Pharmacy Act 1908

Pharmacy Act 1908

An Act to establish a board of pharmacy in Tasmania, and to make provision for the registration of pharmaceutical chemists

[Enacting words Amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ]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 I - [Part I Heading inserted by No. 36 of 1958, s. 4 and Sched. 3 ]Preliminary

1.   Short title

This Act may be cited as the Pharmacy Act 1908 .

2.   Interpretation

(1)  [Section 2 Subsection (1) amended by 1 Geo.V No. 16, s. 2 ][Section 2 Subsection (1) amended by 25 Geo.V No. 78 ][Section 2 Subsection (1) amended by No. 43 of 1959, s. 2 ][Section 2 Subsection (1) amended by No. 96 of 1971, s. 2 ][Section 2 Subsection (1) amended by No. 77 of 1973, s. 2 ]In this Act –

after hours pharmacy means a pharmacy –

(a) in which a pharmaceutical business is carried on by a partnership consisting of at least 5 registered pharmaceutical chemists; and

(b) that, in the course of the carrying on of that business, is kept open to the public, on each day of the year, during the prescribed hours, whether or not it is also kept open to the public during any other hours;

ordinary pharmacy means a pharmacy other than an after hours pharmacy;

pharmaceutical business means such a business as is referred to in section 29 (1) (d) ;

pharmacy means a shop or other place, or part of a shop or other place, in which a pharmaceutical business is, or is intended to be, carried on;

prescribed hours means the hours between –

(a) half-past nine o'clock in the forenoon and twelve noon on a Saturday, bank holiday, or public holiday; and

(b) half-past six o'clock and half-past nine o'clock in the afternoon of every day (including a day referred to in paragraph (a) of this definition);

register means "The Pharmaceutical Register of Tasmania";

registered pharmaceutical chemist means a pharmaceutical chemist who is the holder of a certificate in force under section 23 ;

Registrar means the registrar appointed by the Board under this Act;

the Board means "The Pharmacy Board of Tasmania" established under this Act.

(2)  [Section 2 Subsection (2) inserted by No. 77 of 1973, s. 2 ]For the purposes of this Act, a person holds an interest in a pharmacy or in the business carried on in a pharmacy if he has or acquires, whether in his own name or in the name of a nominee or by means of a device or an arrangement, any direct or indirect estate or interest in the pharmacy or in that business, so as to affect the ownership, management, or control of, or the distribution of the profits derived from, that business.

(3)  [Section 2 Subsection (3) inserted by No. 77 of 1973, s. 2 ]Without affecting the generality of subsection (2) , a covenant, condition, or stipulation expressed or implied, in a contract or an agreement, whereby a registered pharmaceutical chemist who is carrying on a pharmaceutical business is restricted in the buying or obtaining of goods or services necessary for the carrying on of that business is a device or an arrangement affecting the management or control of the business.

(4)  [Section 2 Subsection (4) added by No. 77 of 1973, s. 2 ]For the purposes of this Act, a person does not hold an interest in a pharmacy or in the business carried on in a pharmacy –

(a) merely by making, in good faith and in the ordinary course of business to facilitate the carrying on of the business in the pharmacy, a loan of money, or by holding a security for repayment of such a loan; or

(b) where that business is carried on by or on behalf of the personal representative of the estate of a deceased pharmaceutical chemist, merely by holding an interest in that estate.

PART II - [Part II Heading inserted by No. 36 of 1958, s. 4 and Sched. 3 ]The Pharmacy Board of Tasmania

3.   Pharmacy Board

[Section 3 Amended by 25 Geo.V No. 78 ]There shall be a Board called the Pharmacy Board of Tasmania, consisting of 7 members, which shall be constituted as provided by section 6 , and shall have and exercise the powers and authorities hereinafter contained.

4.   Qualification of members of the Board

[Section 4 Amended by 25 Geo.V No. 78 ]No person shall be eligible for election as a member of the Board unless, at the time of such election, he shall be registered as a pharmaceutical chemist.

5.   

[Section 5 Repealed by 25 Geo.V No. 78 ].  .  .  .  .  .  .  .  

6.   Board to be elected

[Section 6 Amended by 1 Geo. V No. 19, s. 3 ][Section 6 Amended by 25 Geo.V No. 78 ]

(1)  The members of the Board shall be elected by the registered pharmaceutical chemists.

(2)  No person shall be a member of the Board unless he be a registered pharmaceutical chemist.

(3)  Every election shall be conducted in manner prescribed, and be held on some day in the month of January to be appointed by the Board.

(4)  Every registered pharmaceutical chemist shall be entitled to a vote.

7.   Retirement of members in rotation

[Section 7 Substituted by 25 Geo.V No. 78 ]

(1)  The members of the Board shall retire in rotation as hereinafter provided.

(2)  On 31st January in every year the two members longest in office shall retire, and in every third year the 3 members who have then been longest in office shall retire.

(3)  For the purposes of this section a member elected by the Board to fill a casual vacancy shall be deemed to have held office from the time at which his predecessor elected at a periodical election took office.

(4)  Annual elections shall be held in the month of January for the election of two or 3 members as the case may be, and such members shall take office on the retirement of the members whose seats they are elected to fill.

8.   Vacancies

[Section 8 Amended by 25 Geo.V No. 78 ]If any member of the Board shall fail to obtain a certificate under this Act, or shall die, resign, cease to reside in the State, become insolvent or insane, or be declared by resolution of an absolute majority in number of the Board to be unfit to remain a member of the Board, his seat shall become vacant, and the vacancy shall be filled by the election by the Board of another member, who shall hold office for the residue of the term for which the member whose place became vacant was appointed or elected.

9.   President to be elected by Board

[Section 9 Amended by 25 Geo. V No. 78 ]The members of the Board shall elect one of their number as President, who if he remains a member of the Board shall hold office until the first meeting of the Board after the next annual election of members.

10.   Quorum of Board

[Section 10 Amended by 25 Geo. V No. 78 ][Section 10 Amended by No. 66 of 1965, s. 2 ]

(1)  Subject to section 17C , a quorum of the Board shall consist of not less than 3 members thereof.

(2)  The Board may function notwithstanding any vacancy so long as a quorum remains.

(3)  The President, when present, shall preside at all meetings of the Board; and in the event of his absence from any meeting, one of the members present shall be elected chairman of that meeting.

11.   Appointment of officers

[Section 11 Amended by 25 Geo. V No. 78 ][Section 11 Amended by No. 66 of 1965, s. 3 ]The Board may appoint a registrar, deputy-registrar, examiners, inspectors, and other officers, and fix their annual salaries and remunerations.

11A.   Protection of Board, members of Board, &c.

[Section 11A Inserted by No. 23 of 1987, s. 5 ]Where the Board, any member of the Board, the Registrar, or any other officer appointed by the Board does, or omits to do, any act or thing in good faith in the administration or execution, or purported administration or execution of this Act or in the exercise or performance, or purported exercise or performance, of any of its or his powers, functions, or duties under this Act, the Board, member, Registrar, or officer, as the case may be, shall not be subjected to any action, liability, claim, or demand in respect of that act or omission.

12.   Questioning persons and witnesses

[Section 12 Amended by 25 Geo. V No. 78 ][Section 12 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  The Board may question any person who may attend before the Board, and any witness who may be produced before the Board, and may examine any persons upon oath or take a solemn declaration from such persons.

(2)  [Section 12 Subsection (2) amended by No. 55 of 1965, s. 5 ]No person shall wilfully, knowingly, or corruptly make any false statement upon such examination or in such declaration, or utter, or put off as true, before the Board any false, forged, or counterfeit diploma, degree, licence, certificate, or other document or writing.

Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.

13.   Inquiries by Board

[Section 13 Substituted by No. 66 of 1965, s. 22 ][Section 13 Subsection (1) amended by No. 71 of 1995, s. 3 and Sched. 1 ]

(1)  [Section 13 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt.II ]Without prejudice to the provisions of section 12 , where the Board has power to make an inquiry under this Act or in relation to a registered pharmaceutical chemist or considers it necessary to make an inquiry into any matters before determining an application made to it by any person section 8 and Part 3 of the Commissions of Inquiry Act 1995 apply to that inquiry as if –

(a) the Board were a Commission established under section 4 of that Act ; and

(b) the inquiry were the inquiry being conducted by that Commission under that Act.

(2)  [Section 13 Subsection (2) omitted by No. 71 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

PART III - [Part III Heading inserted by No. 36 of 1958, s. 4 and Sched. 3 ]The Pharmaceutical Register of Tasmania

14.   Register

[Section 14 Subsection (1) amended by No. 58 of 1987, s. 3 and Sched. 1 ]

(1)  [Section 14 Subsection (1) amended by 25 Geo. V No. 78 ]The Board shall cause the names of all persons certified by the Board as duly qualified for registration as pharmaceutical chemists to be registered, with their residences and qualifications, in a book to be kept by the Board for that purpose, in form I in Schedule I ; and such register shall be called "The Pharmaceutical Register of Tasmania".

(2)  [Section 14 Subsection (2) added by No. 58 of 1987, s. 3 and Sched. 1 ]The register shall be made available at all reasonable times to any person at the office of the Board.

(3)  [Section 14 Subsection (3) added by No. 58 of 1987, s. 3 and Sched. 1 ]A certificate, copy, or extract certified by the Registrar to be a true copy of the register or an entry in the register is, until the contrary is shown, conclusive evidence of the facts stated in that certificate, copy, or extract.

15.   Power of Board to alter register and erase names therefrom

[Section 15 Amended by 25 Geo. V No. 78 ]

(1)  The Board may direct the Registrar to make the necessary alterations in the registration of the qualifications and addresses of the persons registered under this Act.

(2)  The Board may cause to be written a letter to any registered pharmaceutical chemist, addressed to him at his registered address, to inquire whether he has changed his residence or place of business, and if no answer be returned to such letter within a period of 6 months from the sending thereof, the Board may erase the name of such person from the register.

(3)  The Board may restore the name to the register upon the personal application of such person and production of his certificate or satisfactory proof of his former registration.

16.   Notice to Registrar of change of residence or death of registered pharmaceutical chemist

[Section 16 Amended by 25 Geo. V No. 78 ]

(1)  Every registered pharmaceutical chemist, on changing his residence or place of business, shall intimate the same to the Registrar, who shall make an entry thereof in the register.

(1A)  [Section 16 Subsection (1A) inserted by No. 66 of 1965, s. 4 ][Section 16 Subsection (1A) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A registered pharmaceutical chemist who fails to comply with the provisions of subsection (1) is guilty of an offence and liable to a fine not exceeding 5 penalty units.

(2)  The Registrar-General, on receiving information of the death of any registered pharmaceutical chemist, shall forthwith transmit notice thereof by post to the Registrar.

(3)  On receipt of such notice, or upon receipt of a certificate or other sufficient proof of the death of any registered pharmaceutical chemist, the Registrar shall inform the Board thereof, and the Board shall erase the name of such pharmaceutical chemist from the register.

17.   Refusal of registration and removal from register

[Section 17 Substituted by No. 43 of 1959, s. 3 ]

(1)  [Section 17 Subsection (1) amended by No. 96 of 1971, s. 3 ]Where any person has, at any time, been convicted of a crime or of an offence under this Act or under Part V of the Poisons Act 1971 , and the Board is of opinion that, having regard to the nature of the crime or offence and all the circumstances of the case, that person is unfit to be a registered pharmaceutical chemist, the Board shall, subject to the approval of the Governor, refuse to register the name of that person in the register or, if his name is so registered, shall erase his name from the register.

(2)  Where, under subsection (1) , the Board has refused to register the name of any person, nothing in this section prevents that person from applying to the Board at any subsequent time for his name to be registered in the register, but the Board shall not, without the approval of the Governor, register the name of that person in the register.

(3)  [Section 17 Subsection (3) omitted by No. 66 of 1965, s. 5 ].  .  .  .  .  .  .  .  

17A.   Unprofessional conduct of pharmaceutical chemists

[Section 17A Inserted by No. 66 of 1965, s. 6 ]

(1)  Where, on an inquiry under this section, the Board is satisfied that a registered pharmaceutical chemist has been guilty of infamous conduct in a professional respect or of improper conduct in a professional respect it may exercise the powers conferred by subsection (2) .

(2)  [Section 17A Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 17A Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]In a case where the Board may exercise the powers conferred by this subsection in relation to a registered pharmaceutical chemist it may, as it considers the circumstances of the case require –

(a) reprimand him;

(b) order that he pay a fine of such amount, not exceeding 20 penalty units as it thinks proper; or

(c) suspend his registration for such period as it may determine –

or, where it is satisfied that he has been guilty of infamous conduct in a professional respect, may, instead of exercising the powers specified in the foregoing provisions of this subsection, erase his name from the register.

(3)  [Section 17A Subsection (3) amended by No. 46 of 1991, s. 4 and Sched. 2 ]Where the Board, on an inquiry under this section, is satisfied that a registered pharmaceutical chemist is unfit to practise as a pharmaceutical chemist by reason of –

(a) his habitual taking of intoxicating liquors or drugs to excess; or

(b) [Section 17A Subsection (3) amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] his suffering from mental disorder–

it may suspend his registration for such period as it may determine or may erase his name from the register.

(4)  Where it appears to the Board that grounds may exist for the exercise of the powers conferred on it by this section in relation to a registered pharmaceutical chemist, or it receives information from any person from which it appears that any such grounds may exist, it shall serve notice on the registered pharmaceutical chemist –

(a) specifying those grounds and the reasons for which they are believed to exist; and

(b) summoning him to appear before the Board to show cause why its powers under this section should not be exercised in relation to the matters specified therein.

(5)  Where notice has been served on a registered pharmaceutical chemist under this section the Board shall inquire into the matters specified therein and shall determine whether, in relation to those matters, he has been guilty of infamous conduct in a professional respect, or of improper conduct in a professional respect, or is unfit to practise as a pharmaceutical chemist for any of the reasons specified in subsection (3) , and, if it finds that he has been so guilty, or is so unfit, whether and in what manner it shall exercise the powers conferred by this section in relation to that finding.

(6)  In conducting an inquiry under this section the Board shall not sit to hear any evidence or any representations unless it has given the registered pharmaceutical chemist reasonable notice of the time and place at which it will so sit.

(7)  At an inquiry under this section in relation to a pharmaceutical chemist he is entitled, either by himself or some person acting in his behalf, to appear and to cross-examine witnesses appearing before the Board and to give or adduce evidence.

(8)  At an inquiry under this section the Board may take evidence in such manner as it may determine, but where the registered pharmaceutical chemist requests that any evidence to be given before the Board be given on oath, the Board shall not hear that evidence otherwise than on oath.

(8A)  [Section 17A Subsection (8A) inserted by No. 96 of 1986, s. 4 ]Where the Board exercises its powers under subsection (2) or (3) in relation to a registered pharmaceutical chemist, the Board may order that he pay the whole or a part of the costs incurred by the Board in conducting the inquiry.

(8B)  [Section 17A Subsection (8B) inserted by No. 96 of 1986, s. 4 ][Section 17A Subsection (8B) amended by No. 46 of 1991, s. 4 and Sched. 2 ]Where the Board makes an order requiring a person to pay costs as mentioned in subsection (8A) –

(a) the amount of costs shall, in default of agreement between the Board and the person against whom the order is made, be determined in accordance with the Commercial Arbitration Act 1986 ; and

(b) for the purposes of paragraph (a) , that Act applies and has effect as if the arbitration were pursuant to a submission under that Act.

(8C)  [Section 17A Subsection (8C) inserted by No. 96 of 1986, s. 4 ]Where, under subsection (2) or (3) , the Board suspends the registration of a pharmaceutical chemist who holds an interest in a pharmacy or in a business carried on in a pharmacy, the Board may, if it thinks it expedient to do so, order that he be permitted to retain that interest while his registration is so suspended.

(8D)  [Section 17A Subsection (8D) added by No. 96 of 1986, s. 4 ]An order under subsection (8C) –

(a) may be made on such terms and conditions relating to the conduct of the business carried on in a pharmacy as the Board thinks fit; and

(b) has effect notwithstanding section 30 .

(9)  [Section 17A Subsection (9) amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] [Section 17A Subsection (9) amended by No. 46 of 1991, s. 4 and Sched. 2 ][Section 17A Subsection (9) amended by No. 68 of 1994, s. 3 and Sched. 1 ]Before making a determination under this section in relation to a registered pharmaceutical chemist on the grounds referred to in paragraph (b) of subsection (3) the Board shall serve notice of its intention so to do on the Secretary of the Department and, subject to the Mental Health Act 1996 , the Secretary may take such steps as he considers necessary or desirable to protect the interests of that registered pharmaceutical chemist.

(10)  [Section 17A Subsection (10) amended by No. 68 of 1994, s. 3 and Sched. 1 ]For the purpose of the exercise of the powers conferred on him by subsection (9) the Secretary has a right to appear before the Board, either by himself or by some other person acting in his behalf.

(11)  The Governor may make regulations with respect to the institution and conduct of inquiries under this section, and those inquiries shall, subject to this section, be brought and heard in the manner so prescribed.

17AA.   Removal of name from register outside Tasmania

[Section 17AA Inserted by No. 34 of 1988, s. 4 ]

(1)  Where the Registrar is satisfied that, after the commencement of the Pharmacy Amendment Act 1988 and while a pharmaceutical chemist is registered under this Act –

(a) a finding has been made under the law of a place other than Tasmania relating to the registration of pharmaceutical chemists (in this section referred to as "the other law") that the pharmaceutical chemist has contravened the other law or any relevant code of conduct or is otherwise unfit to continue in the practice of pharmacy; and

(b) by reason of that finding, the registration of the pharmaceutical chemist under the other law has been cancelled or suspended –

the Registrar shall make an entry in the register to that effect, and the registration of the pharmaceutical chemist under this Act is, by force of this subsection, suspended with effect from the making of that entry.

(2)  Subject to subsections (3) , (4) , and (5) , a suspension imposed by subsection (1) continues in force until –

(a) the reinstatement of the registration of the pharmaceutical chemist under the other law; or

(b) the expiration of the period of suspension under the other law –

as the case requires.

(3)  Subject to subsection (5) , the Board –

(a) may, at any time during the currency of the suspension imposed by subsection (1) , review the suspension; and

(b) shall, as soon as practicable after the receipt by the Registrar of a request, in writing, from the pharmaceutical chemist in that regard, conduct such a review.

(4)  On a review under subsection (3) –

(a) where the Board is of the opinion that, if there had been an inquiry under section 17A in relation to the matters giving rise to the cessation or suspension of the registration of the pharmaceutical chemist under the other law, it would have been satisfied that he had been guilty of infamous conduct in a professional respect or of improper conduct in a professional respect, it may, without making such an inquiry, confirm the suspension; and

(b) where it is of the opinion that, at such an inquiry, it would not have been so satisfied, it shall direct that the suspension be lifted –

and the Registrar shall make an entry in the register to that effect.

(5)  This section has effect notwithstanding anything in section 17A , but nothing in this section prevents any matter that may be the subject of a review under subsection (3) from being dealt with under section 17A if the Board, in any particular case, so decides, whether on such a review or otherwise, and the determination of the Board on such an inquiry shall have effect to the exclusion of anything having effect or authorized by this section.

(6)  Where the registration of a pharmaceutical chemist who holds an interest in a pharmacy or in a business carried on in a pharmacy is suspended under subsection (1) , he shall be entitled to retain that interest while his registration is so suspended, unless and until the Board makes an order to the contrary.

17B.   Restoration of names to the register, &c.

[Section 17B Inserted by No. 66 of 1965, s. 6 ]

(1)  On an application made under this section the Board, after making such inquiry as it considers necessary –

(a) may restore to the register the name of any person which has been erased therefrom under section 17 or section 17A , either without limitation as to time or for a limited period not exceeding 6 months in length;

(b) may direct that the suspension of any person under section 17A is to cease to have effect or to cease to have effect for a limited period not exceeding 6 months in length; or

(c) may extend any limited period specified in a determination made under this subsection by a further limited period not exceeding 6 months in length.

(2)  Where, otherwise than on the grounds referred to in section 17A (3) (b) , the name of any person has been erased from the register, or the registration of any person has been suspended, no application shall be made by that person under this section within 12 months of the erasure or the imposition of the suspension, as the case may be, or within 12 months from the date on which a previous application was made under this section in respect of that erasure or suspension.

(3)  Subsection (2) does not apply during any limited period for which the name of the person referred to therein has been restored to the register under this section or during any limited period for which his suspension ceases to have effect under this section, and where that subsection does not so apply, not more than one application may be made by that person under this section during that limited period.

(4)  Where an application has been made to the Board under this section the Board shall notify the applicant in writing of its determination thereon within one month of the making of the application and, if the Board fails to comply with this subsection in relation to any application, it shall be deemed to have refused the application.

17C.   Quorum of Board in disciplinary cases

[Section 17C Inserted by No. 66 of 1965, s. 6 ][Section 17C Amended by No. 34 of 1988, s. 5 ]For the purposes of any proceedings under section 17 , section 17A , 17AA , or section 17B the quorum of the Board shall consist of not less than 5 members thereof.

17D.   Appeals to Supreme Court

[Section 17D Inserted by No. 66 of 1965, s. 6 ]

(1)  [Section 17D Subsection (1) amended by No. 34 of 1988, s. 6 ]Any person who is aggrieved by –

(a) a refusal of the Board to grant him such a certificate as is referred to in section 21 or section 23 ;

(b) a determination made by the Board in relation to him under section 17A , 17AA , or section 17B ;

(c) a suspension having effect under section 17AA (1) ; or

(d) an order under section 17AA (6) –

may appeal to the Supreme Court.

(2)  On an appeal under paragraph (a) of subsection (1) the Supreme Court may, if it considers the issue of the certificate to have been unreasonably refused, direct the Board to issue the certificate and the Board shall comply with that direction.

(3)  On an appeal under paragraph (b) of subsection (1) the court, unless it dismisses the appeal, may quash or vary the determination of the Board, or make such other determination as the Board could have made on the subject matter of the appeal.

(4)  A determination made by the Supreme Court under subsection (3) has the like effect as a determination made by the Board, and a determination of the Board in respect of which an appeal is brought under this section has effect subject to any determination made by the Supreme Court on that appeal.

(5)  [Section 17D Subsection (5) added by No. 34 of 1988, s. 6 ]On an appeal under paragraph (c) of subsection (1) , the court may confirm, vary, or lift the suspension.

17E.   Advertising by pharmaceutical chemists

[Section 17E Inserted by No. 66 of 1965, s. 6 ]

(1)  The Board may make rules regulating or restricting advertising in relation to the practices or businesses carried on by pharmaceutical chemists and where any such rules are confirmed by the Governor, any breach or contravention of those rules committed in relation to the practice or business of any registered pharmaceutical chemist shall, without prejudice to the generality of the provisions of section 17A , be deemed to constitute improper conduct in a professional respect on the part of that registered pharmaceutical chemist unless he shows that that breach or contravention was committed without his knowledge.

(2)  References in this section to advertising in relation to any practice or business shall be construed as including references to the making, issuing, or publication of any announcement, information, or other matter in respect of that practice or business in a manner that appears calculated to bring that announcement, information, or other matter to the attention of the public or of persons able to make use of the services or facilities provided by that practice or business.

18.   Annual list of pharmaceutical chemists to be gazetted

(1)  [Section 18 Subsection (1) amended by 25 Geo. V No. 78 ][Section 18 Subsection (1) amended by No. 43 of 1959, s. 4 ][Section 18 Subsection (1) amended by No. 58 of 1987, s. 3 and Sched. 1 ]The Board may cause to be published in the Gazette a list of all pharmaceutical chemists who have taken out certificates under section 23 for the current year, and in such list the names of such pharmaceutical chemists shall be in alphabetical order according to the surnames, with the respective residences or places of business and dates of registration of such chemists.

(2)  [Section 18 Subsection (2) amended by 1 Geo. V No. 19, s. 5 ]If after the publication of such annual list any pharmaceutical chemist shall take out a certificate for the current year, the Board shall publish in the Gazette an extract from the register containing the name, residence, place of business, and date of registration of such chemist, and such chemist shall, on demand, pay to the Board the cost of such publication.

(3)  [Section 18 Subsection (3) substituted by No. 66 of 1965, s. 7 ][Section 18 Subsection (3) amended by No. 58 of 1987, s. 3 and Sched. 1 ]The Board may cause to be published in the Gazette notice of –

(a) the erasure of the name of any person from the register;

(b) the suspension of the registration of any person; and

(c) the coming into effect again of the erasure of the name of any person from the register or the suspension of the registration of any person.

19.   Copy of Gazette, &c., to be evidence

[Section 19 Substituted by 1 Geo. V No. 19, s. 6 ]

(1)  [Section 19 Subsection (1) amended by 25 Geo. V No. 78 ][Section 19 Subsection (1) amended by No. 43 of 1959, s. 5 ]Subject to subsection (2) , a copy of the Gazette purporting to contain any such list or extract as is referred to in section 18 , or a document purporting to be signed by the Registrar, and to be a copy of any such list or extract, shall be prima facie evidence that the persons who by such list, extract, or document appear to be pharmaceutical chemists who have taken out certificates for the year therein referred to, are registered pharmaceutical chemists in respect of that year.

(2)  [Section 19 Subsection (2) added by No. 43 of 1959, s. 5 ][Section 19 Subsection (2) amended by No. 66 of 1965, s. 8 ]A copy of the Gazette purporting to contain such a notice as is referred to in section 18 (3) , or a document purporting to be signed by the Registrar and to be a copy of such notice, is prima facie evidence of the facts stated in the notice.

20.   

[Section 20 Repealed by No. 66 of 1965, s. 9 ].  .  .  .  .  .  .  .  

PART IV - [Part IV Heading inserted by No. 36 of 1958, s. 4 and Sched. 3 ]Miscellaneous

21.   Qualifications of registered pharmaceutical chemists

(1)  [Section 21 Subsection (1) amended by 1 Geo. V No. 19, s. 7 ][Section 21 Subsection (1) amended by 21 Geo. V No. 39, s. 2 ][Section 21 Subsection (1) amended by 25 Geo. V No. 78 ][Section 21 Subsection (1) amended by 3 & 4 Geo. VI No. 60, s. 2 ][Section 21 Subsection (1) amended by No. 86 of 1959, s. 2 ][Section 21 Subsection (1) amended by No. 21 of 1973, s. 5 and Sched. 1 ]No person shall receive from the Board a certificate that he is duly qualified for registration as a pharmaceutical chemist unless –

(a) prior to the commencement of this Act he had obtained from a competent authority a licence authorizing him to vend medicines or drugs;

(b) he holds a certificate or diploma of competency as a pharmaceutical chemist, or as a chemist and druggist, from the Pharmaceutical Societies of Great Britain or Ireland, or any college or board of pharmacy recognized by the Board under this Act; or

(c) he holds an approved qualification and has completed such period of prescribed service as the Board may require in respect of persons holding that qualification.

(2)  [Section 21 Subsection (2) substituted by No. 86 of 1959, s. 2 ]For the purposes of this section a person shall be deemed to hold an approved qualification if he has pursued a course of study approved by the Board, and –

(a) has passed such examinations as may be prescribed; or

(b) holds such degree or diploma in pharmacy as the Board may approve and has passed such other examination as the Board may require in respect of persons holding that degree or diploma.

(3)  [Section 21 Subsection (3) added by No. 86 of 1959, s. 2 ][Section 21 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]In this section –

prescribed service means –

(a) service in the business of a registered pharmaceutical chemist keeping an open shop for the compounding and dispensing of prescriptions of legally-qualified medical practitioners or for vending medicines or drugs;

(b) service in a friendly society's dispensary that is in the charge of a registered pharmaceutical chemist;

(c) service in a public hospital as assistant to a registered pharmaceutical chemist employed as a dispenser at that hospital; or

(d) such service, as may be approved by the Board, with a pharmaceutical chemist registered in a State or country in which reciprocal provision in that regard is made;

[Section 21 Subsection (3) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997]

[Section 21 Subsection (3) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] public hospital means a hospital maintained and operated by or on behalf of the State.

(4)  [Section 21 Subsection (4) inserted by No. 66 of 1965, s. 10 ]No service rendered after the appointed day in the business of a registered pharmaceutical chemist shall be treated as prescribed service for the purposes of this section unless that service is rendered under a contract of service that has been approved by the Board.

(5)  [Section 21 Subsection (5) added by No. 66 of 1965, s. 10 ]In subsection (4) of this section

the appointed day means such day as the Governor may, by order, appoint for the purposes of that subsection.

22.   

[Section 22 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

23.   Annual certificates

(1)  [Section 23 Subsection (1) amended by 1 Geo. V No. 19, s. 8 ][Section 23 Subsection (1) amended by 25 Geo. V No. 78 ][Section 23 Subsection (1) amended by No. 43 of 1959, s. 6 ]The Board shall, on payment of the prescribed annual fee, issue to every person whose name is registered in the register a certificate in form II in Schedule I ; and such certificate, while in force, shall entitle the holder thereof to carry on the business of a pharmaceutical chemist.

(2)  [Section 23 Subsection (2) added by 25 Geo. V No. 78 ]The Board may refuse to issue an annual certificate to any applicant who, for a period exceeding 3 years, has not held any such certificate if the Board considers that the circumstances under which the applicant failed to obtain a certificate during such period are such as to disentitle him to receive a certificate.

(2A)  [Section 23 Subsection (2A) inserted by No. 66 of 1965, s. 11 ] Subsection (2) does not apply in any case where the applicant has not held any such certificate as is referred to therein by reason of his name having been erased from the register or of his registration having been suspended, but the Board shall not issue such a certificate to any person while his registration is suspended.

(3)  [Section 23 Subsection (3) inserted by No. 43 of 1959, s. 6 ][Section 23 Subsection (3) amended by No. 66 of 1965, s. 11 ]Where the name of any person is erased from the register or his registration is suspended, any certificate granted to him under this section ceases to have effect.

(4)  [Section 23 Subsection (4) added by No. 43 of 1959, s. 6 ][Section 23 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 23 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where by virtue of subsection (3) a certificate granted under this section to any person ceases to have effect, that person shall, on demand being made to him by the Registrar or by any other officer of the Board authorized by the Board in that behalf, return that certificate to the Board.

Penalty:  Fine not exceeding 5 penalty units.

24.   Board to control examinations in practical pharmacy

[Section 24 Amended by 25 Geo. V No. 78 ][Section 24 Amended by No. 86 of 1959, s. 3 ]

(1)  The Board shall have power to control and direct examinations under this Act, including practical pharmacy and such other subjects as may be prescribed; but such examination shall not include the theory and practice of medicine, surgery, or midwifery.

(1A)  [Section 24 Subsection (1A) inserted by No. 82 of 1981, s. 4 ][Section 24 Subsection (1A) omitted by No. 34 of 1988, s. 7 ].  .  .  .  .  .  .  .  

(2)  The Board may grant or refuse to any persons certificates of competency, skill, knowledge, and qualification to exercise the business or calling of a pharmaceutical chemist.

(3)  [Section 24 Subsection (3) omitted by No. 66 of 1965, s. 12 ].  .  .  .  .  .  .  .  

25.   Evidence of qualifications

[Section 25 Substituted by No. 86 of 1959, s. 4 ]The Board shall not issue to any person a certificate that he is qualified for registration as a pharmaceutical chemist unless that person has furnished to the Board a statutory declaration by himself in the prescribed form and, in a case where he is required to have completed a period of service before that certificate may be issued to him, has furnished to the Board such evidence (whether by way of statutory declaration or otherwise) as may be prescribed that that period of service has been completed.

26.   Educational functions of Board

[Section 26 Inserted by No. 34 of 1988, s. 8 ]

(1)  The Board may –

(a) provide, or arrange for the provision of, information and programmes of education with respect to the theory and practice of pharmacy and related matters to –

(i) registered pharmaceutical chemists;

(ii) pharmacy graduates rendering prescribed service within the meaning of section 21 ; and

(iii) persons otherwise engaged in preparation for registration as pharmaceutical chemists under this Act; and

(b) encourage the participation of registered pharmaceutical chemists in programmes of education of the kind referred to in paragraph (a) , whether provided or arranged by the Board or otherwise.

(2)  The exercise by the Board of its powers under subsection (1) is one of the purposes of this Act referred to in section 37 .

27.   Act not to extend to medical practitioners, &c.

[Section 27 Amended by 25 Geo. V No. 78 ]

(1)  [Section 27 Subsection (1) substituted by No. 43 of 1959, s. 7 ][Section 27 Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ]Nothing in this Act extends to or affects –

(a) the practice, rights, and privileges of a legally qualified medical practitioner;

(b) the business of manufacturing chemists; or

(c) the business of wholesale chemists.

(2)  Upon the decease of any registered pharmaceutical chemist actually in business at the time of his death, it shall be lawful for his executors, administrator, or trustee to continue such business if and so long as such business shall be conducted in good faith under the management of a registered pharmaceutical chemist.

28.   Penalties for fraudulent registration

[Section 28 Amended by 25 Geo. V No. 78 ][Section 28 Amended by No. 55 of 1965, s. 5 ][Section 28 Amended by No. 66 of 1965, s. 13 ][Section 28 Amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ][Section 28 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall –

(a) wilfully, knowingly, or corruptly make any false entry in the register, or in the list of registered pharmaceutical chemists for any year; or

(b) procure himself to be registered under this Act by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either verbally or in writing.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding for 12 months.

29.   Certain titles to be used only by pharmaceutical chemists

(1)  [Section 29 Subsection (1) amended by 25 Geo. V No. 78 ][Section 29 Subsection (1) amended by 3 & 4 Geo. VI No. 60, s. 2 ][Section 29 Subsection (1) amended by No. 43 of 1959, s. 8 ][Section 29 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 29 Subsection (1) amended by No. 66 of 1965, s. 14 ][Section 29 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall in any way directly or indirectly –

(a) use the name or title of "Chemist and Druggist", "Pharmaceutical Chemist", "Registered Chemist", "Pharmaceutist", "Pharmacist", "Dispensing Chemist", "Dispensing Druggist", "Homoeopathic Chemist", "Chemist", or "Druggist", whether with or without any other words;

(b) hold himself out to the public as being the successor of, or as having been connected with or in the employment of, any pharmaceutical chemist;

(c) use or exhibit any name, title, term, sign, or symbol which may be construed to mean that he is qualified to perform the duties of a pharmaceutical chemist;

(d) carry on the business of a chemist and druggist, homoeopathic chemist, or pharmaceutical chemist, by keeping an open shop or place of business for the compounding or dispensing of prescriptions or for vending any medicines or drugs; or

(e) vend any medicine or drug, except as expressly authorized by this Act –

unless being an individual he is a registered pharmaceutical chemist.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months or, in the case of a corporation, fine not exceeding 50 penalty units.

(2)  [Section 29 Subsection (2) omitted by No. 77 of 1973, s. 3 ].  .  .  .  .  .  .  .  

(3)  [Section 29 Subsection (3) inserted by 3 & 4 Geo. VI No. 60, s. 2 ][Section 29 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 29 Subsection (3) amended by No. 66 of 1965, s. 14 ][Section 29 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall –

(a) vend any medicine or drug by means of any automatic machine or mechanical device for the delivery of goods to a customer without personal attendance on the part of the seller or any person on his behalf; or

(b) hawk any medicine or drug.

Penalty:  Fine not exceeding 5 penalty units.

(4)  [Section 29 Subsection (4) added by 3 & 4 Geo. VI No. 60, s. 2 ]Upon the conviction of a corporation for any offence against this section, every person who, at the time of the commission of the offence, was a director or officer of the corporation shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge, or that he used all due diligence to prevent the commission of the offence.

30.   Persons other than registered pharmaceutical chemists not to hold an interest in pharmacies, &c.

[Section 30 Inserted by No. 77 of 1973, s. 4 ]

(1)  [Section 30 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Subject to this section and to subsection (2) of section 27 , no –

(a) body or association of persons, whether incorporated or unincorporated; or

(b) natural person other than a registered pharmaceutical chemist –

shall carry on a pharmaceutical business (whether as owner or otherwise) or hold an interest in a pharmacy or in the business carried on in a pharmacy.

Penalty:  Fine not exceeding 20 penalty units, together with a daily fine not exceeding 1 penalty unit in the case of a continuing offence.

(2)  Subsection (1) does not apply to or in relation to –

(a) a partnership each of the partners in which is a natural person who is a registered pharmaceutical chemist;

(b) [Section 30 Subsection (2) amended by No. 66 of 1997, Sched. 1, Applied:01 Feb 1998] a society within the meaning of the Friendly Societies (Tasmania) Code; or

(c) a person who carries on a pharmaceutical business, or has an interest in a pharmacy or in the business carried on in a pharmacy in such circumstances, or during such a period, as may be prescribed for the purposes of this paragraph.

(3)  [Section 30 Subsection (3) added by No. 96 of 1986, s. 5 ]Notwithstanding subsection (1) , it is lawful for a pharmaceutical chemist whose registration has been suspended under section 17A (2) or (3) to retain an interest in a pharmacy or in the business carried on in a pharmacy according to the tenor of any order in force under section 17A (8C) applicable to him.

30A.   Limitation of number of pharmacies in which a chemist may have an interest

[Section 30A Inserted by No. 77 of 1973, s. 4 ][Section 30A Amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  No registered pharmaceutical chemist shall, at any one time –

(a) either alone or in partnership with another registered pharmaceutical chemist –

(i) carry on (whether as owner or otherwise) a pharmaceutical business in more than two ordinary pharmacies; or

(ii) otherwise hold an interest, direct or indirect, in more than two ordinary pharmacies or in the business carried on in more than two ordinary pharmacies; or

(b) carry on a pharmaceutical business in more after hours pharmacies than one, or otherwise hold an interest in, or in the business carried on in, more after hours pharmacies than one.

Penalty:  Fine not exceeding 5 penalty units, together with a daily fine not exceeding 1 penalty unit in the case of a continuing offence.

(2)  Notwithstanding the provisions of paragraph (b) of subsection (1) , where a registered pharmaceutical chemist carries on business, or holds an interest in the business carried on in two ordinary pharmacies, he may carry on business or hold an interest in the business carried on in two after hours pharmacies.

(3)  This section does not apply to or in relation to a person who, on the day on which this section commences, is carrying on business, or holds an interest in the business carried on, in more than two ordinary pharmacies or in more after hours pharmacies than one, until –

(a) that person ceases to carry on business, or to hold an interest in the business carried on, in any one of those pharmacies; or

(b) the business carried on in any one of those pharmacies ceases to be carried on in the same premises as those in which it was being carried on on that day –

whichever first happens.

30B.   Registration of pharmacies

[Section 30B Inserted by No. 77 of 1973, s. 4 ]

(1)  [Section 30B Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall carry on a pharmaceutical business otherwise than in a pharmacy that has been registered under this section and in respect of which the registration is in force.

Penalty:  Fine not exceeding 20 penalty units, together with a daily fine not exceeding 1 penalty unit in the case of a continuing offence.

(2)  An application for registration under this section –

(a) shall, in the case of a pharmacy in which a pharmaceutical business is being carried on at the commencement of this section, be made within two months after that commencement;

(b) shall, in any other case, be made before the applicant begins to carry on such a business;

(c) shall be in the prescribed form and contain the prescribed particulars;

(d) shall be verified by a statutory declaration made by the applicant; and

(e) shall be accompanied by the prescribed fee.

(3)  On receipt of an application under this section, the Board –

(a) may register the pharmacy; or

(b) may refuse the application or withhold registration of the pharmacy until the applicant complies with such conditions as may be prescribed.

(4)  [Section 30B Subsection (4) amended by No. 68 of 1994, s. 3 and Sched. 1 ]A person who is aggrieved by a decision of the Board on an application under this section may appeal from that decision to a magistrate.

(5)  An appeal under subsection (4) shall be made, heard, and determined as prescribed.

(6)  [Section 30B Subsection (6) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] [Section 30B Subsection (6) amended by No. 4 of 1991, s. 39 and Sched. 4 ]Nothing in this section applies to or in relation to the carrying on of a pharmaceutical business in any part of a public hospital maintained and operated by or on behalf of the State or by a private medical establishment within the meaning of the Hospitals Act 1918 .

30C.   Requirements with which pharmacies shall comply

[Section 30C Inserted by No. 77 of 1973, s. 4 ]

(1)  [Section 30C Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall, on or after the expiration of the prescribed period, carry on a pharmaceutical business elsewhere than in a pharmacy that complies with the prescribed requirements (including, but without affecting the generality of this subsection, such requirements as are prescribed in relation to its construction, ventilation, lighting, cleanliness, sanitation, and fittings).

Penalty:  Fine not exceeding 10 penalty units.

(2)  [Section 30C Subsection (2) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] [Section 30C Subsection (2) amended by No. 4 of 1991, s. 39 and Sched. 4 ]Nothing in this section applies to or in relation to the carrying on of a pharmaceutical business in any part of a public hospital maintained and operated by or on behalf of the State or by a private medical establishment within the meaning of the Hospitals Act 1918 .

(3)  In this section –

prescribed period means the period of one year beginning on the day on which this section commences or such longer period ending not later than two years after that day as the Board may, in a particular case, determine.

30D.   Avoidance of certain provisions in instruments relating to pharmaceutical businesses

[Section 30D Inserted by No. 77 of 1973, s. 4 ]

(1)  This section applies to an instrument –

(a) that is executed for the purpose of securing the repayment of moneys lent to a registered pharmaceutical chemist in respect of a pharmaceutical business carried on by him; or

(b) by virtue of which premises used or proposed to be used by such a chemist for the purpose of carrying on such a business are leased or let to him.

(2)  A covenant, condition, or stipulation in an instrument to which this section applies that –

(a) requires a registered pharmaceutical chemist who is a party to the instrument to buy or otherwise obtain goods or services necessary for the carrying on of that business from a specified person;

(b) gives to any party to the instrument (other than the registered pharmaceutical chemist) –

(i) power to control the manner in which that business is carried on; or

(ii) access to the books of account kept in respect of that business; or

(c) provides that any party to the instrument is to receive any consideration that is subject to variation according to the profits or takings of that business –

is void.

(3)  This section does not apply to or in relation to an instrument that was executed before the day on which this section commences until the expiration of the period of 3 years beginning on that day.

31.   Registered pharmaceutical chemist to control shop or business conducted by or for him

[Section 31 Substituted by 1 Geo. V No. 19, s. 11 ]

(1)  [Section 31 Subsection (1) amended by 25 Geo. V No. 78 ][Section 31 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 31 Subsection (1) amended by No. 66 of 1965, s. 15 ][Section 31 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ][Section 31 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No pharmaceutical chemist shall –

(a) keep or maintain any place of business for the vending of medicines or drugs, or the compounding or dispensing of prescriptions, unless he or another registered pharmaceutical chemist is and continues in charge of and constantly and personally superintends the business; or

(b) permit any person other than another registered pharmaceutical chemist, or other than an assistant, whom he or such other registered pharmaceutical chemist employs and controls, to vend medicines or drugs or compound or dispense prescriptions.

Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.

(2)  [Section 31 Subsection (2) inserted by No. 66 of 1965, s. 15 ]For the purposes of paragraph (b) of subsection (1) it shall conclusively be presumed that a pharmaceutical chemist is incapable of being in control of a person who is vending medicines or drugs or compounding or dispensing prescriptions unless that pharmaceutical chemist is in the same shop or room as that in which that person is vending those medicines or drugs or compounding or dispensing those prescriptions.

(3)  [Section 31 Subsection (3) inserted by No. 66 of 1965, s. 15 ][Section 31 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 31 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where any shop is used by a pharmaceutical chemist for the vending of medicines or drugs or compounding or dispensing of prescriptions he shall not keep that shop or any part thereof open to the public or allow that shop or any part thereof to be so kept open, unless he or some other registered pharmaceutical chemist is present in that shop.

Penalty:  Fine not exceeding 10 penalty units.

(4)  [Section 31 Subsection (4) added by No. 66 of 1965, s. 15 ]For the purposes of this section –

(a) a shop includes any room directly connected therewith that is ordinarily used, in connection with the practice or business carried on at the shop, for the compounding or dispensing of prescriptions or the keeping or storage of medicines or drugs, but does not include any part of a shop, room, or building in which, when that part is open to the public, goods are exposed for sale to the public and in which medicines or drugs are not ordinarily vended; and

(b) a shop shall be deemed to be kept open to the public at any time at which it is not shut up in such a way as to exclude all persons from entering therein for the purchase, inspection, or removal of any goods kept for sale therein.

32.   

[Section 32 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

33.   Chemists not to carry on business without a licence

[Section 33 Amended by 25 Geo. V No. 78 ][Section 33 Amended by No. 55 of 1965, s. 5 ][Section 33 Amended by No. 66 of 1965, s. 16 ][Section 33 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No pharmaceutical chemist shall carry on business as, or assume or use the title of, pharmaceutical or dispensing chemist or druggist, or use or exhibit any title, term, or sign which may be construed to mean that he is a registered pharmaceutical chemist or dispensing chemist or druggist, unless he is the holder of a subsisting certificate under this Act.

Penalty:  Fine not exceeding 20 penalty units.

34.   Reciprocity

[Section 34 Amended by 25 Geo. V No. 78 ]The Board may, with the consent of the Governor, make arrangements with the Pharmacy Board in any of the Australian States or the Dominion of New Zealand or other British colony for the reciprocal recognition and exchange of certificates and registration.

35.   Exemption from juries

[Section 35 Amended by 25 Geo. V No. 78 ]All registered pharmaceutical chemists engaged in carrying on business as chemists and druggists shall, whilst so engaged, be exempt from serving on juries.

36.   Fees

(1)  [Section 36 Subsection (1) amended by 25 Geo. V No. 78 ][Section 36 Subsection (1) amended by No. 82 of 1981, s. 5 ]The fees set out in Schedule II shall be paid to the Registrar in respect of the matters therein mentioned.

(2)  The Board, with the consent of the Governor, may, by notice in the Gazette, increase, diminish, alter, add to, or abolish such fees or any of them.

(3)  [Section 36 Subsection (3) added by No. 86 of 1959, s. 5 ]Such fees as the Board may, with the approval of the Governor, determine shall be paid to the Registrar by persons taking examinations controlled and directed by the Board under this Act.

37.   Penalties and fees to be paid to the Registrar

(1)  [Section 37 Subsection (1) amended by No. 66 of 1965, s. 17 ][Section 37 Subsection (1) amended by No. 82 of 1981, s. 6 ]All penalties recovered and all fees received under this Act, and all fines ordered to be paid under section 17A , shall be paid to the Registrar, and shall form part of the funds of the Board.

(2)  [Section 37 Subsection (2) added by No. 82 of 1981, s. 6 ]The funds of the Board may be expended by the Board for the purposes of this Act.

38.   Regulations

[Section 38 Amended by 25 Geo. V No. 78 ][Section 38 Amended by 3 & 4 Geo. VI No. 60, s. 2 ]

(1)  The Board may make regulations for the purposes of this Act, but such regulations shall not have any effect until they shall have been confirmed by the Governor.

(2)  [Section 38 Subsection (2) substituted by No. 66 of 1965, s. 18 ][Section 38 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Without prejudice to the generality of the provisions of subsection (1) , regulations made for the purposes of this Act may –

(a) regulate, in connection with the practice or business of a pharmaceutical chemist, the manufacture, storage, and making up, of medicines and drugs, and the compounding and dispensing of prescriptions;

(b) impose duties on registered pharmaceutical chemists with regard to the training of persons who have entered into with them such contracts of service as are referred to in section 21 (4) , and the provision of facilities and equipment for any such training; and

(c) require notifications to be given to the Board of the employment by a registered pharmaceutical chemist of another registered pharmaceutical chemist.

(3)  [Section 38 Subsection (3) inserted by No. 66 of 1965, s. 18 ]Regulations made for the purposes of paragraph (a) of subsection (2) may impose requirements with reference to any provisions that are contained or may at any time be contained in any publication specified in the regulations relating to the matters referred to in that paragraph.

(4)  [Section 38 Subsection (4) added by No. 66 of 1965, s. 18 ][Section 38 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Regulations made under this Act may impose fines, not exceeding 5 penalty units, for any contravention of the regulations.

(5)  [Section 38 Subsection (5) added by No. 77 of 1973, s. 5 ]The regulations may make provision for or with respect to –

(a) the duration, renewal, suspension, and cancellation of the registration of pharmacies;

(b) the requirements with which pharmacies are to comply (including, but without affecting the generality of this paragraph, the construction, ventilation, lighting, cleanliness, and sanitation of pharmacies and the kind of fittings that may or may not be installed therein);

(c) the giving to the Board of notice of structural alterations proposed to be made to pharmacies; and

(d) the giving by the Board of notices requiring the carrying out of specified structural alterations in pharmacies and the enforcement of the requirements of the Board in relation thereto.

39.   Exemption for sale of certain medicines and drugs

[Section 39 Substituted by No. 86 of 1959, s. 6 ][Section 39 Subsection (1) amended by No. 58 of 1963, s. 2 ][Section 39 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ]

(1)  [Section 39 Subsection (1) amended by No. 35 of 1961, s. 2 ]Nothing in this Act prohibits the sale –

(a) by any person at a place more than 5 kilometres from the nearest place of business of a registered pharmaceutical chemist of any patent or proprietary medicine or drug or of any medicine or drug in an unopened package bearing the label of a registered pharmaceutical chemist; or

(b) by any person of any medicine or drug for the time being specified in the list formulated by the Board under subsection (2) .

(2)  For the purposes of paragraph (b) of subsection (1) , the Board may formulate a list of medicines and drugs which it considers may be sold otherwise than by registered pharmaceutical chemists, and may alter any such list.

(3)  A document certified by the Registrar or the deputy-registrar of the Board to be a true copy of the list formulated under subsection (2) as it was in force on the date specified in the certificate, shall, until the contrary is proved, be presumed to be a true copy of that list as it was in force on that date.

(4)  A list formulated pursuant to this section, and any amendment thereof, is a statutory rule within the meaning of the Rules Publication Act 1953 .

40.   Right of medical practitioners to vend drugs

It shall be lawful for every legally-qualified medical practitioner to vend any medicines or drugs without becoming registered as a pharmaceutical chemist under this Act.

41.   

[Section 41 Repealed by No. 96 of 1971, s. 4 ].  .  .  .  .  .  .  .  

42.   

[Section 42 Repealed by No. 96 of 1971, s. 4 ].  .  .  .  .  .  .  .  

43.   

[Section 43 Repealed by No. 96 of 1971, s. 4 ].  .  .  .  .  .  .  .  

44.   

[Section 44 Repealed by No. 96 of 1971, s. 4 ].  .  .  .  .  .  .  .  

45.   Powers of inspection

[Section 45 Inserted by No. 66 of 1965, s. 19 ][Section 45 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]For the purpose of ascertaining whether the provisions of this Act are being complied with an inspector appointed by the Board under this Act may enter and inspect any premises on which he has reasonable grounds for believing there is carried on the practice or business of a pharmaceutical chemist.

SCHEDULE I - Forms

[Schedule I Amended by 25 Geo. V No. 78 ][Schedule I Form II substituted by No. 66 of 1965, s. 20 and Sched. 1 ][Schedule I Form III repealed by No. 86 of 1959, s. 7 ]

Sections 14 and 23

Form I - Register of Pharmaceutical Chemists

Section 14

Form II - Certificate of Qualification as a Registered Pharmaceutical Chemist

Section 23

Form III

Form IV

SCHEDULE II - Fees Payable to the Board under this Act

[Schedule II Amended by No. 86 of 1959, s. 8 ][Schedule II Amended by S.R. 1962 No. 129 ][Schedule II Amended by No. 55 of 1965, s. 5 ][Schedule II Amended by S.R. 1967 No. 285 ][Schedule II Amended by S.R. 1971 No. 263 ][Schedule II Amended by S.R. 1972 No. 312 ][Schedule II Amended by S.R. 1974 No. 304 ][Schedule II Amended by S.R. 1975 No. 315 ][Schedule II Amended by S.R. 1981 No. 330 ][Schedule II Amended by S.R. 1982 No. 221 ][Schedule II Amended by S.R. 1983 No. 218 ][Schedule II Amended by S.R. 1984 No. 238 ][Schedule II Amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ][Schedule II Amended by S.R. 1986 No. 289 ][Schedule II Amended by S.R. 1987 No. 241 ][Schedule II Amended by S.R. 1988 No. 231 ][Schedule II Amended by S.R. 1989 No. 190 ][Schedule II Amended by S.R. 1990 No. 171 ][Schedule II Amended by S.R. 1994 No. 198 ][Schedule II Amended by S.R. 1995 No. 150 ][Schedule II Substituted by S.R. 1997, No. 154, Applied:03 Dec 1997]

Section 36

[Schedule II Amended by S.R. 1999, No. 128, Applied:24 Nov 1999]