New South Wales Repealed Acts

This legislation has been repealed.

PHARMACY ACT 1964 - SECT 25

25 Persons other than pharmacists not to have interest in pharmacists’ businesses

(1) A person (not being a pharmacist), a corporation or a body of persons unincorporated shall not carry on, as owner or otherwise, the business of a pharmacist in a pharmacy or otherwise have a pecuniary interest, direct or indirect, in the business of a pharmacist carried on in a pharmacy.

(1A) Subsection (1) does not prevent a body of persons unincorporated, being a partnership consisting only of pharmacists and formed for the purpose of carrying on, as owner or otherwise, the business of a pharmacist in a pharmacy or for the purpose of otherwise having a pecuniary interest, direct or indirect, in such a business carried on in a pharmacy, from so carrying on, or otherwise having such a pecuniary interest in, such a business.

(2) Subsection (1) does not prevent:

(a) an individual from being employed in the carrying on of the business of a pharmacist, or

(b) an individual, a body corporate or an unincorporated body from having a pecuniary interest, direct or indirect, in the business of a pharmacist as a party to a bill of sale given in respect of that business, or

(c) an individual, a body corporate or an unincorporated body from having such an interest in circumstances prescribed by the regulations.

(3) Any person or corporation who or which contravenes any provision of this section shall be guilty of an offence against this Act.

(4) If any unincorporated association contravenes any provision of this section the members of the board of management or other controlling authority thereof shall be severally guilty of an offence against this Act.

(5) This section shall not operate to prevent any person, corporation or body of persons unincorporated who or which has entered into possession of the business of a pharmacist under a bill of sale, from carrying on subject to section 27 such business in a pharmacy during a period not exceeding three months after the date upon which such person, corporation or body of persons so entered into possession.
This subsection shall extend to and in respect of any person, corporation or body of persons unincorporated who or which has so entered into possession before the commencement of this Act but in the case only of a person the period of three months referred to in this subsection shall commence to run upon the date of such commencement.

(6) Where:

(a) a person’s name is removed from the register or the person is suspended from practice as a pharmacist under this Act, and

(b) the person was entitled to carry on, and was carrying on, the business of a pharmacist in a pharmacy immediately before the person’s name was so removed or the person’s suspension took effect,

this section shall not operate to prevent the person from carrying on subject to section 27 that business during the period of three months next following the day on which the person’s name was so removed or the person’s suspension took effect.

(7) A person who carries on the business of a pharmacist in a pharmacy by virtue of subsection (6) shall, during the period during which the person so carries on that business, neither enter nor be in any premises in which that business is so carried on unless the person has the consent of the Board to do so and the person complies with any conditions imposed by the Board in relation thereto (which consent and conditions the Board is hereby authorised to give, impose and revoke from time to time).