New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) The business of a pharmacist carried on in a pharmacy and any dispensary (not forming part of such a business) in which medicines are dispensed or compounded on the order or prescription of a medical practitioner, nurse practitioner or registered optometrist, shall be in charge of a pharmacist who shall personally superintend the carrying on of the said business or the said dispensary.
(2) If the business of a pharmacist is carried on in a pharmacy, or a dispensary is carried on, in contravention of subsection (1), the owner of the business and if the pharmacist in charge of the business or dispensary is by the terms of the pharmacist’s employment required to be in charge of the business or dispensary at the time of the contravention, such pharmacist shall be guilty of an offence against this Act.
(3) If any owner who contravenes subsection (1) is a body of persons unincorporated, the members of the board of management or other controlling authority thereof shall be severally guilty of an offence against this Act.
(4) It shall be a sufficient defence to a prosecution of 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.