New South Wales Consolidated Acts

PHARMACY PRACTICE ACT 2006 - SECT 30

30 Pharmacist to be in charge of every pharmacy business

(1) A pharmacy business carried on on approved premises must be in the charge of a registered pharmacist who must personally supervise the carrying on of the business.

(2) If a pharmacy business is carried on on approved premises in contravention of subsection (1):

(a) the owner of the pharmacy business is guilty of an offence, and

(b) if the pharmacist in charge of the approved premises is by the terms of the pharmacist’s employment required to be in charge of the approved premises at the time of the contravention, the pharmacist is guilty of an offence.

Maximum penalty: 100 penalty units.

(3) It is a defence in any proceedings against an owner for a contravention of subsection (1) if the owner proves to the satisfaction of the court that the owner used all due diligence to prevent the contravention.

(4) In this section, a reference to approved premises is a reference to premises approved under clause 1 of Schedule 2.

(5) To avoid doubt, during any period in which a pharmacy business carried on in an associated professional services room, and the pharmacy business with which those premises are associated, operate simultaneously, subsection (1) requires each business to be in the charge of a separate registered pharmacist who must personally supervise the carrying on of each business.

(6) A person who is granted supervised registration under section 13 is taken not to be a registered pharmacist for the purposes of this section during the period of that registration.