complaint, the cooperativeness of the pharmacist concerned, travelling hardship and such other factors as it considers appropriate.(6) A notice under subsection (4)(a) is to –(a) set out particulars of the complaint; and(b) specify the date, time and place at which the pharmacist is required to appear; and(c) inform the pharmacist that, before that date, he or she may request in writing that the complaint be dealt with by way of formal disciplinary proceedings; and(d) inform the pharmacist of the other circumstances in which the complaint may become the subject of formal disciplinary proceedings; and(e) state that the appearance before the Board is not open to the public; and(f) state that the pharmacist is entitled to make submissions when appearing before the Board but is not entitled to be represented.(7) A notice under subsection (4)(b) is to –(a) set out particulars of the complaint; and(b) specify a date by which the pharmacist is required to provide the written explanation; and(c) inform the pharmacist that, before that date, he or she may request in writing that the complaint be dealt with by way of formal disciplinary proceedings; and(d) inform the pharmacist of the other circumstances in which the complaint may become the subject of formal disciplinary proceedings.(8) A notice under subsection (4) may contain such other information as an investigating committee considers appropriate.(9) The date specified under subsection (6)(b) or subsection (7)(b) is to be not less than 14 days after the date of giving the notice.(10) If, after considering an explanation given to it under this section, the Board is not satisfied that a complaint has been substantiated, it must –(a) dismiss the complaint; and(b) give the complainant and the pharmacist concerned notice of the dismissal, together with such explanation as it considers appropriate.(11) If, after considering an explanation given to it under this section, the Board is satisfied that a complaint has been substantiated but that it is not sufficiently serious to warrant formal disciplinary proceedings, the Board may do either or both of the following:(a) caution or reprimand the pharmacist concerned;(b) accept an undertaking from the pharmacist concerned to take or refrain from taking specified action.(12) Except in a case to which section 51(2)(e) applies, the Board must, as soon as practicable, give the complainant notice of its finding and the action taken, together with such explanation as the Board considers appropriate.(13) A meeting of the Board convened for the purposes of this section is not open to the public.(14) The Board is not taken to constitute a disciplinary tribunal when acting under this section.
Subdivision 4 - Formal disciplinary proceedings
51. Dealing with complaints by way of formal disciplinary proceedings
(1) An investigating committee has cause to institute formal disciplinary proceedings on a complaint under section 48(c) if the committee is satisfied, having regard to the objectives in section 10 , that the complaint has been made on reasonable grounds and is of a serious kind.(2) An investigating committee must institute formal disciplinary proceedings on a complaint if –(a) the pharmacist concerned fails to appear before the Board as required by a notice under section 50(4)(a) or, before the date of appearance specified in the notice, requests in writing that the complaint be dealt with by way of formal disciplinary proceedings; or(b) the pharmacist concerned fails to provide the Board with a written explanation as required by a notice under section 50(4)(b) or, before the date on which the explanation is required to be provided, requests in writing that the complaint be dealt with by way of formal disciplinary proceedings; or(c) in the course of giving an explanation to the Board under section 50 the pharmacist concerned requests, orally or in writing, that the complaint be dealt with by way of formal disciplinary proceedings; or(d) after or in the course of considering an explanation under section 50 the Board determines that the complaint is sufficiently serious to warrant formal disciplinary proceedings; or(e) in a case to which section 50(11) applies, the pharmacist concerned does one or more of the following:(i) disputes that the complaint has been substantiated;(ii) refuses to accept the caution or reprimand;(iii) refuses to give, or purports to retract, the required undertaking.(3) An investigating committee institutes formal disciplinary proceedings on a complaint by –(a) referring the complaint to the Board in its capacity as a disciplinary tribunal; and(b) giving the pharmacist concerned, and the complainant, notice that the proceedings have been instituted.(4) For the purposes of subsection (3) , a summons to appear before the disciplinary tribunal to answer a complaint constitutes sufficient notice to the pharmacist concerned.
52. Conduct of formal disciplinary proceedings
(1) Formal disciplinary proceedings are conducted by the Board acting as a disciplinary tribunal.(2) Schedule 3 has effect in relation to the powers and procedures of the Board when it is acting as a disciplinary tribunal.
53. Actions that Board may take following formal disciplinary proceedings
(1) After it has conducted any formal disciplinary proceedings, the Board, in its discretion, may take such one or more of the following actions as it considers appropriate in light of its findings:(a) remove the defendant's name from the register;(b) suspend the defendant's registration, totally or partially, for a period not exceeding 12 months;(c) impose on the defendant a fine not exceeding 50 penalty units;(d) impose a condition on the defendant's registration;(e) require the defendant to take or refrain from taking specified action;(f) caution or reprimand the defendant;(g) dismiss the complaint.(2) In the case of formal disciplinary proceedings relating to a matter referred to in section 43(1)(b) , the Board must take at least the action specified in subsection (1)(a) unless it decides to dismiss the complaint.(3) If the Board decides to impose a fine under subsection (1)(c) , it must specify a period within which the fine is to be paid.(4) If the Board decides to impose a condition on the defendant's registration under subsection (1)(d) , it has the same powers in relation to the condition as it has under section 29(3) and (4) in relation to a condition imposed at the time of registration.(5) For the purposes of subsection (1)(e) but without limiting the generality of that subsection, the Board may require the defendant to do such one or more of the following things as may be appropriate in the circumstances:(a) carry out specified work for a specified person either free of charge or for a specified fee;(b) waive or repay the whole or any part of any fees charged to or paid by a specified person in relation to specified work;(c) be subject to periodic supervision or inspection by a specified person;(d) seek specified advice in relation to the management of his or her practice;(e) undergo specified training in conjunction with, or before resuming, his or her practice;(f) have no involvement, or only specified limited involvement, in the management of a pharmacy;(g) carry out specified work or actions in relation to his or her business premises;(h) if paragraph (g) applies, close the business premises until the defendant carries out the specified work or actions.(6) The Board, as an alternative to taking action under subsection (1)(a) , (b) , (c) , (d) , (e) or (f) , may accept an undertaking from the defendant to take or refrain from taking specified action, either generally or within a specified period of time.
54. Costs and expenses of formal disciplinary proceedings
(1) The Board may, in addition to exercising power under section 53 , order the defendant to pay such costs and expenses of or arising from the formal disciplinary proceedings, and any preceding investigation or informal disciplinary proceedings, as the Board thinks fit within such period of time as the Board by the order allows.(2) Subsection (1) does not apply if the Board decides to dismiss the complaint.(3) If the Board decides to dismiss the complaint it may, if it considers it fair to do so, pay the costs and expenses or any part of the costs and expenses incurred by the defendant in relation to the formal disciplinary proceedings and any preceding investigation or informal disciplinary proceedings.(4) For the purposes of this section, the costs of an investigation may be taken to include any costs incurred under section 59 .
(1) When the Board has decided what action to take under section 53 , it must give the defendant notice of –(a) the decision and the reasons for the decision; and(b) unless section 53(1)(g) applies, the defendant's right of appeal; and(c) any order made by the Board under section 54(1) .(2) A decision of the Board under section 53(1)(a) , (b) , (c) , (d) , (e) or (f) does not take effect until –(a) the expiration of the period within which the defendant may lodge an appeal against the decision; or(b) if the defendant lodges an appeal against the decision, the decision is affirmed or varied by the Supreme Court or the appeal is withdrawn.(3) The period referred to in subsection (2)(a) is taken to have commenced when notice of the Board's decision is given to the defendant.(4) If a decision of the Board under section 53(1)(b) takes effect, the defendant ceases –(a) in the case of a total suspension of registration, to be registered until the period of suspension expires; or(b) in the case of a partial suspension of registration, to be entitled to practise in the areas of practice to which the partial suspension applies until the period of suspension expires.(5) If the Board's decision takes effect, it may do any or all of the following:(a) give notice of its decision to such pharmacists registration authorities and other bodies as it considers appropriate to notify;(b) give notice of its decision to the Secretary;(c) cause notice of its decision to be published in the Gazette, in any newspaper or in any professional publication related to the practice of pharmacy;(d) cause notice of its decision to be published in any other way it considers appropriate.
Division 3 - Suspension
56. Suspension of registration
(1) The Board may suspend the registration of a pharmacist for such period not exceeding 12 months as the Board in the circumstances considers necessary or appropriate if –(a) the pharmacist contravenes a condition of the registration; or(b) the pharmacist's authority to practise as a pharmacist under a foreign pharmacists law has been suspended or revoked for a reason relating to the pharmacist's professional conduct or physical or mental capacity; or(c) the pharmacist fails to pay, within the time specified for payment, a fine imposed under section 53(1)(c) ; or(d) the pharmacist fails to comply with a requirement made of the pharmacist under section 53(1)(e) ; or(e) the pharmacist fails to honour an undertaking given to the Board; or(f) the Board reasonably considers the suspension necessary for the purposes of investigating a complaint made against the pharmacist or investigating on its own motion a matter that could be the subject of a complaint against that pharmacist; or(g) the pharmacist contravenes a provision of the Pharmacy Code; or(h) the Board reasonably considers that it is in the public interest to suspend the registration; or(i) the pharmacist's right to dispense or otherwise supply a scheduled substance, prohibited substance or raw narcotic under the Poisons Act 1971 has been suspended or revoked under section 92 of that Act; or(j) the Board reasonably considers that the pharmacist is providing pharmacy services in or from inadequate or inappropriate premises.(2) The suspension of registration may be –(a) a total suspension of registration; or(b) a partial suspension of registration, being suspension that applies only in relation to certain specified areas of the practice of pharmacy.(3) If the Board suspends the registration of a pharmacist for reasons related to the condition of the pharmacist's business premises, it may require the pharmacist to carry out such specified work or actions as the Board, in the circumstances, reasonably considers necessary in relation to those premises.(4) If subsection (3) applies, the Board may require the pharmacist to close the business premises until the pharmacist carries out the required work or actions.(5) The power of the Board to suspend a pharmacist's registration under this section is in addition to the power of the Board to suspend that pharmacist's registration under section 53(1)(b) .(6) If the Board decides to suspend a pharmacist's registration under this section it may afford that pharmacist an opportunity to be heard but it is not required to do so.(7) If the Board decides to suspend a pharmacist's registration under this section it must make an appropriate note of the suspension and the reasons for the suspension in the register and give the pharmacist notice of –(a) the suspension and the reasons for the suspension; and(b) in the case of a partial suspension, the areas of the practice of pharmacy to which the suspension applies; and(c) the pharmacist's right of appeal.(8) When the giving of the notice is effected in the case of a total suspension of registration, the pharmacist ceases to be registered until the period of suspension specified in the notice expires or the suspension is revoked by the Board.(9) When the giving of the notice is effected in the case of a partial suspension of registration, the pharmacist's entitlement to engage in the areas of the practice of pharmacy specified under subsection (2)(b) is suspended until the period of suspension specified in the notice expires or the suspension is revoked by the Board.(10) Subsections (8) and (9) have effect subject to any orders of the Supreme Court made on appeal.(11) A requirement imposed on a pharmacist under subsection (3) or (4) on the suspension of the pharmacist's registration is taken, for the purposes of any appeal, to constitute part of the Board's decision to suspend the registration.(12) A pharmacist whose registration has been totally or partially suspended must, if directed in writing to do so by the Board, return his or her certificate of registration to the Board within 7 days after receiving that direction or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units and, in the case of a continuing offence, a further fine not exceeding 1.5 penalty units for each day during which the offence continues.(13) If the Board suspends a pharmacist's registration under this section it has and may exercise, if it considers that it is in the public interest to do so, the same power to give notice of the suspension as it has under section 55(5) in relation to a decision to which that section applies.
If the Board suspends a pharmacist's registration under section 56 it may at any time, for any reason it considers sufficient, revoke the suspension.
Division 4 - Miscellaneous
58. Evidence of facts found in other proceedings
A finding of fact in relation to the conduct of a pharmacist made in any proceedings in a court or other tribunal to which the pharmacist is a party, whether in this State or elsewhere, is evidence of that fact in any investigation or disciplinary proceedings under this Part.
(1) If the Board reasonably suspects that –it may, in writing, authorise a person to act as an inspector.(a) an unregistered person may be engaging in the practice of pharmacy; or(b) there may be grounds for a complaint against a registered pharmacist; or(c) there may be grounds for removing a person's name from the register or suspending a person's registration; or(d) a registered pharmacist may lack the physical capacity, mental capacity or skill to practise as a pharmacist; or(e) a registered pharmacist may be providing pharmacy services in or from inadequate or inappropriate premises –(2) On production of the authorisation, the inspector may at any reasonable time enter the business premises of a registered pharmacist or premises at or from which a person is purporting to provide pharmacy services and do all or any of the following:(a) inspect the premises generally;(b) require the person apparently in charge of the premises to produce for inspection any document held at the premises;(c) inspect and take notes of or extracts from any such document;(d) make a copy of any such document;(e) ask questions of and require answers from persons on the premises;(f) take photographs;(g) open and inspect containers or packages that the inspector reasonably suspects are used for the purpose of, or in connection with, the practice of pharmacy;(h) examine or test any equipment held on the premises;(i) require a person registered or claiming to be registered to produce a certificate of registration;(j) if the inspector reasonably suspects that an offence has been committed against this Act or the Pharmacy Code has been contravened, seize and, on furnishing a receipt, remove anything that in the reasonable opinion of the inspector is evidence of the offence or contravention;(k) remove, on furnishing a receipt, any document found on the premises to the custody and control of the Board for as long as the Board considers necessary or expedient.(3) If the Board is satisfied that for legitimate reasons a registered pharmacist needs access to a document that has been removed from the pharmacist's business premises to the custody and control of the Board under subsection (2)(k) , the Board in its discretion may –(a) grant the pharmacist reasonable access to the document or to a copy of the document; or(b) provide the pharmacist with a copy or certified copy of the document; or(c) retain a copy of the document and return the original to the pharmacist.(4) A person must not give, agree to give or offer to an inspector a gift, reward or other inducement to do or abstain from doing anything in relation to an inspection.Penalty: Fine not exceeding 25 penalty units.(5) For the purposes of section 16 , an inspector is taken to be an employee of the Board even if not in receipt of remuneration or other benefits.
PART 5 - Appeals
(1) A person may appeal to the Supreme Court if the person is aggrieved by a decision of the Board to –(a) refuse to register the person; or(b) impose a condition on the person's registration under section 27(2) , whether or not the condition has been modified under section 29 ; or(c) remove the person's name from the register other than under section 38(1)(b)(ii) , (iii) or (iv) ; or(d) refuse to restore the person's name to the register under section 40 ; or(e) suspend the person's registration under section 56 ; or(f) refuse to issue the person with a new certificate of registration under section 37(6) or (7) ; or(g) take, as a disciplinary tribunal, an action against the person under section 53(1) .(2) The appeal is to be instituted within 30 days after notice of the Board's decision is given to the person.
(1) On hearing an appeal against a decision of the Board, the Supreme Court may –(a) affirm the decision; or(b) vary the decision; or(c) quash the decision.(2) If the Court quashes the decision it may, according to the circumstances of the case –(a) substitute for the decision it has quashed any decision that the Board would have had jurisdiction to make in those circumstances; or(b) remit the matter to the Board, with or without directions, for further hearing or consideration or for rehearing or reconsideration.(3) The Court may make any further order that it considers just in the circumstances of the case and, without limiting the generality of this, may order the Board to take or refrain from taking any action in relation to the appellant.
PART 6 - Offences
Division 1 - Public and professional safeguards
62. Offence to engage in pharmacy, &c., if unregistered
(1) An individual who is not a registered pharmacist must not –(a) engage in the practice of pharmacy; or(b) hold an interest in a pharmacy or in the business carried on in a pharmacy.Penalty: Fine not exceeding 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.(2) A body corporate must not –(a) engage in the practice of pharmacy; or(b) hold an interest in a pharmacy or in the business carried on in a pharmacy –unless –(c) each member of the body corporate is a registered pharmacist; and(d) control and supervision of the practice and the business is vested in a registered pharmacist.Penalty: Fine not exceeding 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.(3) Notwithstanding subsections (1) and (2) –(a) it is lawful for a body to provide pharmacy services or hold an interest in a pharmacy or in the business carried on in a pharmacy if –(i) that body is lawfully permitted to call itself a Friendly Society; and(ii) control and supervision of the pharmacy services is vested in a registered pharmacist; and(b) it is lawful for a pharmacist whose registration has been suspended to retain an interest in a pharmacy or in the business carried on in a pharmacy; and(c) it is lawful for a person undergoing an approved course of practical training in pharmacy to engage in the practice of pharmacy under the supervision of a registered pharmacist; and(d) it is lawful for the executor, administrator or trustee of a registered pharmacist who has died or become bankrupt whilst providing pharmacy services to continue providing those services for a period not exceeding 12 months, or such greater period as the Board may allow, if –(i) the executor, administrator or trustee so notifies the Board within 7 days after the first day on which those services continue to be so provided; and(ii) control and supervision of those services is vested in a registered pharmacist; and(e) it is lawful for a person who assumes the administration of the property of a registered pharmacist under a mortgage, bill of sale or security interest to continue providing that pharmacist's pharmacy services for a period not exceeding 12 months, or such greater period as the Board may allow, if –(i) the person so notifies the Board within 7 days after the first day on which those services continue to be so provided; and(ii) control and supervision of those services is vested in a registered pharmacist.
A person who is not a registered pharmacist must not hold himself or herself out, or allow himself or herself to be held out, as being a registered pharmacist or as being in any way registered for the purpose of providing pharmacy services.Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
64. Unauthorised use of certain titles
A person who is not a registered pharmacist must not practise a profession or trade, provide a service or carry on a business under a title specified in any of the following paragraphs:(a) pharmacist, registered pharmacist, certified pharmacist, licensed pharmacist or qualified pharmacist;(b) pharmaceutical chemist, dispensing chemist or homoeopathic chemist;(c) chemist and druggist or druggist;(d) pharmaceutist;(e) a prescribed title.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.
65. Limitation on number of pharmacies in which pharmacist may have interest
A registered pharmacist or a body to which section 62(3)(a)(i) applies must not, at any one time, either alone or in partnership with another person or as a member of a body corporate, hold a direct or indirect interest in more than 2 pharmacies or in the business carried on in more than 2 pharmacies.Penalty: Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
66. Improper directions and inducements, &c.
(1) In this section,induce means induce by making a threat or offering approval, encouragement or a reward.(2) A person must not direct, induce, assist or allow a registered pharmacist to engage in any conduct if the person knows, or reasonably ought to know, that the conduct constitutes, or is reasonably likely to constitute, professional misconduct for the purposes of Part 4 .Penalty: Fine not exceeding 50 penalty units.
Division 2 - General offences
67. Failure to notify Board of civil claims
(1) A registered pharmacist must give the Board notice within 14 days after any proceedings claiming damages or other compensation for alleged negligence in his or her practice as a pharmacist are commenced against the registered pharmacist.Penalty: Fine not exceeding 15 penalty units.(2) A registered pharmacist must give the Board notice within 14 days after –(a) any proceedings claiming damages or other compensation for alleged negligence by the pharmacist in the practice of pharmacy are withdrawn or settled; or(b) a court or other tribunal makes an order in relation to any such proceedings.Penalty: Fine not exceeding 15 penalty units.
(1) A person must not make or produce, or cause to be made or produced, a false or misleading statement, either orally or in writing, in connection with –(a) an application, inquiry or investigation; or(b) informal or formal disciplinary proceedings; or(c) an inspection.Penalty: Fine not exceeding 25 penalty units.(2) A person must not forge or fraudulently alter a certificate of registration or an interim certificate of registration.Penalty: Fine not exceeding 25 penalty units.(3) A person must not, with intent to obtain, retain or claim registration under this Act –(a) forge or fraudulently alter a University Degree or other evidence of a qualification; or(b) utter a University Degree, or other evidence of a qualification, knowing it to be forged or fraudulently altered.Penalty: Fine not exceeding 25 penalty units.
A person must not obstruct, hinder, threaten or intimidate another person –(a) in the exercise by the other person of a power conferred by this Act; or(b) in the performance of a duty imposed on the other person by this Act.Penalty: Fine not exceeding 25 penalty units.
70. Offences relating to inquiries and investigations, &c.
(1) A person must not, without reasonable excuse –(a) fail to attend an inquiry, investigation or formal disciplinary proceedings as required by summons; or(b) fail in any inquiry, investigation or formal disciplinary proceedings to comply with the requirement to affirm or be sworn; or(c) fail to produce a document when required to do so by a committee of inquiry, investigating committee or disciplinary tribunal; or(d) fail to answer a question when required to do so by a committee of inquiry, investigating committee or disciplinary tribunal.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.(2) A person may be required by a committee of inquiry, investigating committee or disciplinary tribunal to answer a question or produce a document notwithstanding that the answer to the question or the contents of the document may tend to incriminate the person.(3) If in an inquiry, investigation or formal disciplinary proceedings a person objects to answering a question or producing a document on the grounds that to do so may tend to incriminate the person, the answer to the question or the contents of the document are not admissible in evidence in any other proceedings in relation to the person, other than proceedings in relation to an offence under section 68 or in relation to an appeal under Part 5 .
71. Failure to comply with orders
(1) A person must not –(a) fail to leave a hearing being held in the course of an inquiry or investigation when ordered to do so by the committee conducting the inquiry or investigation; or(b) fail to leave a hearing being held in the course of formal disciplinary proceedings when ordered to do so by the disciplinary tribunal; or(c) fail to leave a meeting of the Board when ordered to do so by the Board.Penalty: Fine not exceeding 25 penalty units.(2) A person must not –(a) report or otherwise disclose any proceedings of a committee of inquiry, an investigating committee or the disciplinary tribunal contrary to an order of that committee or the tribunal; or(b) report or otherwise disclose any information in relation to the proceedings of a committee of inquiry, an investigating committee or disciplinary tribunal contrary to an order of that committee or the tribunal.(3) A person must not –(a) report or otherwise disclose any proceedings of a meeting of the Board contrary to an order of the Board; or(b) report or otherwise disclose any information in relation to a meeting of the Board contrary to an order of the Board.
PART 7 - Miscellaneous
Division 1 - Obligations to provide information
72. Medical practitioners' notices relating to fitness to practise
A registered medical practitioner who signs an order under the Mental Health Act 1996 or a medical recommendation under the Alcohol and Drug Dependency Act 1968 in relation to a person who the registered medical practitioner knows or believes is a registered pharmacist must, as soon as practicable after signing the order or recommendation, give the Board notice of that fact.Penalty: Fine not exceeding 5 penalty units.
73. Information about bodies corporate
(1) In this section –corporate provider means a body corporate that provides pharmacy services or causes or allows such services to be provided in its name or on its behalf;reasonable period means a period, of not less than 21 days, determined by the Board;relevant information means information that the Board reasonably considers it necessary or expedient to have for the purpose of exercising its power or performing its functions.(2) The Board, by notice, may require a corporate provider to give it any one or more of the following:(a) any relevant information about the corporate provider's membership, shareholdings, officers or employees;(b) any other relevant information about the corporate provider's structure, management or operations;(c) a copy of the corporate provider's memorandum or articles of association.(3) A corporate provider must comply with a notice under subsection (2) within such reasonable period as is specified in the notice.Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.(4) The Board, by notice, may require a registered pharmacist to give it any relevant information about his or her involvement with a corporate provider.(5) A registered pharmacist must comply with a notice under subsection (4) within such reasonable time as is specified in the notice.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.
Division 2 - Administrative and legal
(1) A document may be given to the Board (whether it is acting as a disciplinary tribunal or otherwise) or a committee by –(a) leaving it at, or sending it by post to, the Board's address; or(b) sending it by way of facsimile transmission to the Board's facsimile number; or(c) sending it by way of electronic mail to the Board's electronic mail address.(2) A document may be given to another person by –(a) in the case of an individual –(i) handing it to the person; or(ii) leaving it at, or sending it by post to, the person's postal or residential address or place of business or employment last known to the giver of the document; or(iii) sending it by way of facsimile transmission to the person's facsimile number; or(iv) sending it by way of electronic mail to the person's electronic mail address; and(b) in the case of another person –(i) leaving it at, or sending it by post to, the person's principal or registered office or principal place of business; or(ii) sending it by way of facsimile transmission to the person's facsimile number; or(iii) sending it by way of electronic mail to the person's electronic mail address.(3) A document that is posted to a person is taken not to have been given to the person until the time when it would have been delivered in the ordinary course of post.
(1) The Board may have a common seal and, if so, it is to be kept and used as authorised by the Board.(2) All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Board.
In any proceedings, unless evidence is given to the contrary, proof is not required of –(a) the constitution of the Board (whether acting as a disciplinary tribunal or otherwise) or a committee; or(b) any resolution of the Board (whether acting as a disciplinary tribunal or otherwise) or a committee; or(c) the presence of a quorum at any meeting of the Board (whether acting as a disciplinary tribunal or otherwise) or a committee; or(d) the appointment of any member of the Board or a committee.
77. Appropriation of fees, penalties and fines
(1) All fees payable and all penalties imposed and recovered under this Act are to be paid to the Board.(2) A fee payable under this Act may be recovered as a debt due to the Board.(3) A fine imposed on a person under section 53(1)(c) may be recovered as a debt due to the Board.(4) Any costs or expenses ordered to be paid under section 54(1) are recoverable as a debt due to the Board.
78. Punishment of conduct constituting an offence
If conduct that constitutes an offence against this Act is also grounds for action under section 50 , 53 or 56 –(a) the taking of the action is not a bar to conviction and punishment for the offence; and(b) conviction and punishment for the offence is not a bar to the taking of the action.
79. Offences by bodies corporate
(1) If a body corporate commits an offence against this Act, each person concerned in the management of the body corporate is taken to have also committed the offence and may be convicted of the offence unless the person proves that the act or omission constituting the offence took place without the person's knowledge or consent.(2) A person referred to in subsection (1) may be convicted of an offence against this Act whether or not the body corporate is charged with or convicted of the offence.
(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting the generality of subsection (1) , regulations may be made under that subsection for and in relation to any one or more of the following matters to the extent that any such matters are not provided for in the Pharmacy Code:(a) the control of infection;(b) continuing professional education requirements for registered pharmacists;(c) standards for pharmacies and other premises used for or in connection with the provision of pharmacy services.(3) Regulations made under this section, including any regulations prescribing fees, may –(a) apply generally or be limited in their application by reference to specified exemptions or specified factors; and(b) apply differently according to different factors, limitations or restrictions of a specified kind; and(c) authorise any matter to be from time to time determined, applied or regulated by the Board, whether acting as a disciplinary tribunal or otherwise.(4) Regulations made under this section may –(a) provide that a contravention of any of the regulations is an offence; and(b) in relation to any such offence, provide for the imposition of a fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.(5) The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act.(6) Regulations made under subsection (5) may, without limiting the scope of that subsection, prescribe interim standards for pharmacies and other premises used for or in connection with the provision of pharmacy services.(7) A provision of a regulation made pursuant to subsection (5) may, if the regulation so provides, take effect on the day proclaimed under section 2 or a later date.
Division 3 - Consequential and transitional
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Health and Human Services; and(b) the department responsible to the Minister for Health and Human Services in relation to the administration of this Act is the Department of Health and Human Services.
82. Savings and transitional provisions
The savings and transitional provisions set out in Schedule 4 have effect.
(1) Until fees are prescribed for the purposes of this Act, the fees specified in Schedule 5 are the fees that are payable in relation to the various matters to which they respectively relate.(2) Unless otherwise prescribed, the fees payable under this Act are GST inclusive and, for the purposes of this subsection,GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.(3) Unless otherwise prescribed, the Fee Units Act 1997 does not apply to this Act.
84. Pharmacy Act 1908 repealed
The Pharmacy Act 1908 is repealed.
The legislation specified in Schedule 6 is amended as specified in that Schedule.
SCHEDULE 1 - Provisions with respect to membership of Board
1. Term of office(1) A member is to be appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment.(2) A member is eligible to serve any number of terms of office but may not serve more than 3 of those terms in succession.
2. Holding other officeThe holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –(a) holding that office and also the office of a member; or(b) accepting any remuneration payable to a member.
3. Remuneration of membersA member is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Minister determines.
4. Vacation of office(1) A member vacates office if he or she –(a) dies; or(b) resigns; or(c) is removed from office under subclause (2) or (3) ; or(d) ceases to be qualified for office by virtue of subclause (4) .(2) The Governor may remove a member from office if the member –(a) is absent from 3 consecutive meetings of the Board (whether it is acting as a disciplinary tribunal or otherwise) without the permission of the other members of the Board; or(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a period exceeding 12 months; or(d) fails, without reasonable excuse, to comply with the obligation referred to in clause 5 of Schedule 2 ; or(e) is convicted of an offence against this Act.(3) The Governor may remove a member from office if satisfied that the member is unable to perform the duties of office competently.(4) A member appointed under section 7(1)(a) vacates office if he or she ceases to be a registered pharmacist.
5. Filling of vacanciesIf the office of a member becomes vacant, the Governor may appoint an appropriate person to the vacant office for the remainder of that member's term of office.
6. Validity of proceedings, &c.(1) An act or proceeding of the Board or of a person acting under the direction of the Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Board.(2) An act or proceeding of the Board or of a person acting under the direction of the Board is valid even if –(a) the appointment of a member of the Board was defective; or(b) a person appointed as a member of the Board was disqualified from acting as, or incapable of being, such a member.(3) This clause applies to the Board acting in any capacity.
SCHEDULE 2 - Provisions with respect to meetings of Board
1. Convening of meetingsA meeting of the Board may be convened by the chairperson or by any 2 members.
2. Procedure at meetings(1) Four members form a quorum at any duly convened meeting of the Board.(2) Any duly convened meeting of the Board at which a quorum is present is competent to transact any business of the Board.(3) Questions arising at a meeting of the Board are to be determined by a majority of votes of the members present and voting.(4) In the event of an equality of votes on a question arising at a meeting of the Board, the question stands adjourned until its next meeting.
3. Who presides at meetings(1) The chairperson is to preside at all meetings of the Board at which he or she is present.(2) If the chairperson is not present at a meeting of the Board, a member elected by the members present is to preside at that meeting.
4. MinutesThe Board must keep accurate minutes of its meetings.
5. Disclosure of interest(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board must, as soon as practicable after the relevant facts come to the knowledge of the member, disclose the nature of that interest at a meeting of the Board.(2) A disclosure under subclause (1) is to be recorded in the minutes and the member must not, unless the Board exclusive of that member determines otherwise –(a) be present during any deliberations of the Board in relation to that matter; or(b) take part in any decision of the Board in relation to that matter.
6. Meetings to be open to public(1) In this clause,meeting means a meeting of the Board other than a meeting convened for the purposes of section 50 or a meeting of the disciplinary tribunal.(2) Except as provided in subclause (3) , a meeting is to be open to the public.(3) The Board may do either or both of the following at a meeting if it considers that there are compelling grounds to do so:(a) make an order excluding any person who is not a member from the meeting;(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the meeting or prohibiting the reporting or other disclosure of particular information in relation to the meeting.(4) Without limiting the range of grounds that may be relevant for the purposes of subclause (3) , the Board may exercise its power under that subclause if –(a) it is dealing with privileged information or information that has been communicated to the Board in confidence; or(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered pharmacist; or(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered pharmacist or any other person.
7. General procedures(1) Subject to this Schedule, the procedure for calling meetings of the Board and for the conduct of business at meetings of the Board is as determined by the Board.(2) The Board, except when it is acting as a disciplinary tribunal or under section 50 , may permit members to participate in a particular meeting by a telephone or other means of communication.(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.(4) The Board may allow a person to attend a meeting for the purpose of advising or informing it on any matter.
8. Report to MinisterThe Board, if requested to do so by the Minister, must furnish the Minister with any information the Minister may require in relation to the proceedings of the Board.
SCHEDULE 3 - Powers and procedures of disciplinary tribunal and certain committees
Section 25(4) , section 46(5) and section 52(2)
1. InterpretationIn this Schedule –committee means a committee of inquiry or investigating committee;hearing means that part of any proceedings during which evidence is taken, oral submissions are made or findings are announced;investigative body means the disciplinary tribunal or a committee;proceedings includes informal disciplinary proceedings, formal disciplinary proceedings, inquiries and investigations.
2. Powers(1) An investigative body may –(a) summon any person to appear before it to give evidence; and(b) require any person appearing before it to produce any document; and(c) require any person appearing before it to give evidence on oath or affirmation; and(d) require any person appearing before it to answer questions; and(e) proceed with and determine any proceedings notwithstanding the absence of a person who has been summoned to appear; and(f) adjourn any proceedings from time to time and from place to place.(2) An investigating committee may summon any person to appear before a disciplinary tribunal to give evidence.
3. ProcedureAn investigative body –(a) must conduct its proceedings with as little formality and with as much expedition as a proper consideration of the matter before it permits; and(b) is not bound by the rules of evidence; and(c) may inform itself on any matter in any way it considers appropriate; and(d) must observe the rules of natural justice.
4. Medical examinations(1) In this clause,medical examination includes an examination of the physical, psychological and mental capacities of a person.(2) A committee of inquiry, by notice, may require an applicant to have a medical examination.(3) An investigating committee, by notice, may require a pharmacist who is the subject of an investigation to have a medical examination if the committee reasonably considers that the pharmacist's medical condition may be a relevant consideration for the purposes of the investigation.(4) The disciplinary tribunal, by notice, may require a pharmacist who is the subject of formal disciplinary proceedings to have a medical examination if the tribunal reasonably considers the pharmacist's medical condition to be a relevant consideration for the purposes of the proceedings.(5) A notice under this clause is to specify –(a) the name of the registered medical practitioner or other health care professional who is to carry out the medical examination; and(b) the date, time and place of the medical examination.(6) The time and place specified for a medical examination must be reasonable.(7) The medical practitioner or other health care professional who carries out the medical examination must give a written report of the results of the examination to –(a) the person examined; and(b) the body that required the examination.(8) The costs of a medical examination carried out under this clause are to be met by the Board.
5. Hearings to be open to public(1) Except as provided in subclause (2) , a hearing is to be open to the public.(2) An investigative body conducting a hearing may, on the application of a party to the proceedings or on its own motion, do either or both of the following if it considers that there are compelling grounds to do so:(a) make an order excluding any person from the hearing;(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings or prohibiting the reporting or other disclosure of particular information in relation to the proceedings.(3) Without limiting the range of grounds that may be relevant for the purposes of subclause (2) , an investigative body may exercise its power under that subclause if –(a) it is dealing with privileged information or information that has been communicated to the investigative body in confidence; or(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered pharmacist; or(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered pharmacist or any other person.(4) Nothing in this clause is to be taken as preventing an investigative body from –(a) meeting in camera before a hearing, for the purpose of preparing for that hearing; or(b) meeting in camera for the purpose of reaching a finding on any matter in the course of, or at the conclusion of, any hearing.
6. Representation, &c.(1) An applicant who is the subject of an inquiry is entitled to attend a hearing held in the course of that inquiry and to be represented at the hearing by a legal practitioner or any other person.(2) A pharmacist who is the subject of an investigation is entitled to attend a hearing held in the course of that investigation and to be represented at the hearing by a legal practitioner or any other person.(3) A defendant is entitled to attend a hearing held in the course of the formal disciplinary proceedings involving the defendant and to be represented at the hearing by a legal practitioner or any other person.(4) The Board, at its own expense, may appoint a legal practitioner or any other person to –(a) assist a committee with the conduct of any proceedings; or(b) assist the disciplinary tribunal with the conduct of any formal disciplinary proceedings; or(c) prosecute a matter before the disciplinary tribunal or assist another person to prosecute any such matter.(5) The Secretary may –(a) become a party to any proceedings; and(b) be represented in the proceedings by an employee of the Department.
7. Reports of formal disciplinary proceedings(1) The disciplinary tribunal must prepare a written report on each formal disciplinary proceeding that it conducts.(2) The report must set out the disciplinary tribunal's findings, and its reasons, and include any orders as to the payment of costs and expenses.
SCHEDULE 4 - Savings and transitional provisions
1. InterpretationIn this Schedule, unless the contrary intention appears –commencement day means the day proclaimed under section 2 ;former Board means the Pharmacy Board of Tasmania as constituted under the repealed Act;repealed Act means the Pharmacy Act 1908 .
2. Continuation of registerThe register kept under section 14 of the repealed Act is, on and after the commencement day, taken to be part of the register for the purposes of this Act.
3. Continuation of registration and entitlements, &c.(1) A person who, immediately before the commencement day, was registered as a pharmaceutical chemist under Part III of the repealed Act is, on and after the commencement day, taken to be a registered pharmacist under and subject to this Act on the same conditions, if any, as applied to the former registration.(2) Subclause (1) applies to a registration even if it is suspended, but that subclause is not to be taken as revoking or reducing any period of suspension to which the former registration was subject immediately before the commencement day.(3) A person who, immediately before the commencement of this Act, was, as executor, administrator or trustee, continuing the business of a deceased registered pharmaceutical chemist pursuant to section 27(2) of the repealed Act may, after that commencement, continue that business for a period not exceeding 12 months, or such greater period as the Board may allow under section 62(3)(d) , if control and supervision of the pharmacy services provided by the business remain vested in a registered pharmacist for the whole of that period.
4. Applications for registration(1) In this clause –changeover period means the period that commences on the commencement day and ends –(a) 9 months after the day on which a national pharmacists body or forum is prescribed under section 21 ; or(b) on such later day as the Board may, by notice published in the Gazette within that 9 months, specify as the end of the period;eligible applicant means a person who is eligible to apply to be registered as a pharmacist under this Act;previously qualified person means a person who would be eligible to apply for, and be granted, registration as a pharmaceutical chemist under the repealed Act if that Act were to remain in force throughout the changeover period.(2) Notwithstanding section 21 , a previously qualified person is taken to be an eligible applicant during the changeover period whether or not the person satisfies the requirements of that section.(3) Notwithstanding section 21 or 22 , an application for registration made under the repealed Act and not determined by the former Board immediately before the commencement day is to be determined by the Board as if –(a) it were a valid application made under this Act; and(b) the applicant were an eligible applicant.
5. Complaints arising before commencement day(1) A person may make a complaint under this Act in relation to a pharmacist even if the conduct which is the subject of the complaint occurred or allegedly occurred before the commencement day, and that complaint may be dealt with and have the same consequences under this Act in all respects as if that complaint were a complaint made on or after the commencement day in relation to conduct that occurred or allegedly occurred on or after the commencement day.(2) The power of the Board under section 47 of this Act is exercisable in relation to a matter that occurred or allegedly occurred before the commencement day and any such matter may be dealt with and have consequences under this Act in all respects the same as if it were a matter that occurred or allegedly occurred on or after the commencement day.
6. Continuation of inquiries and proceedings begun under repealed Act(1) Where an inquiry begun under Part III of the repealed Act had not been concluded before the commencement day, the Board may determine that the inquiry is to be –(a) terminated; or(b) terminated and reinstituted under this Act; or(c) continued and concluded as if the Board were the former Board and this Act had not been enacted.(2) In exercising its discretion under subclause (1) the Board may have regard to such matters as it considers appropriate but it must have particular regard to –(a) how far the inquiry had progressed by the commencement day; and(b) fairness to the person who is the subject of the inquiry; and(c) if applicable, fairness to the person who made the complaint to which the inquiry relates; and(d) cost and inconvenience to the Board, to the persons referred to in paragraphs (b) and (c) or to any other affected persons; and(e) any submissions made to the Board, or the former Board, in relation to the inquiry; and(f) the seriousness of the conduct or matter to which the inquiry relates.(3) In a case to which subclause (1)(c) applies, a determination to suspend or cancel a person's registration does not take effect –(a) until the expiration of the period of 14 days after notice of the determination of the Board has been served on the person; or(b) where the person lodges an appeal under section 17D of the repealed Act before the expiration of the period referred to in paragraph (a) , until the appeal is dealt with or withdrawn.
7. ValidationAll acts, matters and things done or omitted to be done by, or done or suffered in relation to, the former Board before the commencement day have, on and after that day, the same force and effect as if they had been done by, or suffered in relation to, the Board.
8. Board members(1) The terms of office of the persons who, immediately before the commencement day, were members of the former Board are terminated, but those persons are, if qualified, eligible to be appointed as members of the Board under this Act.(2) Service as a member of the former Board is not to be taken into account for the purposes of clause 1(2) of Schedule 1 .
SCHEDULE 5 - Interim Fees
$ | 1. Application for registration: section 22(1)(c) | 200 | 2. Annual registration fee: section 22(1)(c) , section 37(2)(a) and section 40(1) | (a) in the case of a person who holds a direct or indirect interest in a pharmacy or in the business carried on in a pharmacy | 315 | (b) in the case of any other person | 185 | 3. Late fee: section 37(3) | 50 | 4. Restoration fee: section 40(1) | 50 | 5. Fee for replacement certificate of registration: section 30(4) | 20 | 6. Fee to inspect register: section 34(1) | 10 | 7. Fee to obtain copy of or extract from register: section 34(2) | 5 per page | 8. Fee to obtain copy of notice: section 35(2) | 5 per page |
SCHEDULE 6 - Consequential AmendmentsAgricultural and Veterinary Chemicals (Control of Use) Act 1995
1. Section 3(1) is amended by omitting the definition of registered pharmaceutical chemist and substituting the following definition:registered pharmacist means a person who is registered as a pharmacist under the Pharmacists Registration Act 2001 ;
2. Section 15(1)(d) is amended by omitting "registered pharmaceutical chemist" and substituting "registered pharmacist".
3. Section 18(1)(d) is amended by omitting "registered pharmaceutical chemist" and substituting "registered pharmacist".Approvals (Deadlines) Act 1993
1. Schedule 1 is amended by omitting the item relating to the Pharmacy Act 1908 .Health Professionals (Special Events Exemption) Act 1998
1. Section 3 is amended by omitting paragraph (g) from the definition of Health Registration Act and substituting:(g) Pharmacists Registration Act 2001 ;
2. Section 9(2)(b) is amended by omitting "pharmaceutical chemist" and substituting "pharmacist".HIV/AIDS Preventive Measures Act 1993
1. Section 3 is amended by omitting the definition of pharmaceutical chemist and substituting the following definition:pharmacist means a person who is registered as a pharmacist under the Pharmacists Registration Act 2001 ;
2. Section 26(1) is amended by omitting "pharmaceutical chemist" and substituting "pharmacist".Jury Act 1899
1. Clause 4 of Schedule I is amended by omitting paragraph (d) and substituting the following paragraph:Poisons Act 1971(d) Pharmacists Registration Act 2001 ;
1. Section 3(1) is amended by omitting the definitions of pharmaceutical chemist and pharmacy trainee and substituting the following definitions:pharmaceutical chemist means a person who is registered as a pharmacist under the Pharmacists Registration Act 2001 ;pharmacy trainee means a person who is undergoing an approved preregistration program referred to in section 21(1)(b) of the Pharmacists Registration Act 2001 ;
2. Section 5 is amended by omitting paragraph (a) and substituting the following paragraph:(a) the Pharmacists Registration Act 2001 ;
3. Section 59(6) is amended by omitting paragraph (c) and substituting the following paragraph:(c) professional misconduct within the meaning and for the purposes of the Pharmacists Registration Act 2001 ;
4. Section 93(6) is amended by omitting " Pharmacy Act 1908 " and substituting " Pharmacists Registration Act 2001 ".Public Health Act 1997
1. Section 94(2) is amended by omitting paragraph (g) and substituting the following paragraph:Public Trustee Act 1930(g) Pharmacists Registration Act 2001 ;
1. Section 61(2) is amended by omitting "registered pharmaceutical chemist" from the definition of charges for medical treatment and substituting "registered pharmacist".Workers Rehabilitation and Compensation Act 1988
1. Section 74 is amended as follows:(a) by omitting the definition of pharmaceutical chemist ;(b) by inserting the following definition after the definition of podiatrist :registered pharmacist means a person who is registered as a pharmacist under the Pharmacists Registration Act 2001 ;
[Second reading presentation speech made in:
House of Assembly on 30 AUGUST 2001
Legislative Council on 7 NOVEMBER 2001]