New South Wales Repealed Acts

This legislation has been repealed.

PHARMACY ACT 1964 - SECT 3

3 Definitions

(1) In this Act, unless the context or subject matter otherwise indicates or requires:
"Advertising" means advertising:

(a) in a newspaper, magazine or other publication,

(b) in a circular, hand bill, poster or other notice,

(c) orally or by any means of producing or transmitting light or sound, or

(d) in any other manner.

"After-hours pharmacy" has the meaning ascribed thereto by section 78 of the Factories, Shops and Industries Act 1962 , as amended by subsequent Acts.
"Board" means the Pharmacy Board of New South Wales constituted under the provisions of this Act.
"Business of a pharmacist" means the business of a chemist, pharmaceutical chemist, pharmaceutist, pharmacist, druggist, homoeopathic chemist, dispensing chemist or dispensing druggist.
"Commission" means the Health Care Complaints Commission constituted under the Health Care Complaints Act 1993 .
"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 .
"Medical practitioner" means a person registered under the Medical Practitioners Act 1938 , as amended by subsequent Acts.
"nurse practitioner" means a person authorised under the Nurses and Midwives Act 1991 to practise as a nurse practitioner or midwife 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 6 of Schedule 1) any interest in a business of a pharmacist 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 27A, 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 25 (2) (c), or

(iii) a member of a body corporate (other than a listed corporation referred to in subparagraph (ii)) that carries on or has a pecuniary interest in such a business under section 25 (2) (c), but only if the person was a member of the body corporate before the commencement of this definition,

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

"Pharmacist" means a person registered under this Act.
"Pharmacy" means any premises in or on which a person carries on the business of a pharmacist and includes such portion (if any) of those premises in or on which the person sells or offers for sale goods of any kind, 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 .
"Prescribed" means prescribed by this Act, or by the regulations.
"Prohibition order" has the same meaning as in section 20 (2A).
"Register" means the Register of Pharmacists under this Act.
"Registrar" means the registrar appointed under the provisions of this Act.
"Regulations" means regulations made under this Act.

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.