New South Wales Consolidated Acts

PHARMACY PRACTICE ACT 2006 - SECT 29

29 Certain provisions in certain instruments to be void

(1) Any provision in a lease or a licence, or an arrangement that creates a security interest, in respect of a pharmacy business:

(a) that requires the lessee or the licensee, or the grantor of the security interest (as the case may be), to purchase or otherwise obtain goods or services in connection with that business from the lessor or the licensor, or the grantee of the security interest, or

(b) that gives to the lessor, the licensor or the grantee power to control the manner in which that business is to be carried on (including power to determine whether or not the pharmacy may participate in any public health programs), or

(c) that gives to the lessor, the licensor or the grantee access to the books of account kept in respect of that business otherwise than for the purposes of determining whether or not the lessee, the licensee or grantor is complying with the terms and conditions of the lease, licence or arrangement, or

(d) that provides that the lessor, the licensor or the grantee is to receive any consideration that varies according to the profits or takings of that business,

is void.

(2) Subsection (1) (b) does not affect a provision relating to the opening or closing hours of a pharmacy business that is located in a retail shopping centre.