New South Wales Consolidated Acts

PHARMACY PRACTICE ACT 2006 - SECT 4

4 Definitions

(1) In this Act:
"associated professional services room", in relation to a pharmacy business, means a professional services room specified as being associated with the pharmacy business in an approval granted and in force under clause 1 of Schedule 2.
"Board" means the Pharmacy Board constituted by this Act.
"Chairperson" means the Chairperson of the Tribunal.
"Commission" means the Health Care Complaints Commission constituted under the Health Care Complaints Act 1993 .
"Committee" means the Pharmacy Care Assessment Committee constituted by this Act.
"competence" to practise pharmacy has the meaning given by section 9.
"complaint" means a complaint against a pharmacist under Part 4 (Complaints and disciplinary proceedings).
"conduct" means any act or omission.
"criminal finding" means a finding by a court that a person is guilty of an offence without proceeding to conviction.

Note: Section 140 makes special provision with respect to the application for the purposes of this Act of the Criminal Records Act 1991 in respect of criminal findings.

"Deputy Chairperson" means a Deputy Chairperson of the Tribunal.
"Deputy President" means the Deputy President of the Board.
"Director-General" means the Director-General of the Department of Health.
"drug related offence" means an offence under the Poisons and Therapeutic Goods Act 1966 or the Drug Misuse and Trafficking Act 1985 or regulations under those Acts.
"exercise" a function includes perform a duty.
"firm" means a partnership or other unincorporated association of persons.
"full registration" means registration under section 11.
"function" includes a power, authority or duty.
"health registration Act" has the same meaning as in the Health Care Complaints Act 1993 .
"health service" has the same meaning as in the Health Care Complaints Act 1993 .
"Impaired Registrants Panel" means an Impaired Registrants Panel constituted under this Act.
"impairment" has the meaning given by section 10.
"midwife practitioner" means a person authorised under the Nurses and Midwives Act 1991 to practise as a midwife practitioner.
"Mutual Recognition laws" means the Mutual Recognition Act 1992 of the Commonwealth and the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
"nurse practitioner" means a person authorised under the Nurses and Midwives Act 1991 to practise as a nurse practitioner.
"pecuniary interest" means a direct or indirect monetary or financial interest and includes:

(a) a proprietary interest (including a proprietary interest as a sole proprietor, partner, director, member or shareholder, or trustee or beneficiary), and

(b) any interest that is prescribed by the regulations as constituting a pecuniary interest for the purposes of this Act,

but does not include the following:

(c) (except in clause 9 of Schedule 3) any interest in a pharmacy business that a person has by virtue of the person being:

(i) a member of a friendly or other society that has a pecuniary interest in such a business permitted by section 26, or

(ii) a member of a listed corporation within the meaning of the Corporations Act 2001 of the Commonwealth that carries on or has a pecuniary interest in such a business under section 27,

(d) (except in section 31 (2) and clause 9 of Schedule 3) any interest in a pharmacy business that a person has by virtue of the person being a member of a body corporate (other than a listed corporation referred to in paragraph (c) (ii)) that carries on or has a pecuniary interest in such a business under section 27, but only if the person was a member of the body corporate before the commencement of Schedule 7.12 to this Act,

(e) any interest that is prescribed by the regulations as not constituting a pecuniary interest for the purposes of this Act.

"pharmacists’ body corporate" means a body corporate all the shareholders and directors of which are registered pharmacists.
"pharmacists’ partnership" means a partnership consisting only of registered pharmacists.
"pharmacy" means any premises in or on which a person carries on a pharmacy business and includes:

(a) such portion (if any) of those premises in or on which the person sells or offers for sale goods of any kind, and

(b) a professional services room,

but does not include any such premises located in a public hospital controlled by a public health organisation (within the meaning of the Health Services Act 1997 ).
"pharmacy business" means the business of an apothecary or a chemist, pharmaceutical chemist, pharmaceutist, pharmacist, druggist, homoeopathic chemist, dispensing chemist or dispensing druggist in which the dispensing and compounding of prescriptions for any substance specified in the Poisons List proclaimed under section 8 of the Poisons and Therapeutic Goods Act 1966 occurs.
"President" means the President of the Board.
"professional misconduct" is defined in Part 4 (Complaints and disciplinary proceedings).
"professional services room" means premises in or on which a person carries on a pharmacy business that involves only:

(a) the preparation and packaging of drugs, or the packaging of drugs, by or under the personal supervision of a registered pharmacist, for supply to individual patients or to a health care facility for supply to patients or residents of that facility, and

(b) the storage of those drugs.

"prohibition order" has the same meaning as in section 66 (3A).
"provisional registration" means registration under section 14.
"Register" means the Register of Pharmacists kept by the Board under this Act.
"Register of Pharmacies" means the Register of Pharmacies kept by the Board under this Act.
"registered" means registered under this Act.
"Registrar" means the Registrar of the Board.
"registration authority" has the same meaning as in the Health Care Complaints Act 1993 .
"security interest" in respect of a pharmacy business means a mortgage, bill of sale or charge over, or other arrangement of a kind prescribed by the regulations in respect of, a pharmacy business, that secures the payment of a debt or performance of some other obligation under a contract or other legally enforceable arrangement.
"sex or violence offence" means an offence involving sexual activity, acts of indecency, child pornography, physical violence or the threat of physical violence.
"sex or violence, or drug related, criminal finding" means a criminal finding for a sex or violence, or drug related, offence.
"supervised registration" means registration under section 13.
"temporary registration" means registration under section 15.
"Tribunal" means the Pharmacy Tribunal constituted under this Act.
"unsatisfactory professional conduct" is defined in Part 4 (Complaints and disciplinary proceedings).

(2) In this Act, a reference to a pharmacy business is a reference to a pharmacy business carried on in a pharmacy.