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Queensland
PHARMACISTS
REGISTRATION BILL 2000
Queensland
PHARMACISTS REGISTRATION BILL
2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Board's decisions to accord with decisions of certain bodies
under the Health Practitioners (Professional Standards) Act 1999 . . . . . . . 14
6 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Objects
8 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4--Interpretation
9 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--PHARMACISTS BOARD OF QUEENSLAND
Division 1--Establishment and functions
10 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13 Board's independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
15 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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Division 2--Membership
16 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
18 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Certain nominee board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
20 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
24 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Leave of absence for a member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 25
27 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3--Board business
28 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
30 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
33 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 4--Board committees
34 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
35 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 5--Disclosure of interests by board members and committee
members
36 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 6--Directions by Minister
37 Minister's power to give directions in the public interest . . . . . . . . . . . . . . 29
Division 7--Annual reports
38 Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 8--Other provisions about the board
39 Board is statutory body under the Financial Administration and
Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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40 Board is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
41 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 3--REGISTRATION
Division 1--Preliminary
42 Who may apply for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2--Applications for general registration
Subdivision 1--Applications
43 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 2--Eligibility for general registration
44 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
45 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 33
46 Fitness to practise the profession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
47 Training required for general registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
48 Practice required for general registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
49 Experience in the practice of the profession . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 3--Inquiries into applications
50 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 38
51 Appointment of appropriately qualified person to conduct health
assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
52 Report about health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
53 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
54 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 4--Decision on applications
55 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
56 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 41
57 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
58 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 5--Information in certificates of general registration
59 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 44
Subdivision 6--Period of general registration
60 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
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Subdivision 7--Conditions of general registration
61 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
62 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 3--Provisional general registration
63 Meaning of "authorised person" for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
64 Provisional general registration of a person . . . . . . . . . . . . . . . . . . . . . . . . . . 46
65 Confirmation or cancellation of provisional general registration . . . . . . . . . 47
66 Procedure after cancellation of provisional general registration . . . . . . . . . 47
67 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 47
68 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
69 Board decides to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
70 Board decides to refuse to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
71 Deemed refusal by board to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
72 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 49
Subdivision 2--Applications for renewal of general registrations
73 Notification of imminent expiry of registration . . . . . . . . . . . . . . . . . . . . . . . 50
74 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
75 General registration taken to be in force while application is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Subdivision 3--Decision on applications
76 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
77 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
78 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . 53
79 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 5--Restoration of general registrations
80 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
81 When an application for restoration of a general registration may
be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
82 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
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83 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
84 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
85 When recency of practice conditions take effect . . . . . . . . . . . . . . . . . . . . . 56
Division 6--Cancellation of general registrations
86 Ground for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
87 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
88 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 57
89 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 57
90 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
91 Return of cancelled certificate of general registration to board . . . . . . . . . 58
Division 7--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or
District Court
92 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
93 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
94 Review of conditions during review period . . . . . . . . . . . . . . . . . . . . . . . . . . 59
95 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
96 Application of ss 5154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
97 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
98 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
99 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
100 Failure by board to make decision on application . . . . . . . . . . . . . . . . . . . . 62
101 Failure by board to make decision on review agreed to under s 94 . . . . . . 63
102 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 64
Subdivision 2--Recording change, or removal, of conditions
103 Amendment of, or replacing, certificates of general registration . . . . . . . . 64
Division 8--Special purpose registrations
Subdivision 1--Applications for special purpose registration
104 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 65
105 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
106 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
107 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 66
108 Suitability to be a special purpose registrant . . . . . . . . . . . . . . . . . . . . . . . . 67
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109 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
110 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
111 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Subdivision 2--Renewal of special purpose registrations
112 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
113 Matters that may be considered in deciding whether to renew
special purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
114 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
115 Period of renewed special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 69
Subdivision 3--Cancellation of special purpose registrations
116 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
117 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Subdivision 4--Removal of conditions
118 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 9--General provisions about registrations
119 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 71
120 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
121 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 72
122 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 72
123 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
124 Notification of certain events to interstate regulatory authorities
and other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
125 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
126 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
127 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 76
128 Restrictions on special purpose registrants, provisional general
registrants and provisional special purpose registrants . . . . . . . . . . . . . . . . . 76
129 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 77
Division 2--Notification of business names and other details
130 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
131 Notification of change in business names etc. . . . . . . . . . . . . . . . . . . . . . . . 78
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Division 3--Advertising
132 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
133 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 4--Registrants' autonomy
134 Aiding, abetting etc. conduct that is a ground for disciplinary action . . . . . 80
Division 5--Court orders and injunctions
135 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 81
136 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 6--Reprisals
137 Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
138 Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
139 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 7--Other provisions
140 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . 85
141 Business providing professional services to be carried on under
supervision of registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
142 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
143 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
144 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 2--Appointment of inspectors and other matters
145 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
146 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
147 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
148 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
149 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 88
Division 3--Powers of inspectors
Subdivision 1--Entry of places
150 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Subdivision 2--Procedure for entry
151 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
152 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
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153 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
154 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
155 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Subdivision 3--Powers after entry
156 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
157 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
158 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Subdivision 4--Power to seize evidence
159 Seizing evidence at a place that may be entered without consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
160 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
161 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
162 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
163 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
164 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
165 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
166 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
167 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
168 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
169 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Subdivision 5--Power to obtain information
170 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
171 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
172 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
173 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
174 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Division 4--General enforcement matters
175 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
176 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
177 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
178 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
179 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
9
Pharmacists Registration
180 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
PART 6--APPEALS
181 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
182 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
183 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
184 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
185 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
186 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
187 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
188 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
189 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 2--Proceedings
190 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
191 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
192 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 109
193 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 109
194 Allegations of false or misleading information or documents . . . . . . . . . . . 110
195 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
196 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 110
197 Executive officers must ensure corporation complies with Act . . . . . . . . . . 111
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
198 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
199 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 2--Records to be kept
200 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 3--Information
201 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
202 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 115
10
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PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
203 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
204 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 116
205 Health records forming part of deceased estate . . . . . . . . . . . . . . . . . . . . . . 116
206 Health records of persons convicted of an offence against
s 125(1) or (6) or 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
207 Dealing with certain health records seized under s 159 or 160 . . . . . . . . . . 117
208 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
209 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Division 2--Continuing professional education of registrants
210 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . . 118
Division 3--Other provisions
211 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
212 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 119
213 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 120
214 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
215 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
216 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
217 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
PART 10--REPEAL, TRANSITIONAL AND SAVINGS
PROVISIONS
Division 1--Repeal
218 Repeal of Pharmacy Act 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 2--Transitional provisions
219 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
220 References to repealed Act or former board . . . . . . . . . . . . . . . . . . . . . . . . . 122
221 Board is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
222 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
223 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
224 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
225 Dealing with matter under Health Practitioners (Professional
Standards) Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
11
Pharmacists Registration
226 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
227 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
228 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 124
229 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
230 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
231 Existing applications for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
232 Existing applications for restoration of registration . . . . . . . . . . . . . . . . . . . . 127
233 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
234 Sections 130 and 133 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 128
235 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
236 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Division 3--Savings provisions
242 Continuation of approvals under s 30 of the repealed Act . . . . . . . . . . . . . . 129
243 Continuation of approvals under s 35 of the repealed Act . . . . . . . . . . . . . . 129
244 Continuation of certain provisions of regulation under repealed Act . . . . . 130
PART 11--CONSEQUENTIAL AND OTHER AMENDMENTS
245 Amendment of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
246 Amendment of Pharmacy Act 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
247 Amendment of Pharmacy Regulation 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . 130
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 131
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 133
CONSEQUENTIAL AMENDMENTS OF ACTS
DRUGS MISUSE ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 135
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
12
Pharmacists Registration
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT
1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
VETERINARY SURGEONS ACT 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 137
AMENDMENT OF PHARMACY ACT 1976
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 141
DICTIONARY
2000
A BILL
FOR
An Act to provide for the registration of pharmacists, and for other
purposes
s1 14 s5
Pharmacists Registration
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Pharmacists Registration Act 2000. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
Division 2--Operation of Act 8
binds all persons 9
Act
3.(1) This Act binds all persons, including the State. 10
(2) Nothing in this Act makes the State liable to be prosecuted for an 11
offence. 12
legislative scheme 13
The
4. This Act is part of a legislative scheme (the "legislative scheme") 14
consisting of the health practitioner registration Acts, the Health 15
Practitioner Registration Boards (Administration) Act 1999 and the Health 16
Practitioners (Professional Standards) Act 1999. 17
decisions to accord with decisions of certain bodies under the 18
Board's
Health Practitioners (Professional Standards) Act 1999 19
5.(1) This section applies if the board is making-- 20
s6 15 s8
Pharmacists Registration
(a) a decision on an application for registration; or 1
(b) a decision, under this Act, affecting a registrant's registration. 2
(2) The decision must comply with, and be consistent with, any decision 3
of the board, a disciplinary committee, a professional conduct review panel, 4
the Health Practitioners Tribunal or the Court of Appeal, affecting the 5
applicant or registration, under the Health Practitioners (Professional 6
Standards) Act 1999. 7
of Act 8
Application
6.This Act does not limit the application of the Health Act 1937. 9
recognition legislation not affected 10
Mutual
7. This Act does not affect the operation of the Mutual Recognition 11
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 12
(Queensland) Act 1999. 13
Division 3--Objects 14
of Act 15
Objects
8.(1) The objects of this Act are-- 16
(a) to protect the public by ensuring health care is delivered by 17
registrants in a professional, safe and competent way; and 18
(b) to uphold the standards of practice within the profession; and 19
(c) to maintain public confidence in the profession. 20
(2) The objects are to be achieved mainly by-- 21
(a) establishing the Pharmacists Board of Queensland; and 22
(b) providing for the registration of persons under this Act; and 23
(c) imposing obligations on persons in relation to the practice of the 24
profession; and 25
s9 16 s 12
Pharmacists Registration
(d) providing for compliance with this Act to be monitored and 1
enforced. 2
4--Interpretation 3
Division
4
Definitions
9. The dictionary in schedule 4 defines particular words used in this Act. 5
ART 2--PHARMACISTS BOARD OF QUEENSLAND 6
P
1--Establishment and functions 7
Division
of board 8
Establishment
10.(1) The Pharmacists Board of Queensland is established. 9
(2) The board-- 10
(a) is a body corporate; and 11
(b) has a common seal; and 12
(c) may sue and be sued in its corporate name. 13
relationship with the State 14
Board's
11. The board does not represent the State. 15
of board 16
Functions
12. The board has the following functions-- 17
(a) to assess applications for registration; 18
(b) to register persons who satisfy the requirements for registration; 19
(c) to monitor, and assess, whether registrants comply with any 20
s 12 17 s 12
Pharmacists Registration
conditions of registration; 1
(d) to keep a register of, and records relating to, registrants; 2
(e) to promote high standards of practice of the profession by 3
registrants; 4
(f) to develop or adopt programs for the continuing professional 5
education of registrants, and encourage their participation in the 6
programs; 7
(g) to develop or adopt training programs in the practice of the 8
profession that are relevant to a person's eligibility for 9
registration; 10
11
Example of `training programs'--
12
Refresher courses for persons who have not practised the profession for
13
a number of years.
(h) to confer and cooperate with interstate regulatory authorities; 14
(i) to confer and cooperate with entities engaged in the development 15
of national policies about the regulation of the profession; 16
(j) to confer and cooperate with the following entities about the 17
education of persons in the practice of the profession-- 18
(i) educational institutions; 19
(ii) entities responsible for accrediting courses, or accrediting 20
institutions to educate persons, for the profession; 21
(k) to inform registrants and the public about the operation of the 22
legislative scheme in its application to the profession; 23
(l) to examine, and advise the Minister about, the operation of the 24
legislative scheme in its application to the profession; 25
(m) to monitor, and enforce, compliance with this Act; 26
(n) to undertake research, relevant to the legislative scheme, into the 27
regulation of the profession; 28
(o) to collect, and give to persons, information about the practice of 29
the profession by registrants; 30
s 13 18 s 14
Pharmacists Registration
1
Example of `information about the practice of the profession by
2
registrants'--
3
The languages, other than English, spoken by registrants.
(p) to perform other functions given to the board under this or 4
another Act. 5
6
Example for paragraph (p)--
7
Under the Health Practitioners (Professional Standards) Act 1999,
8
section 374, the board may develop codes of practice, or adopt another
9
entity's code of practice, to provide guidance to registrants as to
10
appropriate professional conduct or practice.
independence etc. 11
Board's
13. In performing its functions, the board is to act independently, 12
impartially and in the public interest. 13
of board 14
Powers
14.(1) The board has all the powers of an individual, and may, for 15
example-- 16
(a) enter into contracts; and 17
(b) enter into service agreements; and 18
(c) acquire, hold, dispose of, and deal with, property; and 19
(d) appoint agents and attorneys; and 20
(e) engage consultants; and 21
(f) fix charges, and other terms, for services and other facilities it 22
supplies; and 23
(g) do anything else necessary or convenient to be done for, or in 24
connection with, its functions. 25
(2) This section does not authorise the board to obtain administrative and 26
operational support other than as required by the Health Practitioner 27
Registration Boards (Administration) Act 1999. 28
(3) Without limiting subsection (1), the board has the powers given to it 29
under this or another Act. 30
s 15 19 s 15
Pharmacists Registration
(4) The board may exercise its powers inside or outside Queensland. 1
(5) Without limiting subsection (4), the board may exercise its powers 2
outside Australia. 3
by board 4
Delegation
15.(1) The board may delegate its powers under this Act to-- 5
(a) a member; or 6
(b) a committee of the board consisting of appropriately qualified 7
persons, 1 of whom must be a member; or 8
(c) the executive officer; or 9
(d) with the agreement of the executive officer--an appropriately 10
qualified member of the office's staff. 11
(2) However, the board may not delegate its power under this Act-- 12
(a) to decide to register, or refuse to register, an applicant for 13
registration; or 14
(b) to decide to refuse to renew a renewable registration; or 15
(c) to decide to refuse to restore a renewable registration; or 16
(d) to decide to cancel a registration; or 17
(e) to decide to impose, or remove, conditions on a registration; or 18
(f) to enter into a service agreement. 19
(3) In this section-- 20
"appropriately qualified" includes having the qualifications, experience or 21
standing appropriate to exercise the power. 22
23
Example of `standing' for a member of the office's staff--
24
The staff member's classification level in the office.
s 16 20 s 16
Pharmacists Registration
2--Membership 1
Division
of board 2
Membership
16.(1) The board consists of at least 7, but not more than 11, members 3
appointed by the Governor in Council. 4
(2) The board must include-- 5
(a) persons who are general registrants (the "registrant members"); 6
and 7
(b) persons (the "public members") having an interest in, and 8
knowledge of, consumer health issues who are not, and have not 9
been-- 10
(i) registered under a health practitioner registration Act or an 11
earlier corresponding Act; or 12
(ii) registered or enrolled under the Nursing Act 1992 or an 13
earlier corresponding Act; or 14
(iii) registered or enrolled under a law applying, or that applied, 15
in another State or foreign country that provides, or 16
provided, for the same matter as a health practitioner 17
registration Act or the Nursing Act 1992 or a provision of the 18
Act; and 19
(c) 1 lawyer nominated by the Minister. 20
(3) Also, the Minister may nominate persons who do not belong to the 21
categories of persons mentioned in subsection (2) to be members. 22
(4) A majority of the members must be registrant members. 23
(5) In this section-- 24
"earlier corresponding Act", in relation to a health practitioner registration 25
Act, means an earlier Act that provided for the same matter as the 26
health practitioner registration Act or a provision of the health 27
practitioner registration Act. 28
"earlier corresponding Act", in relation to the Nursing Act 1992, means 29
an earlier Act that provided for the same matter as the Nursing Act 30
1992 or a provision of the Nursing Act 1992. 31
s 17 21 s 19
Pharmacists Registration
members 1
Registrant
17. The registrant members must consist of-- 2
(a) at least 2 general registrants nominated by the bodies the Minister 3
considers represent the interests of registrants; and 4
(b) if there are educational institutions established in the State--1 5
general registrant nominated by the governing bodies of the 6
institutions chosen by the Minister; and 7
(c) at least 1 general registrant nominated by the Minister. 8
members 9
Public
18. The public members must consist of-- 10
(a) at least 1 person nominated by community groups and other 11
entities the Minister considers have an interest in consumer health 12
issues; and 13
(b) at least 1 other person nominated by the Minister. 14
nominee board members 15
Certain
19.(1) This section applies for the nomination of a person or persons for 16
a position or positions on the board under section 17(a) or (b) or 18(a). 17
(2) The Minister must give the entities who may make the nomination 18
notice stating a reasonable period within which they may nominate the 19
person or persons for the position or positions. 20
(3) The Minister may in the notice ask the entities to nominate more than 21
the required number of persons for the position or positions. 22
(4) Subject to subsections (5) and (6), if the entities nominate more than 23
the required number of persons for the position or positions-- 24
(a) the Minister must choose the nominee or nominees for the 25
position or positions from the nominations; and 26
(b) the person or persons chosen are taken to be the nominee or 27
nominees, under the relevant provision mentioned in 28
subsection (1), for the position or positions. 29
s 20 22 s 20
Pharmacists Registration
(5) Subsection (6) applies if-- 1
(a) the entities do not nominate a person or persons for the position 2
or positions within the period stated in the notice; or 3
(b) the entities nominate a number of persons for the position or 4
positions that is less than the number requested by the Minister 5
under subsection (3); or 6
(c) the person or any of the persons nominated by the entities are not 7
eligible to be appointed to the position or positions concerned. 8
(6) The Minister must nominate a person or persons eligible to be 9
appointed to the position or positions and the nomination or nominations are 10
taken to have been made by the entities. 11
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 12
nomination under subsection (6) may be of, or include, a person or persons 13
nominated by the entities. 14
and deputy chairperson of board 15
Chairperson
20.(1) The Governor in Council is to appoint a registrant member to be 16
the chairperson, and another registrant member to be the deputy 17
chairperson, of the board. 18
(2) A person may be appointed as the chairperson or deputy chairperson 19
at the same time the person is appointed as a member. 20
(3) The chairperson or deputy chairperson holds office for the term 21
decided by the Governor in Council, unless the person's term of office as a 22
member ends sooner than the person's term of office as chairperson or 23
deputy chairperson. 24
(4) A vacancy occurs in the office of chairperson or deputy chairperson if 25
the person holding the office resigns the office by signed notice of 26
resignation given to the Minister or ceases to be a registrant member. 27
(5) However, a person resigning the office of chairperson or deputy 28
chairperson may continue to be a member. 29
(6) The deputy chairperson is to act as chairperson-- 30
(a) during a vacancy in the office of chairperson; and 31
s 21 23 s 23
Pharmacists Registration
(b) during all periods when the chairperson is absent from duty or, 1
for another reason, can not perform the functions of the office. 2
of appointment 3
Term
21. A member is to be appointed for a term of not more than 4 years. 4
from membership 5
Disqualification
22.(1) A person can not become, or continue as, a member if the 6
person-- 7
(a) is affected by bankruptcy action; or 8
(b) is, or has been, convicted of an indictable offence; or 9
(c) is, or has been, convicted of an offence against this Act. 10
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 11
person-- 12
(a) is bankrupt; or 13
(b) has compounded with creditors; or 14
(c) has otherwise taken, or applied to take, advantage of any law 15
about bankruptcy. 16
of office 17
Vacation
23.(1) A member is taken to have vacated office if the member-- 18
(a) resigns his or her position on the board by signed notice of 19
resignation given to the Minister; or 20
(b) can not continue as a member under section 22; or 21
(c) is absent without the board's permission from 3 consecutive 22
meetings of the board of which due notice has been given. 23
(2) Also, a member is taken to have vacated office in any of the 24
following circumstances-- 25
(a) if the member is a registrant member--the member stops being a 26
general registrant; 27
s 24 24 s 25
Pharmacists Registration
(b) if the member is a public member--the member stops being a 1
person mentioned in section 16(2)(b); 2
(c) if the member was nominated, for membership of the board, 3
under section 16(2)(c)--the member stops being a lawyer. 4
(3) In this section-- 5
"meeting" means the following-- 6
(a) if the member does not attend--a meeting with a quorum present; 7
(b) if the member attends--a meeting with or without a quorum 8
present. 9
notice of resignation takes effect 10
When
24. A notice of resignation under section 20(4) or 23(1)(a) takes effect 11
when the notice is given to the Minister or, if a later time is stated in the 12
notice, the later time. 13
of absence for a member 14
Leave
25.(1) The Minister may approve a leave of absence for a member (the 15
"approved absent member") of more than 3 months. 16
(2) The Minister may appoint another person to act in the office of the 17
approved absent member while the member is absent on the approved 18
leave. 19
(3) A person appointed under subsection (2) must belong to the same 20
category of persons mentioned in section 16(2) or (3) to which the approved 21
absent member belongs. 22
(4) If the approved absent member is the deputy chairperson, the 23
Minister may appoint another registrant member to act in the deputy 24
chairperson's office while the deputy chairperson is absent on the approved 25
leave. 26
s 26 25 s 30
Pharmacists Registration
of vacancy in membership of board 1
Effect
26.(1) Subsection (2) applies despite sections 16 to 18.1 2
(2) The performance of a function, or exercise of a power, by the board is 3
not affected merely because of a vacancy in the membership of the board. 4
of members 5
Remuneration
27. A member is entitled to be paid the fees and allowances decided by 6
the Governor in Council. 7
3--Board business 8
Division
onduct of business 9
C
28. Subject to this division, the board may conduct its business, including 10
its meetings, in the way it considers appropriate. 11
and places of meetings 12
Times
29.(1) Board meetings are to be held at the times and places the 13
chairperson decides. 14
(2) However, the chairperson must call a meeting if asked, in writing, to 15
do so by the Minister or at least the number of members forming a quorum 16
for the board. 17
uorum 18
Q
30. A quorum for the board is the number equal to one-half of the 19
number of its members or, if one-half is not a whole number, the next 20
highest whole number. 21
1 Sections 16 (Membership of board), 17 (Registrant members) and 18 (Public
members)
s 31 26 s 32
Pharmacists Registration
at meetings 1
Presiding
31.(1) The chairperson is to preside at all meetings of the board at which 2
the chairperson is present. 3
(2) If the chairperson is absent from a board meeting, but the deputy 4
chairperson is present, the deputy chairperson is to preside. 5
(3) If the chairperson and deputy chairperson are both absent from a 6
board meeting or the offices are vacant, a registrant member chosen by the 7
members present is to preside. 8
of meetings 9
Conduct
32.(1) A question at a board meeting is decided by a majority of the votes 10
of the members present. 11
(2) Each member present at the meeting has a vote on each question to be 12
decided and, if the votes are equal, the member presiding also has a casting 13
vote. 14
(3) A member present at the meeting who abstains from voting is taken 15
to have voted for the negative. 16
(4) The board may hold meetings, or allow members to take part in its 17
meetings, by using any technology allowing reasonably contemporaneous 18
and continuous communication between members taking part in the 19
meeting. 20
21
Example of `technology allowing reasonably contemporaneous and continuous
22
communication'--
23
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 24
taken to be present at the meeting. 25
(6) A resolution is validly made by the board, even if it is not passed at a 26
board meeting, if-- 27
(a) a majority of the board members gives written agreement to the 28
resolution; and 29
(b) notice of the resolution is given under procedures approved by the 30
board. 31
s 33 27 s 34
Pharmacists Registration
inutes 1
M
33.(1) The board must keep-- 2
(a) minutes of its meetings; and 3
(b) a record of any resolutions made under section 32(6). 4
(2) Subsection (3) applies if a resolution is passed at a board meeting by 5
a majority of the members present. 6
(3) If asked by a member who voted against the passing of the 7
resolution, the board must record in the minutes of the meeting that the 8
member voted against the resolution. 9
4--Board committees 10
Division
11
Committees
34.(1) The board may establish committees of the board for effectively 12
and efficiently performing its functions. 13
(2) A committee may include a person who is not a member of the 14
board. 15
(3) The board is to decide the terms of reference of a committee. 16
(4) The functions of a committee are to-- 17
(a) advise and make recommendations to the board about matters, 18
within the scope of the board's functions, referred by the board to 19
the committee; and 20
(b) exercise powers delegated to it by the board.2 21
(5) A committee must keep a record of the decisions it makes when 22
exercising a power delegated to it by the board. 23
(6) The board may decide matters about a committee that are not 24
provided for under this Act, including, for example, the way a committee 25
must conduct meetings. 26
2 See section 15 for the board's power of delegation.
s 35 28 s 36
Pharmacists Registration
of committee members 1
Remuneration
35. A committee member is entitled to be paid the fees and allowances 2
decided by the Governor in Council. 3
Division 5--Disclosure of interests by board members and committee 4
members 5
of interests 6
Disclosure
36.(1) This section applies to a board or committee member (the 7
"interested person") if-- 8
(a) the interested person has a direct or indirect interest in an issue 9
being considered, or about to be considered, by the board or 10
committee; and 11
(b) the interest could conflict with the proper performance of the 12
person's duties about the consideration of the issue. 13
(2) As soon as practicable after the relevant facts come to the interested 14
person's knowledge, the person must disclose the nature of the interest to a 15
board or committee meeting. 16
(3) Unless the board or committee otherwise directs, the interested 17
person must not-- 18
(a) be present when the board or committee considers the issue; or 19
(b) take part in a decision of the board or committee about the issue. 20
(4) The interested person must not be present when the board or 21
committee is considering whether to give a direction under subsection (3). 22
(5) If there is another person who must, under subsection (2), also 23
disclose an interest in the issue, the other person must not-- 24
(a) be present when the board or committee is considering whether to 25
give a direction under subsection (3) about the interested person; 26
or 27
(b) take part in making the decision about giving the direction. 28
(6) If-- 29
s 37 29 s 37
Pharmacists Registration
(a) because of this section, a board or committee member is not 1
present at a board or committee meeting for considering or 2
deciding an issue, or for considering or deciding whether to give a 3
direction under subsection (3); and 4
(b) there would be a quorum if the member were present; 5
the remaining persons present are a quorum of the board or committee for 6
considering or deciding the issue, or for considering or deciding whether to 7
give the direction, at the meeting. 8
(7) A disclosure under subsection (2) must be recorded in the board's or 9
committee's minutes. 10
(8) If the interested person is a registrant member, the person does not 11
have a direct or indirect interest in an issue if the interest arises merely 12
because the person is a registrant. 13
Division 6--Directions by Minister 14
power to give directions in the public interest 15
Minister's
37.(1) The Minister may give the board a written direction about a matter 16
relevant to the performance of its functions under this Act if the Minister is 17
satisfied it is necessary to give the direction in the public interest. 18
(2) Without limiting subsection (1), the direction may be to-- 19
(a) give reports and information; or 20
(b) apply to the board a policy, standard or other instrument applying 21
to a public sector unit. 22
(3) The direction can not be about-- 23
(a) the registering of, or refusal to register, an applicant for 24
registration; or 25
(b) the renewing of, or refusal to renew, a renewable registration; or 26
(c) the restoring of, or refusal to restore, a renewable registration; or 27
(d) the cancelling of a registration; or 28
s 38 30 s 38
Pharmacists Registration
(e) the imposing, or removal, of conditions on a registration. 1
(4) Despite section 13,3 the board must comply with the direction. 2
Division 7--Annual reports 3
to be included in annual report 4
Matters
38.(1) The board's annual report under the Financial Administration and 5
Audit Act 1977 for a financial year must include the following-- 6
(a) copies of all ministerial directions given to the board under 7
section 37 during the financial year; 8
(b) the number of registrants at the end of the financial year; 9
(c) details of the amount of the board's funds spent, in the financial 10
year, on investigations and inspections under part 5;4 11
(d) details of the amount of the board's funds spent, in the financial 12
year, on developing or adopting training programs in the practice 13
of the profession that are relevant to a person's eligibility for 14
registration; 15
(e) details of the amount of the board's funds spent in the financial 16
year on research, relevant to the legislative scheme, into the 17
regulation of the profession; 18
(f) details of any policies or programs developed, or initiatives taken, 19
by the board in the financial year for the general benefit of users 20
of registrants' services. 21
(2) However, the board must exclude from the copies mentioned in 22
subsection (1)(a) all information likely to identify a person mentioned in the 23
direction. 24
3 Section 13 (Board's independence etc.)
4 Part 5 (Investigation and enforcement)
s 39 31 s 42
Pharmacists Registration
Division 8--Other provisions about the board 1
is statutory body under the Financial Administration and 2
Board
Audit Act 1977 3
39. The board is a statutory body under the Financial Administration and 4
Audit Act 1977. 5
is statutory body under the Statutory Bodies Financial 6
Board
Arrangements Act 1982 7
40.(1) The board is a statutory body under the Statutory Bodies Financial 8
Arrangements Act 1982. 9
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 sets 10
out the way in which the board's powers under this Act are affected by the 11
Statutory Bodies Financial Arrangements Act 1982. 12
common seal 13
Board's
41. The board's common seal is to be kept in the custody of a person 14
nominated by the board and may be used only as authorised by the board. 15
PART 3--REGISTRATION 16
Division 1--Preliminary 17
may apply for registration 18
Who
42. Only an individual may apply for registration. 19
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 43 32 s 44
Pharmacists Registration
2--Applications for general registration 1
Division
Subdivision 1--Applications 2
requirements for applications 3
Procedural
43.(1) An application for general registration must-- 4
(a) be made to the board; and 5
(b) be in the approved form; and 6
(c) be accompanied by-- 7
(i) satisfactory evidence of-- 8
(A) relevant qualifications; and 9
(B) having completed training in the practice of the 10
profession under section 47; and 11
(C) having completed a period of practice in the profession 12
under section 48; and 13
(ii) the application fee prescribed under a regulation (the 14
"application fee"); and 15
(iii) the registration fee prescribed under a regulation (the 16
"registration fee"); and 17
(iv) any other documents, identified in the approved form, the 18
board reasonably requires; and 19
(v) if the applicant is registered under a corresponding law, 20
written details of any conditions of the registration. 21
(2) Information in the application must, if the approved form requires, be 22
verified by a statutory declaration. 23
2--Eligibility for general registration 24
Subdivision
25
Eligibility
44.(1) An applicant for general registration is eligible for general 26
s 45 33 s 45
Pharmacists Registration
registration if-- 1
(a) the applicant is qualified for general registration under section 45; 2
and 3
(b) the applicant is fit to practise the profession; and 4
(c) the applicant has completed training in the practice of the 5
profession under section 47; and 6
(d) the applicant has completed a period of practice in the profession 7
under section 48. 8
(2) Without limiting subsection (1), the board may be satisfied the 9
applicant is eligible for general registration by imposing conditions on the 10
registration under section 61.6 11
applicant is qualified for general registration 12
When
45.(1) An applicant for general registration is qualified for general 13
registration if-- 14
(a) the applicant has a qualification prescribed under a regulation; or 15
(b) the applicant has a qualification that is substantially equivalent to, 16
or based on similar competencies to that required for, a current 17
Australian or New Zealand qualification; or 18
(c) the applicant has passed a qualifying examination in the 19
profession set by or for, or recognised by, the board. 20
(2) In deciding whether subsection (1)(b) is satisfied, the board may have 21
regard to the following-- 22
(a) the advice and recommendations of-- 23
(i) an entity recognised by the board as competent to assess 24
qualifications in the profession; or 25
(ii) an entity responsible for accrediting courses, or accrediting 26
institutions to educate persons, for the profession; 27
(b) the attributes of the course leading to the applicant's qualification; 28
6 Section 61 (Imposition of conditions by board)
s 46 34 s 46
Pharmacists Registration
1
Example of `attributes' of a course--
2
The course objectives and competencies.
(c) any other relevant issue. 3
(3) In this section-- 4
"current Australian or New Zealand qualification" means an Australian 5
or New Zealand qualification, mentioned in a regulation made under 6
subsection (1)(a), that may be conferred or awarded as a result of the 7
successful completion of a course offered, at the date of the applicant's 8
application for general registration, by the educational institution 9
mentioned in relation to the qualification. 10
to practise the profession 11
Fitness
46.(1) In deciding whether an applicant for general registration is fit to 12
practise the profession, the board may have regard to the following-- 13
(a) the applicant's mental and physical health; 14
(b) the applicant's command of the English language; 15
(c) whether the applicant has been convicted of an indictable offence; 16
(d) whether the applicant has been convicted of an offence against the 17
repealed Act, this Act, the Health Practitioners (Professional 18
Standards) Act 1999 or a corresponding law; 19
(e) whether the applicant has been convicted of an offence, relating to 20
the practice of the profession, against a law applying, or that 21
applied, in the State, the Commonwealth, another State or a 22
foreign country (other than laws mentioned in paragraph (d)), 23
including, for example an offence of that type against-- 24
(i) the Health Act 1937; or 25
(ii) the Fair Trading Act 1989; 26
(f) if the applicant has been registered under this Act or the repealed 27
Act or is, or has been, registered under a corresponding law and 28
the registration was affected-- 29
(i) by the imposition of a condition--the nature of the condition 30
and the reason for its imposition; or 31
s 47 35 s 47
Pharmacists Registration
(ii) by its suspension or cancellation--the reason for its 1
suspension or cancellation; or 2
(iii) in another way--the way it was affected and the reason for it 3
being affected; 4
(g) if the qualification relied on by the applicant to obtain registration 5
was conferred or awarded on a day (the "qualification day") that 6
is more than 3 years before the date of application, the nature, 7
extent and period of any practice of the profession by the applicant 8
since the qualification day; 9
(h) any other issue relevant to the applicant's ability to competently 10
and safely practise the profession. 11
(2) For subsection (1)(g)-- 12
(a) the passing of an examination mentioned in section 45(1)(c) is 13
taken to be a qualification; and 14
(b) the day the examination was passed is taken to be the qualification 15
day. 16
(3) The board may ask the commissioner of the police service for a 17
written report about an applicant's criminal history. 18
(4) If asked by the board, the commissioner of the police service must 19
give the board a written report about the criminal history of the applicant, 20
including the criminal history in the commissioner's possession or to which 21
the commissioner has access. 22
(5) In this section-- 23
"criminal history", of an applicant, means the applicant's criminal history 24
within the meaning of the Criminal Law (Rehabilitation of Offenders) 25
Act 1986. 26
required for general registration 27
Training
47.(1) An applicant for general registration has completed training in the 28
practice of the profession if-- 29
(a) the applicant has satisfactorily completed a prescribed training 30
course; or 31
(b) the applicant has satisfactorily completed a training course that, in 32
s 48 36 s 48
Pharmacists Registration
the board's reasonable opinion, is substantially equivalent to a 1
prescribed training course; or 2
(c) the applicant has experience in the practice of the profession and, 3
in the board's reasonable opinion, the skills and knowledge 4
obtained from the experience are equivalent to the skills and 5
knowledge obtained from satisfactory completion of the 6
prescribed training course; or 7
(d) the applicant has experience in the practice of the profession and 8
has completed part of the prescribed training course and, in the 9
board's reasonable opinion, the skills and knowledge obtained 10
from the experience and partial completion of the course are 11
equivalent to the skills and knowledge obtained from satisfactory 12
completion of the prescribed training course. 13
(2) In deciding whether a training course is substantially equivalent to a 14
prescribed training course, the board may have regard to the following-- 15
(a) the course objectives and competencies; 16
(b) the course outcomes; 17
(c) the subjects included in the course; 18
(d) the advice and recommendations of an entity recognised by the 19
board as competent to assess practice in the profession; 20
(e) any other relevant issue. 21
(3) In this section-- 22
"prescribed training course" means a training course prescribed under a 23
regulation. 24
required for general registration 25
Practice
48. An applicant for general registration has completed a period of 26
practice in the profession if-- 27
(a) the applicant has completed a period of practice in the profession 28
("supervised practice") under the supervision of a registrant in a 29
way that complies with the requirements prescribed under a 30
regulation; or 31
(b) the applicant has postgraduate qualifications in pharmacy and has 32
s 49 37 s 49
Pharmacists Registration
completed part of the supervised practice and, in the board's 1
reasonable opinion, the skills and knowledge obtained from the 2
qualifications and partial completion of the supervised practice are 3
equivalent to the skills and knowledge obtained from completion 4
of supervised practice; or 5
(c) the applicant has completed, in another State, a period of practice 6
("interstate practice") that is, in the board's reasonable opinion, 7
equivalent to completion of supervised practice; or 8
(d) the applicant has completed part of a period of interstate practice 9
and part of the supervised practice and, in the board's reasonable 10
opinion, the partial completion of the interstate practice and 11
supervised practice are equivalent to completion of supervised 12
practice; or 13
(e) the applicant has experience in the practice of the profession and, 14
in the board's reasonable opinion, the skills and knowledge 15
obtained from the experience are equivalent to the skills and 16
knowledge obtained from completion of supervised practice; or 17
(f) the applicant has experience in the practice of the profession and 18
has completed part of the supervised practice and, in the board's 19
reasonable opinion, the skills and knowledge obtained from the 20
experience and partial completion of supervised practice are 21
equivalent to the skills and knowledge obtained from completion 22
of supervised practice. 23
in the practice of the profession 24
Experience
49. In deciding whether an applicant for general registration has skills and 25
knowledge obtained from experience in the practice of the profession that 26
are equivalent to the skills and knowledge obtained from satisfactory 27
completion of the prescribed training course or supervised practice, the 28
board may have regard to-- 29
(a) the length of the period for which the applicant has practised the 30
profession; and 31
(b) the nature, extent and recency of the applicant's practice of the 32
profession; and 33
s 50 38 s 50
Pharmacists Registration
(c) the applicant's knowledge of Australian practices and 1
requirements relating to the practice of the profession. 2
3--Inquiries into applications 3
Subdivision
powers before deciding applications 4
Board's
50.(1) Before deciding the application, the board-- 5
(a) may investigate the applicant; and 6
(b) may, by notice given to the applicant, require the applicant to give 7
the board, within a reasonable time of at least 30 days stated in the 8
notice, further information or a document the board reasonably 9
requires to decide the application; and 10
(c) may, by notice given to the applicant, require the applicant to 11
undergo a written, oral or practical examination within a 12
reasonable time of at least 30 days stated in the notice, and at a 13
reasonable place; and 14
(d) may, by notice given to the applicant, require the applicant to 15
undergo a health assessment within a reasonable time of at least 16
30 days stated in the notice, and at a reasonable place. 17
(2) The board may require the information or document mentioned in 18
subsection (1)(b) to be verified by a statutory declaration. 19
(3) The purpose of an examination under subsection (1)(c) must be to 20
assess the applicant's ability to competently and safely practise the 21
profession. 22
(4) The purpose of an assessment under subsection (1)(d) must be to 23
assess the applicant's mental and physical capacity to competently and 24
safely practise the profession. 25
(5) The applicant is taken to have withdrawn the application if, within the 26
stated time, the applicant-- 27
(a) does not comply with a requirement under subsection (1)(b); or 28
(b) does not undergo an examination under subsection (1)(c); or 29
(c) does not undergo an assessment under subsection (1)(d). 30
s 51 39 s 52
Pharmacists Registration
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 1
applicant within 60 days after the board receives the application. 2
(7) Also, a notice under subsection (1)(d) must state-- 3
(a) the reason for the assessment; and 4
(b) the name and qualifications of the person appointed by the board 5
to conduct the assessment; and 6
(c) the place where, and the day and time at which, the assessment is 7
to be conducted. 8
of appropriately qualified person to conduct health 9
Appointment
assessment 10
51.(1) This section applies if the board believes it is necessary for the 11
applicant to undergo a health assessment under section 50(1)(d). 12
(2) The board may appoint 1 or more appropriately qualified persons to 13
conduct the assessment, in whole or part. 14
(3) At least 1 of the persons appointed to conduct the assessment must be 15
a medical practitioner. 16
(4) Before appointing a person to conduct a health assessment, the board 17
must be satisfied the person does not have a personal or professional 18
connection with the applicant that may prejudice the way in which the 19
person conducts the assessment. 20
(5) In this section-- 21
"appropriately qualified", for a medical practitioner or other person 22
conducting a health assessment, includes having the qualifications, 23
experience, skills or knowledge appropriate to conduct the assessment. 24
about health assessment 25
Report
52.(1) A person appointed under section 51 to conduct all or part of a 26
health assessment of the applicant must prepare a report about the 27
assessment (an "assessment report"). 28
(2) The assessment report must include-- 29
(a) the person's findings as to the applicant's mental and physical 30
s 53 40 s 53
Pharmacists Registration
capacity to competently and safely practise the profession; and 1
(b) if the person finds the applicant does not have the mental and 2
physical capacity to practise the profession, the person's 3
recommendations as to any conditions that could be imposed on 4
the applicant's registration as a general registrant to overcome the 5
incapacity. 6
(3) The person must give the assessment report to the board. 7
of assessment report 8
Use
53.(1) An assessment report is not admissible in any proceedings, other 9
than stated proceedings. 10
(2) A person can not be compelled to produce the report, or to give 11
evidence relating to the report or its contents, in any proceedings, other than 12
stated proceedings. 13
(3) Subsections (1) and (2) do not apply if the report is admitted or 14
produced, or evidence relating to the report or its contents is given, with the 15
consent of the person who prepared the report and the person to whom the 16
report relates. 17
(4) In this section-- 18
"assessment report" includes a copy of the report, or a part of the report or 19
copy. 20
"proceedings under the Health Practitioners (Professional Standards) 21
Act 1999" includes a health assessment of a registrant by a health 22
assessment committee under that Act. 23
"stated proceedings" means-- 24
(a) a review of conditions under division 7;7 or 25
(b) an appeal started under part 6;8 or 26
(c) proceedings under the Health Practitioners (Professional 27
7 Division 7 (Reviewing conditions of general registrations)
8 Part 6 (Appeals)
s 54 41 s 57
Pharmacists Registration
Standards) Act 1999, not including proceedings for an offence 1
against that Act. 2
for health assessments and reports 3
Payment
54. A person who conducts a health assessment and prepares an 4
assessment report for the board is entitled to be paid for his or her work by 5
the board. 6
Subdivision 4--Decision on applications 7
8
Decision
55. The board must consider the application and decide to register, or 9
refuse to register, the applicant as a general registrant. 10
to be taken after application decided 11
Steps
56.(1) If the board decides to register the applicant as a general registrant, 12
it must as soon as practicable issue a certificate of general registration to the 13
applicant. 14
(2) If the board decides to refuse to register the applicant as a general 15
registrant, it must as soon as practicable give the applicant an information 16
notice about the decision. 17
to decide applications 18
Failure
57.(1) Subject to subsections (2) and (3), if the board fails to decide the 19
application within 60 days after its receipt, the failure is taken to be a 20
decision by the board to refuse to register the applicant as a general 21
registrant. 22
(2) Subsection (3) applies if the board has-- 23
(a) under section 50(1)(b),9 required the applicant to give the board 24
further information or a document; or 25
9 Section 50 (Board's powers before deciding applications)
s 58 42 s 58
Pharmacists Registration
(b) under section 50(1)(c), required the applicant to undergo an 1
examination; or 2
(c) under section 50(1)(d), required the applicant to undergo a health 3
assessment. 4
(3) The board is taken to have decided to refuse to register the applicant 5
as a general registrant if it fails to decide the application by the latest of the 6
following days-- 7
(a) the day that is 60 days after the board receives the further 8
information or document; 9
(b) the day that is 60 days after the board receives the results of the 10
examination; 11
(c) the day that is 60 days after the board receives the assessment 12
report. 13
(4) This section does not apply if the applicant is registered as a 14
provisional general registrant.10 15
(5) This section is subject to section 58. 16
consideration of applications 17
Further
58.(1) This section applies if the board considers it needs further time to 18
make a decision on the application because of the complexity of the matters 19
that need to be considered in deciding the application. 20
21
Example of an application for general registration that may require the consideration of
22
complex matters--
23
An application requiring the board to obtain and consider information about the
24
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 25
notice to the applicant that-- 26
(a) because of the complexity of the matters that need to be 27
considered in deciding the application, the board needs further 28
time to decide the application; and 29
10 If the applicant is registered as a provisional general registrant, section 71 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 58 43 s 58
Pharmacists Registration
(b) the period within which the board must decide the application is 1
extended to a day (the "extended day") that is 60 days after the 2
final consideration day. 3
(3) Also, the applicant and board may at any time before the final 4
consideration day agree in writing on a day (the "agreed extended day") 5
by which the application is to be decided. 6
(4) The board is taken to have decided to refuse to register the applicant 7
as a general registrant if it does not decide the application by-- 8
(a) if subsection (2) applies--the extended day; or 9
(b) if subsection (3) applies--the agreed extended day; or 10
(c) if both subsections (2) and (3) apply--the later of the extended 11
day or agreed extended day. 12
(5) Subsection (4) does not apply if the applicant is registered as a 13
provisional general registrant.11 14
(6) In this section-- 15
"final consideration day" means the latest of the following days-- 16
(a) the day that is 60 days after receipt of the application; 17
(b) if the board has, under section 50(1)(b), required the applicant to 18
give the board further information or a document--the day that is 19
60 days after the board receives the further information or 20
document; 21
(c) if the board has, under section 50(1)(c), required the applicant to 22
undergo an examination--the day that is 60 days after the board 23
receives the results of the examination; 24
(d) if the board has, under section 50(1)(d), required the applicant to 25
undergo a health assessment--the day that is 60 days after the 26
board receives the assessment report. 27
11 If the applicant is registered as a provisional general registrant, section 71 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 59 44 s 61
Pharmacists Registration
Subdivision 5--Information in certificates of general registration 1
of certificates of general registration 2
Forms
59.(1) A certificate of general registration must be in the approved form. 3
(2) The approved form must provide for the inclusion of the following-- 4
(a) the registrant's name; 5
(b) the period of the registration; 6
(c) any conditions of registration. 7
6--Period of general registration 8
Subdivision
9
Period
60.(1) The period of registration that is to apply to general registrants is 10
the period (the "general registration period"), not more than 3 years, 11
prescribed under a regulation. 12
(2) If the board decides to register an applicant for general registration as 13
a general registrant during a general registration period, the registration 14
remains in force for the period-- 15
(a) commencing on the day when the board makes the decision; and 16
(b) ending on the last day of the general registration period. 17
Subdivision 7--Conditions of general registration 18
of conditions by board 19
Imposition
61.(1) The board may decide to register an applicant for general 20
registration as a general registrant on conditions the board considers 21
necessary or desirable for the applicant to competently and safely practise 22
the profession. 23
24
Examples of conditions of general registration--
25
1. A condition that a general registrant only practise the profession under the
26
supervision of another general registrant.
s 62 45 s 63
Pharmacists Registration
1
2. A condition prohibiting a general registrant engaging in stated procedures
2
related to the practice of the profession.
(2) If the board decides to register an applicant for general registration as 3
a general registrant on conditions, it must as soon as practicable-- 4
(a) also decide the review period applying to the conditions;12 and 5
(b) give the applicant an information notice about the decisions. 6
(3) If the board decides to register an applicant for general registration as 7
a general registrant on conditions because of the applicant's mental and 8
physical health, it must also decide whether details of the conditions must be 9
recorded in the register for the period for which the conditions are in force. 10
(4) The board must decide not to record details of the conditions 11
mentioned in subsection (3) in the register unless it reasonably believes it is 12
in the interests of users of the registrant's services or the public to know the 13
details. 14
of conditions 15
Contravention
62. A general registrant must not contravene a condition of the 16
registration imposed under this Act. 17
Maximum penalty--100 penalty units. 18
3--Provisional general registration 19
Division
of "authorised person" for div 3 20
Meaning
63.(1) In this division-- 21
"authorised person" means any of the following persons who are 22
authorised by the board to decide to register a person as a provisional 23
general registrant-- 24
(a) the executive officer; 25
(b) a member; 26
12 The conditions may be reviewed under division 7 (Reviewing conditions of
general registrations).
s 64 46 s 64
Pharmacists Registration
(c) a member of the office's staff. 1
(2) An authority mentioned in subsection (1) may be limited by reference 2
to specified conditions, exceptions or factors. 3
general registration of a person 4
Provisional
64.(1) Subsection (2) applies if an authorised person reasonably 5
considers-- 6
(a) an applicant for general registration is eligible for the registration 7
without conditions; and 8
(b) because of the period before the board is likely to consider the 9
application in the ordinary course of its business, it is not 10
reasonable for the applicant to have to wait for the board to 11
consider the application. 12
(2) The authorised person may decide to register the applicant as a 13
provisional general registrant. 14
(3) Subsection (4) applies if an authorised person or the board-- 15
(a) reasonably considers, subject to an applicant for general 16
registration giving the board further evidence of the applicant's 17
relevant qualification, the applicant is eligible for the registration 18
without conditions; or 19
(b) reasonably considers-- 20
(i) an applicant for general registration would be eligible for 21
general registration without conditions, other than for the fact 22
that the relevant qualification relied on by the applicant has 23
not been conferred on, or awarded to, the applicant; and 24
(ii) the applicant is entitled to have the relevant qualification 25
conferred on, or awarded to, him or her. 26
(4) The authorised person or board may decide to register the applicant as 27
a provisional general registrant. 28
(5) If the authorised person or board decides to register the applicant as a 29
provisional general registrant, the authorised person or board must as soon 30
as practicable issue a certificate of provisional general registration to the 31
applicant. 32
s 65 47 s 67
Pharmacists Registration
(6) An authorised person or the board may not decide to register a person 1
as a provisional general registrant on conditions. 2
or cancellation of provisional general registration 3
Confirmation
65.(1) If an authorised person decides to register an applicant for general 4
registration as a provisional general registrant, the authorised person must as 5
soon as practicable report to the board about the basis for the authorised 6
person's decision. 7
(2) The board must consider the report and decide whether to confirm or 8
cancel the provisional general registration. 9
(3) In making its decision, the board must consider whether the 10
authorised person should have decided to register the applicant as a 11
provisional general registrant. 12
(4) If the board decides to cancel the provisional general registration, it 13
must as soon as practicable give the applicant notice of its decision. 14
after cancellation of provisional general registration 15
Procedure
66.(1) This section applies if the board decides, under section 65, to 16
cancel a person's provisional general registration. 17
(2) The notice of cancellation must include the reason for the decision. 18
(3) The decision takes effect on the day the notice is given to the person. 19
(4) The person must return the certificate of provisional general 20
registration to the board within 14 days after receiving the notice, unless the 21
person has a reasonable excuse. 22
Maximum penalty--10 penalty units. 23
(5) Even though the board decides to cancel a person's provisional 24
general registration, it must still consider the person's application for general 25
registration. 26
of certificate of provisional general registration 27
Form
67.(1) A certificate of provisional general registration must be in the 28
approved form. 29
s 68 48 s 70
Pharmacists Registration
(2) The approved form must provide for the inclusion of the following-- 1
(a) the registrant's name; 2
(b) the period of the registration. 3
4
Period
68. The provisional general registration of a person remains in force for 5
the period, not more than 6 months, decided by the authorised person or 6
board when deciding to register the person as a provisional general 7
registrant. 8
decides to register provisional general registrant as a general 9
Board
registrant 10
69.(1) This section applies if-- 11
(a) a person is a provisional general registrant; and 12
(b) the board decides to register the person as a general registrant. 13
(2) The provisional general registration is cancelled when the person 14
receives a certificate of general registration under section 56(1).13 15
(3) The general registration is taken to have started from the day the 16
person was registered as a provisional general registrant. 17
decides to refuse to register provisional general registrant as a 18
Board
general registrant 19
70.(1) This section applies if-- 20
(a) a person is a provisional general registrant; and 21
(b) the board decides to refuse to register the person as a general 22
registrant. 23
(2) The provisional general registration is cancelled when an information 24
notice about the decision is given to the person under section 56(2). 25
(3) The person must return the certificate of provisional general 26
13 Section 56 (Steps to be taken after application decided)
s 71 49 s 72
Pharmacists Registration
registration to the board within 14 days after receiving the information 1
notice, unless the person has a reasonable excuse. 2
Maximum penalty for subsection (3)--10 penalty units. 3
refusal by board to register provisional general registrant as a 4
Deemed
general registrant 5
71.(1) This section applies if-- 6
(a) a person is a provisional general registrant; and 7
(b) other than for section 57(4) or 58(5),14 the board would have been 8
taken to have decided to refuse to register the person as a general 9
registrant. 10
(2) The board is taken to have decided to refuse to register the person as a 11
general registrant on the expiry of the provisional general registration. 12
Division 4--Renewal of general registrations 13
1--Preliminary 14
Subdivision
of "recency of practice requirements" 15
Meaning
72.(1) "Recency of practice requirements" are requirements, 16
prescribed under a regulation, that if satisfied demonstrate that an applicant 17
for renewal of a general registration has maintained an adequate connection 18
with the profession. 19
(2) The requirements may include requirements about the following-- 20
(a) the nature, extent and period of practice of the profession by the 21
applicant; 22
(b) the nature and extent of any continuing professional education 23
undertaken by the applicant; 24
(c) the nature and extent of any research, study or teaching, relating to 25
14 Section 57 (Failure to decide applications) or 58 (Further consideration of
applications)
s 73 50 s 74
Pharmacists Registration
the profession, undertaken by the applicant; 1
(d) the nature and extent of any administrative work, relating to the 2
profession, performed by the applicant. 3
Subdivision 2--Applications for renewal of general registrations 4
of imminent expiry of registration 5
Notification
73. The board must give a general registrant notice of the imminent 6
expiry of the registration at least 60 days before the expiry. 7
requirements for applications 8
Procedural
74.(1) A general registrant may apply to the board for the renewal of the 9
registration. 10
(2) The application must be made within the period-- 11
(a) starting-- 12
(i) 60 days before the expiry of the registration; or 13
(ii) on an earlier day, if any, stated in the notice given to the 14
registrant under section 73; and 15
(b) ending immediately before the expiry. 16
(3) The application must-- 17
(a) be in the approved form; and 18
(b) be accompanied by-- 19
(i) the registration fee; and 20
(ii) any documents, identified in the approved form, the board 21
reasonably requires to decide the application. 22
(4) Information in the application must, if the approved form requires, be 23
verified by a statutory declaration. 24
(5) The approved form must require the applicant to state the following-- 25
(a) whether the applicant suffers from any ongoing medical 26
condition, of which the applicant is aware, that the applicant 27
s 75 51 s 76
Pharmacists Registration
knows or ought reasonably to know adversely affects the 1
applicant's ability to competently and safely practise the 2
profession;15 3
(b) if there are recency of practice requirements relevant to the 4
applicant, details of the extent to which the applicant has satisfied 5
the requirements. 6
registration taken to be in force while application is 7
General
considered 8
75.(1) If an application is made under section 74, the applicant's general 9
registration is taken to continue in force from the day it would, apart from 10
this section, have expired until-- 11
(a) if the board decides to renew the applicant's general 12
registration--the day a new certificate of general registration is 13
issued to the applicant under section 79(1); or 14
(b) if the board decides to refuse to renew the applicant's general 15
registration--the day an information notice about the decision is 16
given to the applicant under section 79(2); or 17
(c) if the application is taken to have been withdrawn under 18
section 76(4)--the day it is taken to have been withdrawn. 19
(2) Subsection (1) does not apply if the registration is earlier cancelled 20
under this Act or suspended or cancelled under the Health Practitioners 21
(Professional Standards) Act 1999. 22
Subdivision 3--Decision on applications 23
into applications 24
Inquiries
76.(1) Before deciding the application, the board-- 25
(a) may investigate the applicant; and 26
15 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 77 52 s 77
Pharmacists Registration
(b) may, by notice given to the applicant, require the applicant to give 1
the board, within a reasonable time of at least 30 days stated in the 2
notice, further information or a document the board reasonably 3
requires to decide the application; and 4
(c) may, if the board is not satisfied the applicant has satisfied 5
recency of practice requirements, by notice given to the applicant, 6
require the applicant to undergo a written, oral or practical 7
examination within a reasonable time of at least 30 days stated in 8
the notice, and at a reasonable place. 9
(2) The board may require the information or document mentioned in 10
subsection (1)(b) to be verified by a statutory declaration. 11
(3) The purpose of an examination under subsection (1)(c) must be to 12
assess any effect the applicant's non-satisfaction of the requirements has on 13
the applicant's ability to competently and safely practise the profession. 14
(4) The applicant is taken to have withdrawn the application if, within the 15
stated time, the applicant-- 16
(a) does not comply with a requirement under subsection (1)(b); or 17
(b) does not undergo an examination under subsection (1)(c). 18
19
Decision
77.(1) The board must consider the application and decide to renew, or 20
refuse to renew, the applicant's general registration. 21
(2) In making its decision, the board must have regard only to the extent, 22
if any, to which the applicant has satisfied recency of practice 23
requirements.16 24
(3) If there are no recency of practice requirements relevant to the 25
applicant, the board must decide to renew the applicant's general 26
registration. 27
16 Under section 78(2), the board may decide to renew the registration on recency
of practice conditions if the board is not satisfied the applicant has satisfied
recency of practice requirements.
s 78 53 s 78
Pharmacists Registration
of practice requirements are not satisfied 1
Recency
78.(1) This section applies if the board is not satisfied the applicant has 2
satisfied recency of practice requirements. 3
(2) The board may decide to renew the applicant's general registration on 4
conditions ("recency of practice conditions") the board considers will 5
sufficiently address the extent to which the applicant has not satisfied the 6
requirements. 7
(3) Before deciding to renew the registration on recency of practice 8
conditions, the board must-- 9
(a) give notice to the applicant-- 10
(i) of the details of the proposed conditions; and 11
(ii) of the reason for the proposed imposition of the conditions; 12
and 13
(iii) that the applicant may make a written submission to the 14
board about the proposed conditions within a reasonable 15
time of at least 14 days stated in the notice; and 16
(b) have regard to any written submission made to the board by the 17
applicant before the stated day. 18
(4) If the board decides to renew the registration on recency of practice 19
conditions, it must as soon as practicable-- 20
(a) also decide the review period applying to the conditions;17 and 21
(b) give the applicant an information notice about the decisions. 22
(5) The imposition of the conditions takes effect on the later of the 23
following-- 24
(a) when the information notice is given to the applicant; 25
(b) immediately after the day the registration would have expired, 26
other than for its renewal. 27
17 The conditions may be reviewed under division 7 (Reviewing conditions of
general registrations).
s 79 54 s 80
Pharmacists Registration
to be taken after application decided 1
Steps
79.(1) If the board decides to renew the applicant's general registration, it 2
must as soon as practicable issue a new certificate of general registration to 3
the applicant. 4
(2) If the board decides to refuse to renew the applicant's general 5
registration, it must as soon as practicable give the applicant an information 6
notice about the decision. 7
(3) Without affecting section 78(2), if the board decides to renew the 8
applicant's general registration, the renewed general registration is subject to 9
the conditions attaching to the registration immediately before the decision 10
takes effect.18 11
5--Restoration of general registrations 12
Division
of div 4, sdivs 1 and 3 13
Application
80. For restoring a general registration, division 4, subdivisions 1 and 3, 14
other than sections 78(5) and 79(3),19 apply as if-- 15
(a) an application for renewal of a general registration were an 16
application for restoration of a general registration; and 17
(b) an applicant for renewal of a general registration were an applicant 18
for restoration of a general registration; and 19
(c) a renewal of a general registration were a restoration of a general 20
registration. 21
18 The conditions may include conditions imposed under the Health Practitioners
(Professional Standards) Act 1999.
19 Division 4 (Renewal of general registrations), subdivisions 1 (Preliminary) and
3 (Decision on applications), sections 78 (Recency of practice requirements are
not satisfied) and 79 (Steps to be taken after application decided)
s 81 55 s 83
Pharmacists Registration
an application for restoration of a general registration may be 1
When
made 2
81. If a person's general registration has expired, the person may apply to 3
the board for restoration of the registration within 3 months after the expiry. 4
requirements for applications 5
Procedural
82.(1) The application must-- 6
(a) be in the approved form; and 7
(b) be accompanied by-- 8
(i) the restoration fee prescribed under a regulation (the 9
"restoration fee"); and 10
(ii) any documents, identified in the approved form, the board 11
reasonably requires to decide the application. 12
(2) Information in the application must, if the approved form requires, be 13
verified by a statutory declaration. 14
(3) The approved form must require the applicant to state the following-- 15
(a) whether the applicant suffers from any ongoing medical 16
condition, of which the applicant is aware, that the applicant 17
knows or ought reasonably to know adversely affects the 18
applicant's ability to competently and safely practise the 19
profession;20 20
(b) if there are recency of practice requirements relevant to the 21
applicant, details of the extent to which the applicant has satisfied 22
the requirements. 23
of restored registration 24
Period
83. If the board decides to restore the applicant's general registration 25
during a general registration period, the registration remains in force for the 26
period-- 27
20 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 84 56 s 87
Pharmacists Registration
(a) commencing on the day when the board makes the decision; and 1
(b) ending on the last day of the general registration period. 2
of expired registration 3
Conditions
84. Without affecting section 78(2), as applied by section 80, if the board 4
decides to restore the applicant's general registration, the registration is 5
subject to the conditions attaching to the registration immediately before its 6
expiry. 7
recency of practice conditions take effect 8
When
85. If the board decides to restore the applicant's general registration on 9
recency of practice conditions, the imposition of the conditions takes effect 10
when the information notice about the decision is given by the board to the 11
applicant. 12
Division 6--Cancellation of general registrations 13
for cancellation 14
Ground
86. A person's general registration may be cancelled, under this division, 15
on the ground that the person was registered because of a materially false or 16
misleading representation or declaration. 17
cause notice 18
Show
87.(1) If the board believes the ground exists to cancel a general 19
registration, the board must before taking action to cancel the registration 20
give the registrant a notice (a "show cause notice"). 21
(2) The show cause notice must-- 22
(a) state the board proposes to cancel the registration; and 23
(b) state the ground for the proposed cancellation; and 24
(c) outline the facts and circumstances forming the basis for the 25
ground; and 26
s 88 57 s 90
Pharmacists Registration
(d) invite the registrant to show within a stated period (the "show 1
cause period") why the registration should not be cancelled. 2
(3) The show cause period must be a period ending not less than 21 days 3
after the show cause notice is given to the registrant. 4
about show cause notices 5
Representations
88.(1) The registrant may make written representations about the show 6
cause notice to the board in the show cause period. 7
(2) The board must consider all written representations (the "accepted 8
representations") made under subsection (1). 9
show cause process without further action 10
Ending
89.(1) This section applies if, after considering the accepted 11
representations for the show cause notice, the board no longer believes the 12
ground exists to cancel the registration. 13
(2) The board must not take any further action about the show cause 14
notice. 15
(3) The board must also as soon as practicable after coming to the belief 16
give notice to the registrant that no further action is to be taken about the 17
show cause notice. 18
19
Cancellation
90.(1) This section applies if, after considering the accepted 20
representations for the show cause notice, the board-- 21
(a) still believes the ground exists to cancel the registration; and 22
(b) believes cancellation of the registration is warranted. 23
(2) This section also applies if there are no accepted representations for 24
the show cause notice. 25
(3) The board may decide to cancel the registration. 26
(4) If the board decides to cancel the registration, it must as soon as 27
practicable give the registrant an information notice about the decision. 28
s 91 58 s 93
Pharmacists Registration
(5) The decision takes effect on the day the information notice is given to 1
the registrant. 2
of cancelled certificate of general registration to board 3
Return
91.(1) This section applies if the board decides to cancel a general 4
registration and gives an information notice for the decision to the registrant. 5
(2) The registrant must return the certificate of general registration to the 6
board within 14 days after receiving the information notice, unless the 7
registrant has a reasonable excuse. 8
Maximum penalty for subsection (2)--10 penalty units. 9
Division 7--Reviewing conditions of general registrations 10
1--Review of conditions imposed by the board or District 11
Subdivision
Court 12
of conditions 13
Review
92. Conditions imposed on a general registration under this Act may be 14
reviewed under this division. 15
registrant may start a review 16
How
93.(1) The registrant to whom the conditions relate may apply to the 17
board for a review of the conditions. 18
(2) However, the application must not be made-- 19
(a) during the review period applying to the conditions; or 20
(b) while an appeal to the District Court about the decision to impose 21
the conditions is pending. 22
(3) The application must-- 23
(a) be in the approved form; and 24
(b) be accompanied by the fee prescribed under a regulation. 25
s 94 59 s 95
Pharmacists Registration
(4) The approved form must require the registrant to state-- 1
(a) that the registrant believes the conditions are no longer 2
appropriate; and 3
(b) the reason for the registrant's belief. 4
(5) The board must consider the application and make a decision under 5
section 98. 6
of conditions during review period 7
Review
94.(1) This section applies if, during the review period applying to the 8
conditions, the board reasonably believes the conditions may no longer be 9
appropriate. 10
(2) The board may, with the written agreement of the registrant to whom 11
the conditions relate, review the conditions. 12
powers before making decision 13
Board's
95.(1) Before making its decision under section 98, the board-- 14
(a) may investigate the registrant; and 15
(b) may, by notice given to the registrant, require the registrant to give 16
the board, within a reasonable time of at least 30 days stated in the 17
notice, further information or a document the board reasonably 18
requires to make the decision; and 19
(c) may, by notice given to the registrant, require the registrant to 20
undergo a written, oral or practical examination within a 21
reasonable time of at least 30 days stated in the notice, and at a 22
reasonable place; and 23
(d) may, by notice given to the registrant, require the registrant to 24
undergo a health assessment within a reasonable time of at least 25
30 days stated in the notice, and at a reasonable place. 26
(2) The board may require the information or document mentioned in 27
subsection (1)(b) to be verified by a statutory declaration. 28
(3) Subject to section 98(2), the purpose of an examination under 29
subsection (1)(c) must be to assess the registrant's ability to competently 30
s 96 60 s 97
Pharmacists Registration
and safely practise the profession. 1
(4) Subject to section 98(2), the purpose of an assessment under 2
subsection (1)(d) must be to assess the registrant's mental and physical 3
capacity to competently and safely practise the profession. 4
(5) Also, a notice under subsection (1)(d) must state-- 5
(a) the reason for the assessment; and 6
(b) the name and qualifications of the person appointed by the board 7
to conduct the assessment; and 8
(c) the place where, and the day and time at which, the assessment is 9
to be conducted. 10
of ss 5154 11
Application
96.(1) This section applies if the board believes it is necessary for the 12
registrant to undergo a health assessment under section 95(1)(d). 13
(2) Sections 51 to 5421 apply as if-- 14
(a) an applicant for general registration were the registrant; and 15
(b) the reference in section 51(1) to section 50(1)(d) were a reference 16
to section 95(1)(d). 17
withdrawal of application etc. 18
Deemed
97.(1) Subsections (2) and (3) apply if the conditions are being reviewed 19
because of an application made by the registrant under section 93. 20
(2) The registrant is taken to have withdrawn the application if, within the 21
stated time, the registrant-- 22
(a) does not comply with a requirement under section 95(1)(b); or 23
(b) does not undergo an examination under section 95(1)(c); or 24
(c) does not undergo an assessment under section 95(1)(d). 25
21 Sections 51 (Appointment of appropriately qualified person to conduct health
assessment), 52 (Report about health assessment), 53 (Use of assessment report)
and 54 (Payment for health assessments and reports)
s 98 61 s 98
Pharmacists Registration
(3) A notice under section 95(1)(b), (c) or (d) must be given to the 1
registrant within 60 days after the board receives the application. 2
(4) Subsections (5) and (6) apply if the conditions are being reviewed 3
under section 94. 4
(5) The board is taken to have decided to confirm the conditions if, within 5
the stated time, the registrant-- 6
(a) does not comply with a requirement under section 95(1)(b); or 7
(b) does not undergo an examination under section 95(1)(c); or 8
(c) does not undergo an assessment under section 95(1)(d). 9
(6) A notice under section 95(1)(b), (c) or (d) must be given to the 10
registrant within 60 days after the board agrees with the registrant to review 11
the conditions. 12
13
Decision
98.(1) After reviewing the conditions, the board must decide-- 14
(a) to confirm the conditions; or 15
(b) to remove the conditions; or 16
(c) to change the conditions. 17
(2) In making its decision, the board must consider whether the 18
conditions remain necessary or desirable for the registrant to competently 19
and safely practise the profession. 20
(3) If the board decides to confirm or change the conditions, the 21
conditions may only be confirmed or changed for the reasons the conditions 22
were initially imposed. 23
(4) If the board decides to confirm or change the conditions, it must as 24
soon as practicable-- 25
(a) also decide the review period applying to the confirmed or 26
changed conditions; and 27
(b) give the registrant an information notice about the decisions. 28
(5) If the board decides to remove the conditions, it must as soon as 29
practicable give the registrant notice of the decision. 30
s 99 62 s 100
Pharmacists Registration
decision takes effect 1
When
99.(1) If the board decides to confirm the conditions, the decision takes 2
effect when it is made. 3
(2) If the board decides to change the conditions, the change takes effect 4
when an information notice about the decision is given to the registrant 5
under section 98(4)(b) and does not depend on the certificate of general 6
registration being amended to record the change or a replacement certificate 7
of general registration being issued. 8
(3) If the board decides to remove the conditions, the removal takes effect 9
when notice of the decision is given to the registrant under section 98(5) and 10
does not depend on the certificate of general registration being amended to 11
record the removal or a replacement certificate of general registration being 12
issued. 13
by board to make decision on application 14
Failure
100.(1) Subject to subsections (2) and (3), if the board fails to decide an 15
application under section 9322 within 60 days after its receipt, the failure is 16
taken to be a decision by the board to remove the conditions. 17
(2) Subsection (3) applies if the board has-- 18
(a) under section 95(1)(b), 23 required the applicant to give the board 19
further information or a document; or 20
(b) under section 95(1)(c), required the applicant to undergo an 21
examination; or 22
(c) under section 95(1)(d), required the applicant to undergo a health 23
assessment. 24
(3) The board is taken to have decided to remove the conditions if the 25
board fails to decide the application by the latest of the following days-- 26
(a) the day that is 60 days after the board receives the further 27
information or document; 28
(b) the day that is 60 days after the board receives the results of the 29
22 Section 93 (How registrant may start a review)
23 Section 95 (Board's powers before making decision)
s 101 63 s 101
Pharmacists Registration
examination; 1
(c) the day that is 60 days after the board receives the assessment 2
report. 3
(4) The removal of the conditions under subsection (1) or (3) does not 4
depend on the certificate of general registration being amended to record the 5
removal or a replacement certificate of general registration being issued. 6
by board to make decision on review agreed to under s 94 7
Failure
101.(1) Subject to subsections (2) and (3), if the board fails to make a 8
decision on a review agreed to under section 9424 within 60 days after the 9
agreement, the failure is taken to be a decision by the board to remove the 10
conditions. 11
(2) Subsection (3) applies if the board has-- 12
(a) under section 95(1)(b), required the registrant to give the board 13
further information or a document; or 14
(b) under section 95(1)(c), required the registrant to undergo an 15
examination; or 16
(c) under section 95(1)(d), required the registrant to undergo a health 17
assessment. 18
(3) The board is taken to have decided to remove the conditions if the 19
board fails to make a decision on the review by the latest of the following 20
days-- 21
(a) the day that is 60 days after the board receives the further 22
information or document; 23
(b) the day that is 60 days after the board receives the results of the 24
examination; 25
(c) the day that is 60 days after the board receives the assessment 26
report. 27
(4) The removal of the conditions under subsection (1) or (3) does not 28
depend on the certificate of general registration being amended to record the 29
removal or a replacement certificate of general registration being issued. 30
24 Section 94 (Review of conditions during review period)
s 102 64 s 103
Pharmacists Registration
decision required if certain conditions changed 1
Further
102.(1) This section applies if the conditions were imposed because of 2
the registrant's mental and physical health. 3
(2) If the board decides to change the conditions, it must also decide 4
whether details of the changed conditions must be recorded in the register 5
for the period for which the conditions are in force. 6
(3) The board must decide not to record details of the changed conditions 7
in the register unless it reasonably believes it is in the interests of users of 8
the registrant's services or the public to know the details. 9
2--Recording change, or removal, of conditions 10
Subdivision
of, or replacing, certificates of general registration 11
Amendment
103.(1) This section applies if-- 12
(a) a general registrant receives an information notice, under 13
section 98(4)(b), about decisions relating to a change of the 14
conditions of the registration; or 15
(b) a general registrant receives a notice, under section 98(5), about a 16
decision to remove the conditions of the registration; or 17
(c) the board is taken, under section 100 or 101, to have decided to 18
remove the conditions of a general registration. 19
(2) The registrant must return the certificate of general registration to the 20
board-- 21
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 22
the notice, unless the registrant has a reasonable excuse; or 23
(b) if subsection (1)(c) applies--within 14 days after the day the 24
registrant actually becomes aware of the removal. 25
Maximum penalty--10 penalty units. 26
(3) On receiving the certificate, the board must-- 27
(a) amend the certificate in an appropriate way and return the 28
amended certificate to the registrant; or 29
s 104 65 s 105
Pharmacists Registration
(b) if the board does not consider it practicable to amend the 1
certificate, issue another certificate of general registration to the 2
registrant to replace the certificate returned to the board. 3
8--Special purpose registrations 4
Division
1--Applications for special purpose registration 5
Subdivision
of special activities relating to the profession 6
Undertaking
104. A person may obtain special purpose registration to undertake 1 or 7
more of the following activities (the "special activities") relating to the 8
profession-- 9
(a) study or train at postgraduate level; 10
(b) teach; 11
(c) engage in research; 12
(d) give clinical demonstrations. 13
of divs 2 and 3 14
Application
105.(1) For a person being registered as a special purpose registrant, 15
division 2, other than sections 44 to 46 and 60 to 62, and division 325 apply 16
as if-- 17
(a) an application for general registration were an application for 18
special purpose registration; and 19
(b) an applicant for general registration were an applicant for special 20
purpose registration; and 21
(c) a general registration were a special purpose registration; and 22
(d) a general registrant were a special purpose registrant; and 23
25 Division 2 (Applications for general registration), sections 44 (Eligibility),
45 (When applicant is qualified for general registration), 46 (Fitness to practise
the profession), 60 (Period), 61 (Imposition of conditions by board) and 62
(Contravention of conditions) and division 3 (Provisional general registration)
s 106 66 s 107
Pharmacists Registration
(e) a certificate of general registration were a certificate of special 1
purpose registration; and 2
(f) a provisional general registrant were a provisional special purpose 3
registrant; and 4
(g) a provisional general registration were a provisional special 5
purpose registration; and 6
(h) a certificate of provisional general registration were a certificate of 7
provisional special purpose registration. 8
(2) The approved form for a certificate of special purpose registration, or 9
provisional special purpose registration, must also provide for the inclusion 10
of details of the special activity for which the registrant is registered. 11
12
Eligibility
106. An applicant for special purpose registration is eligible for special 13
purpose registration if the applicant-- 14
(a) has a qualification required for special purpose registration; and 15
(b) is a suitable person to be a special purpose registrant. 16
for special purpose registration 17
Qualifications
107.(1) An applicant for special purpose registration has a qualification 18
required for special purpose registration if the applicant is the holder of a 19
qualification in the profession recognised by the board. 20
(2) In deciding whether to recognise the qualification, the board may have 21
regard to the following-- 22
(a) whether the course leading to the qualification has been accredited 23
by an entity responsible for accrediting courses for the profession; 24
(b) whether the educational institution conferring or awarding the 25
qualification has been accredited by an entity responsible for 26
accrediting institutions to educate persons for the profession; 27
(c) the advice and recommendations of an entity recognised by the 28
board as competent to assess qualifications in the profession. 29
s 108 67 s 110
Pharmacists Registration
to be a special purpose registrant 1
Suitability
108. In deciding whether an applicant for special purpose registration is a 2
suitable person to be a special purpose registrant, the board may have regard 3
to the following-- 4
(a) whether the applicant has been convicted of an indictable offence; 5
(b) whether the applicant has been convicted of an offence against the 6
repealed Act, this Act, the Health Practitioners (Professional 7
Standards) Act 1999 or a corresponding law; 8
(c) if the applicant has been registered under this Act or the repealed 9
Act or is, or has been, registered under a corresponding law and 10
the registration was affected-- 11
(i) by the imposition of a condition--the nature of the condition 12
and the reason for its imposition; or 13
(ii) by its suspension or cancellation--the reason for its 14
suspension or cancellation; or 15
(iii) in another way--the way it was affected and the reason for it 16
being affected; 17
(d) any other issue relevant to the applicant's ability to undertake the 18
special activity the subject of the application. 19
of special purpose registration 20
Period
109. If the board decides to register the applicant as a special purpose 21
registrant, the registration remains in force for the period, not more than 22
1 year, decided by the board when deciding to register the applicant as a 23
special purpose registrant. 24
of conditions by board 25
Imposition
110.(1) The board may decide to register the applicant as a special 26
purpose registrant on conditions the board considers necessary or desirable 27
for the applicant to competently and safely undertake the special activity the 28
subject of the application. 29
(2) If the board decides to register the applicant as a special purpose 30
s 111 68 s 112
Pharmacists Registration
registrant on conditions, it must as soon as practicable give the applicant an 1
information notice about the decision. 2
of conditions 3
Contravention
111. A special purpose registrant must not contravene a condition of the 4
registration imposed under this Act. 5
Maximum penalty--100 penalty units. 6
Subdivision 2--Renewal of special purpose registrations 7
of div 4, sdivs 2 and 3 8
Application
112. For renewing a special purpose registration, division 4, 9
subdivisions 2 and 3, other than sections 74(5)(a) and 79(3)26 and the 10
provisions to the extent to which they relate to recency of practice 11
requirements, apply as if-- 12
(a) an application for the renewal of a general registration were an 13
application for the renewal of a special purpose registration; and 14
(b) an applicant for the renewal of a general registration were an 15
applicant for the renewal of a special purpose registration; and 16
(c) an applicant's general registration were an applicant's special 17
purpose registration; and 18
(d) a general registrant were a special purpose registrant; and 19
(e) a certificate of general registration were a certificate of special 20
purpose registration. 21
26 Division 4 (Renewal of general registrations), subdivisions 2 (Applications for
renewal of general registrations) and 3 (Decision on applications),
sections 74 (Procedural requirements for applications) and 79 (Steps to be taken
after application decided)
s 113 69 s 116
Pharmacists Registration
that may be considered in deciding whether to renew special 1
Matters
purpose registrations 2
113. In deciding whether to renew a special purpose registration, the 3
board may have regard to the matters to which the board may have regard in 4
deciding whether a proposed special purpose registrant is a suitable person 5
to be a special purpose registrant.27 6
of conditions by board 7
Imposition
114.(1) The board may decide to renew a special purpose registration on 8
conditions the board considers necessary or desirable for the registrant to 9
competently and safely undertake the special activity the subject of the 10
registration. 11
(2) If the board decides to renew a special purpose registration on 12
conditions, it must as soon as practicable give the registrant an information 13
notice about the decision. 14
(3) To remove doubt, it is declared that any conditions attaching to the 15
registration immediately before its renewal do not continue to apply to the 16
registration on its renewal. 17
of renewed special purpose registration 18
Period
115. If the board decides to renew a special purpose registration, the 19
registration remains in force for the period, not more than 1 year, decided by 20
the board when deciding to renew the registration. 21
Subdivision 3--Cancellation of special purpose registrations 22
of div 6 23
Application
116. For cancelling a special purpose registration, division 6, other than 24
27 See section 108 (Suitability to be a special purpose registrant) for a list of the
matters.
s 117 70 s 118
Pharmacists Registration
section 86, applies as if28-- 1
(a) a general registration were a special purpose registration; and 2
(b) a certificate of general registration were a certificate of special 3
purpose registration. 4
for cancellation 5
Grounds
117. Each of the following is a ground for cancelling a special purpose 6
registration-- 7
(a) the registrant has practised the profession other than for the 8
special activity for which the registrant is registered; 9
(b) the registrant has been convicted of an indictable offence; 10
(c) the registrant has been convicted of an offence against this Act, 11
the Health Practitioners (Professional Standards) Act 1999 or a 12
corresponding law; 13
(d) the registrant has contravened a condition of the registration; 14
(e) the registrant was registered because of a materially false or 15
misleading representation or declaration. 16
4--Removal of conditions 17
Subdivision
18
Removal
118.(1) This section applies if the board reasonably believes the 19
conditions imposed on a special purpose registration under this Act are no 20
longer appropriate. 21
(2) The board must decide to remove the conditions. 22
(3) The board must give the registrant notice of the decision as soon as 23
practicable after it is made. 24
(4) The registrant must return the certificate of special purpose 25
28 Division 6 (Cancellation of general registrations)
Section 86 (Ground for cancellation)
s 119 71 s 120
Pharmacists Registration
registration to the board within 14 days after receiving the notice, unless the 1
registrant has a reasonable excuse. 2
Maximum penalty--10 penalty units. 3
(5) On receiving the certificate, the board must-- 4
(a) amend the certificate in an appropriate way and return the 5
amended certificate to the registrant; or 6
(b) if the board does not consider it practicable to amend the 7
certificate--issue another certificate of special purpose registration 8
to the registrant to replace the certificate returned to the board. 9
(6) The removal takes effect when notice of the decision is given to the 10
registrant and does not depend on the certificate of special purpose 11
registration being amended to record the removal or a replacement certificate 12
of special purpose registration being issued. 13
Division 9--General provisions about registrations 14
is taken to be registered under this part 15
Person
119.(1) This section applies if, under this Act, an entity decides to-- 16
(a) register a person; or 17
(b) restore a person's registration. 18
(2) The person is taken to be registered under this part. 19
of registrations 20
Surrender
120.(1) A registrant may surrender the registration by notice given to the 21
board. 22
(2) The surrender takes effect-- 23
(a) on the day the notice is given to the board; or 24
(b) if a later day of effect is stated in the notice, on the later day. 25
(3) The registrant must return the certificate of registration to the board 26
within 14 days after the day the surrender takes effect, unless the registrant 27
s 121 72 s 123
Pharmacists Registration
has a reasonable excuse. 1
Maximum penalty for subsection (3)--10 penalty units. 2
of certificates of registration 3
Replacement
121.(1) A registrant may apply to the board for the replacement of the 4
certificate of registration if it has been lost, stolen, destroyed or damaged. 5
(2) The board must consider the application and decide to grant, or refuse 6
to grant, the application. 7
(3) The board must decide to grant the application if it is satisfied the 8
certificate has been lost, stolen or destroyed, or damaged in a way to require 9
its replacement. 10
(4) If the board decides to grant the application, it must on payment of the 11
fee prescribed under a regulation-- 12
(a) replace the lost, stolen, destroyed or damaged certificate with 13
another certificate of registration; and 14
(b) give the replacement certificate of registration to the applicant. 15
(5) If the board decides to refuse to grant the application, it must as soon 16
as practicable give the applicant an information notice about the decision. 17
copy of certificates of registration 18
Certified
122. A registrant may, on payment of the fee prescribed under a 19
regulation, obtain from the board a certified copy of the certificate of 20
registration. 21
of change in circumstances 22
Notification
123. A registrant must, within 21 days after the happening of a change in 23
the registrant's circumstances prescribed under a regulation, advise the 24
board of the change. 25
Maximum penalty--10 penalty units. 26
s 124 73 s 124
Pharmacists Registration
of certain events to interstate regulatory authorities and 1
Notification
other entities 2
124.(1) This section applies if-- 3
(a) a person's general registration or special purpose registration is 4
cancelled under this Act; or 5
(b) conditions are imposed, under this Act, on a person's general 6
registration or special purpose registration; or 7
(c) conditions on a person's general registration or special purpose 8
registration are removed under this Act. 9
(2) As soon as practicable after an event mentioned in subsection (1) 10
happens, the board must give notice about the event to each interstate 11
regulatory authority with which the board is aware the person is registered. 12
(3) Also, the board may give notice about the event to any of the 13
following-- 14
(a) the chief executive; 15
(b) other State regulatory authorities; 16
(c) foreign regulatory authorities; 17
(d) professional colleges of which the person is eligible to be a 18
member; 19
(e) professional associations of which the person is eligible to be a 20
member; 21
(f) an employer of the person; 22
(g) the Health Insurance Commission; 23
(h) the Health Rights Commissioner; 24
(i) the Minister; 25
(j) another entity having a connection with the person's practice as a 26
general or special purpose registrant. 27
(4) However, the board must not give a notice about the event to an entity 28
under subsection (3) unless the board reasonably believes-- 29
(a) the entity needs to know about the event; and 30
(b) giving the entity notice about the event will assist in achieving the 31
s 125 74 s 125
Pharmacists Registration
objects of this Act. 1
(5) A notice under this section may include the information the board 2
considers appropriate in the circumstances. 3
(6) In this section-- 4
"impose", a condition, does not include confirm the condition. 5
"State regulatory authorities" means boards established under the health 6
practitioner registration Acts. 7
ART 4--OBLIGATIONS OF REGISTRANTS AND 8
P
OTHER PERSONS 9
1--Restricted titles and holding out 10
Division
of restricted titles etc. 11
Taking
125.(1) A person who is not a registrant must not take or use a restricted 12
title. 13
Maximum penalty--1 000 penalty units. 14
15
Example of an individual taking or using a restricted title--
16
AB describes himself or herself as `AB, pharmacist'.
17
Examples of a corporation taking or using a restricted title--
18
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, pharmacists'.
19
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply if-- 20
(a) the title is taken or used as part of a business name for a business 21
providing professional services; and 22
(b) in the carrying on of the business by the person, a registrant 23
provides professional services. 24
(3) Also, subsection (1) does not apply if-- 25
s 125 75 s 125
Pharmacists Registration
(a) the person is undertaking study or training in the practice of the 1
profession to obtain a qualification for registration; and 2
(b) the person takes or uses the title, in the course of the study or 3
training, in conjunction with words that indicate the person is a 4
student or trainee in the profession. 5
(4) A person (the "first person") must not, in relation to another person 6
who the first person knows or ought reasonably to know is not a registrant, 7
use a restricted title. 8
Maximum penalty--1 000 penalty units. 9
(5) Subsection (4) does not apply if-- 10
(a) the other person is undertaking study or training in the practice of 11
the profession to obtain a qualification for registration; and 12
(b) the first person uses the title in relation to the other person, in the 13
course of the study or training, in conjunction with words that 14
indicate the other person is a student or trainee in the profession. 15
(6) A person who is not a registrant must not take or use a title (other 16
than a restricted title), name, initial, symbol, word or description that, having 17
regard to the circumstances in which it is taken or used, indicates or could 18
be reasonably understood to indicate-- 19
(a) the person is a pharmacist; or 20
(b) the person is authorised or qualified to practise the profession. 21
Maximum penalty--500 penalty units. 22
(7) A person (the "first person") must not, in relation to another person 23
who the first person knows or ought reasonably to know is not a registrant, 24
use a title (other than a restricted title), name, initial, symbol, word or 25
description that, having regard to the circumstances in which it is used, 26
indicates or could be reasonably understood to indicate-- 27
(a) the other person is a pharmacist; or 28
(b) the other person is authorised or qualified to practise the 29
profession. 30
Maximum penalty--500 penalty units. 31
(8) However, a person does not commit an offence against this section if 32
s 126 76 s 128
Pharmacists Registration
the person takes or uses a restricted title other than for the purpose of 1
providing a health service. 2
3
Example for subsection (8)--
4
A person using the title `industrial chemist', and not providing a health service,
5
would not commit an offence against this section.
by persons as to registration 6
Claims
126. A person who is not a registrant must not-- 7
(a) claim, or hold himself or herself out, to be registered under this 8
Act; or 9
(b) allow himself or herself to be held out as being registered under 10
this Act; or 11
(c) claim, or hold himself or herself out, to be eligible to be registered 12
under this Act. 13
Maximum penalty--1 000 penalty units. 14
by persons as to other persons' registration 15
Claims
127. A person must not hold out another person as being registered 16
under this Act if the person knows, or ought reasonably to know, the other 17
person is not registered under this Act. 18
Maximum penalty--1 000 penalty units. 19
20
Example--
21
A person carrying on a business providing professional services must not hold out
22
that an employee of the person is registered under this Act if the person knows the
23
employee is not registered under this Act.
on special purpose registrants, provisional general 24
Restrictions
registrants and provisional special purpose registrants 25
128.(1) A person who is a special purpose registrant or provisional 26
special purpose registrant must not-- 27
(a) claim, or hold himself or herself out, to be a general registrant or 28
provisional general registrant; or 29
s 129 77 s 129
Pharmacists Registration
(b) allow himself or herself to be held out as being a general 1
registrant or provisional general registrant; or 2
(c) claim, or hold himself or herself out, to be eligible to be a general 3
registrant or provisional general registrant. 4
Maximum penalty--100 penalty units. 5
(2) A person who is a provisional general registrant must not-- 6
(a) claim, or hold himself or herself out, to be a general registrant; or 7
(b) allow himself or herself to be held out as being a general 8
registrant; or 9
(c) claim, or hold himself or herself out, to be eligible to be a general 10
registrant. 11
Maximum penalty--100 penalty units. 12
(3) A person who is a provisional special purpose registrant must not-- 13
(a) claim, or hold himself or herself out, to be a special purpose 14
registrant; or 15
(b) allow himself or herself to be held out as being a special purpose 16
registrant; or 17
(c) claim, or hold himself or herself out, to be eligible to be a special 18
purpose registrant. 19
Maximum penalty--100 penalty units. 20
on registrants registered on conditions 21
Restrictions
129. A registrant who is registered on conditions must not-- 22
(a) claim, or hold himself or herself out, to be registered without the 23
conditions or any conditions; or 24
(b) allow himself or herself to be held out as being registered without 25
the conditions or any conditions. 26
Maximum penalty--100 penalty units. 27
s 130 78 s 131
Pharmacists Registration
Division 2--Notification of business names and other details 1
of business names etc. 2
Notification
130.(1) A registrant must, before carrying on a business providing 3
professional services under a business name other than the registrant's own 4
name, give the board notice of the business name. 5
Maximum penalty--10 penalty units. 6
(2) Subsection (1) applies whether or not the business name is registered 7
under the Business Names Act 1962. 8
(3) A corporation must, before carrying on a business providing 9
professional services, give the board notice of-- 10
(a) the business name of the business (whether or not the name is 11
registered under the Business Names Act 1962); and 12
(b) the name and principal address of the corporation; and 13
(c) the names and addresses of-- 14
(i) if the corporation is a corporation under the Corporations 15
Law--the directors of the corporation; or 16
(ii) if the corporation is not a corporation under the Corporations 17
Law--the members of the governing body of the 18
corporation. 19
Maximum penalty for subsection (3)--50 penalty units. 20
of change in business names etc. 21
Notification
131.(1) This section applies if-- 22
(a) a person has given the board a notice under section 130; and 23
(b) there is a change in the information contained in the notice. 24
(2) The person must, within 14 days after the happening of the change, 25
give the board notice of the change. 26
Maximum penalty--10 penalty units. 27
(3) The person does not commit an offence against section 130 during 28
s 132 79 s 132
Pharmacists Registration
the period of 14 days after the happening of the change if the person 1
complies with subsection (2). 2
Division 3--Advertising 3
of advertisers 4
Obligations
132.(1) A person must not advertise a professional service, or a business 5
providing professional services, in a way that-- 6
(a) is false, misleading or deceptive or is likely to be misleading or 7
deceptive; or 8
9
Example for paragraph (a)--
10
An advertisement that contains a false claim about the beneficial
11
outcome of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 12
use the service or the business, unless the advertisement also 13
states the terms of the offer; or 14
(c) refers to, uses or cites actual or purported endorsements or 15
testimonials about the service or business, or a registrant; or 16
(d) is disparaging of-- 17
(i) a professional service provided by another person; or 18
(ii) a business providing professional services; or 19
(iii) a registrant. 20
Maximum penalty--200 penalty units. 21
(2) A person must not advertise a professional service that the person 22
knows or ought reasonably know will, or is likely to, harm a person to 23
whom it is provided. 24
Maximum penalty--200 penalty units. 25
(3) A person must not advertise a registrant's expertise in a field of 26
practice of the profession unless the registrant has the skills, knowledge, 27
training or qualifications necessary to practise in the field. 28
Maximum penalty--200 penalty units. 29
s 133 80 s 134
Pharmacists Registration
(4) A printer or publisher does not commit an offence against 1
subsection (1), (2) or (3) merely by, as part of his or her business, printing 2
or publishing an advertisement for another person. 3
to appear in advertisements 4
Information
133.(1) A person must not advertise a professional service, or a business 5
providing professional services, unless-- 6
(a) if a registrant provides the service, or carries on the business, 7
under a business name that is the registrant's own name--the 8
registrant's name is stated in the advertisement; or 9
(b) otherwise--the business name notified to the board under 10
section 130(1) or (3) is stated in the advertisement. 11
Maximum penalty--50 penalty units. 12
(2) A printer or publisher does not commit an offence against 13
subsection (1) merely by, as part of his or her business, printing or 14
publishing an advertisement for another person. 15
4--Registrants' autonomy 16
Division
abetting etc. conduct that is a ground for disciplinary action 17
Aiding,
134.(1) A person must not aid, abet, counsel, procure or induce a 18
registrant to engage in conduct that the person is aware, or ought reasonably 19
be aware, is conduct forming the basis for a ground for disciplinary action 20
against a registrant mentioned in the Health Practitioners (Professional 21
Standards) Act 1999, section 124(1).29 22
Maximum penalty--1 000 penalty units. 23
(2) To remove doubt, it is declared that a registrant may be induced by 24
threats or promises. 25
29 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
s 135 81 s 135
Pharmacists Registration
5--Court orders and injunctions 1
Division
may be prohibited from supplying health services etc. 2
Persons
135.(1) This section applies if a person is convicted of an offence against 3
section 125, 126, 127, 132(1)(a), (2) or (3), 134(1) or 138.30 4
(2) The court sentencing the person for the offence may, on its own 5
initiative or the application of the prosecutor, make an order under 6
subsection (3) or (5). 7
(3) The court may make an order, applying for a period decided by the 8
court-- 9
(a) prohibiting the person from providing, or carrying on or 10
managing a business providing, a health service; or 11
(b) prohibiting the person from having a financial interest in a 12
business providing a health service; or 13
(c) if the person is a corporation, prohibiting an executive officer of 14
the corporation, who was in a position to influence the conduct of 15
the corporation in relation to the offence, from managing a 16
corporation that carries on a business providing a health service. 17
(4) For subsection (3)(c), a person manages a corporation if the person is 18
a director, or is in any way concerned in or takes part in the management of, 19
the corporation. 20
(5) Also, the court may make an order, applying for a period decided by 21
the court-- 22
(a) prohibiting the person from entering into commercial 23
arrangements with a person who provides, carries on or manages 24
a business providing, a health service; or 25
(b) if the person is a corporation, prohibiting an executive officer of 26
the corporation, who was in a position to influence the conduct of 27
the corporation in relation to the offence, from entering into 28
30 Section 125 (Taking of restricted titles etc.), 126 (Claims by persons as to
registration), 127 (Claims by persons as to other persons' registration),
132 (Obligations of advertisers), 134 (Aiding, abetting etc. conduct that is a
ground for disciplinary action) or 138 (Offence for taking reprisal)
s 136 82 s 136
Pharmacists Registration
commercial arrangements with a person who provides, carries on 1
or manages a business providing, a health service. 2
(6) An order under subsection (3) or (5) may apply generally or be 3
limited in its application by reference to specified conditions, exceptions or 4
factors. 5
(7) A reference in subsection (5) to a person entering into commercial 6
arrangements includes the entering into commercial arrangements on behalf 7
of another person. 8
(8) A person must not contravene an order under subsection (3) or (5). 9
Maximum penalty for subsection (8)--1 000 penalty units. 10
njunctions 11
I
136.(1) This section applies if-- 12
(a) a person (the "offending party")-- 13
(i) has engaged, is engaging or is proposing to engage in 14
conduct; or 15
(ii) has failed, is failing or is proposing to fail to do anything; 16
and 17
(b) the conduct or failure constituted, constitutes or would constitute a 18
contravention of section 125, 126, 127, 132(1)(a), (2) or (3) 19
or 134(1). 20
(2) Application may be made to the court under this section for an 21
injunction in relation to the conduct or failure. 22
(3) The application may be made by the board or a person authorised in 23
writing by the board. 24
(4) The court may grant an interim injunction under this section until the 25
application is finally decided. 26
(5) On considering the application for the injunction, the court may-- 27
(a) in a case to which subsection (1)(a)(i) applies--grant an 28
injunction restraining the offending party from engaging in the 29
conduct concerned and, if in the court's opinion it is desirable to 30
do so, requiring the offending party to do anything; or 31
s 136 83 s 136
Pharmacists Registration
(b) in a case to which subsection (1)(a)(ii) applies--grant an 1
injunction requiring the offending party to do the thing concerned. 2
(6) The court may grant the injunction-- 3
(a) if the court is satisfied that the offending party has engaged in the 4
conduct, or failed to do the thing, mentioned in subsection (1), 5
whether or not it appears to the court that the offending party 6
intends-- 7
(i) to engage again, or continue to engage, in the conduct; or 8
(ii) to again fail, or continue to fail, to do the thing; or 9
(b) if it appears to the court that, if the injunction is not granted, it is 10
likely that the offending party will engage in the conduct, or fail to 11
do the thing, mentioned in subsection (1), whether or not the 12
offending party has previously engaged in the conduct or failed to 13
do the thing. 14
(7) The court may grant the injunction on the terms the court considers 15
appropriate. 16
(8) Also, the court may grant an injunction requiring the offending party 17
to take stated action (including action to disclose information or publish 18
advertisements) to remedy any adverse effects of the offending party's 19
conduct or failure. 20
(9) The court may discharge an injunction granted under this section at 21
any time. 22
(10) The powers conferred on the court by this section are in addition to, 23
and do not limit, any other powers of the court. 24
(11) In this section-- 25
"court" means-- 26
(a) if proceedings for an offence relating to the conduct or failure are 27
pending in a Magistrates Court--the Magistrates Court; or 28
(b) in any case--the District Court. 29
s 137 84 s 139
Pharmacists Registration
Division 6--Reprisals 1
and grounds for reprisals 2
Reprisal
137.(1) A person must not cause, or attempt or conspire to cause, 3
detriment to another person because, or in the belief that-- 4
(a) anybody has given, or may give, information or assistance to the 5
board or an inspector about a person's alleged contravention of 6
division 1 or section 132(1)(a), (2) or (3) or 134(1);31 or 7
(b) anybody has given, or may give, evidence to the court in 8
proceedings for an offence against division 1 or section 132(1)(a), 9
(2) or (3) or 134(1). 10
(2) An attempt to cause detriment includes an attempt to induce a person 11
to cause detriment. 12
(3) A contravention of subsection (1) is a reprisal or the taking of a 13
reprisal. 14
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 15
the unlawful ground for the reprisal. 16
(5) For the contravention mentioned in subsection (3) to happen, it is 17
sufficient if the unlawful ground is a substantial ground for the act or 18
omission that is the reprisal, even if there is another ground for the act or 19
omission. 20
for taking reprisal 21
Offence
138. A person who takes a reprisal commits an offence. 22
Maximum penalty--167 penalty units or 2 years imprisonment. 23
entitlement for reprisal 24
Damages
139.(1) A reprisal is a tort and a person who takes a reprisal is liable in 25
damages to any person who suffers detriment as a result. 26
31 Division 1 (Restricted titles and holding out), section 132 (Obligations of
advertisers) or 134 (Aiding, abetting etc. conduct that is a ground for disciplinary
action)
s 140 85 s 141
Pharmacists Registration
(2) Any appropriate remedy that may be granted by a court for a tort may 1
be granted by a court for the taking of a reprisal. 2
(3) If the claim for damages goes to trial in the Supreme Court or the 3
District Court, it must be decided by a judge sitting without a jury. 4
7--Other provisions 5
Division
or acceptance of payment, for referrals prohibited 6
Payment,
140.(1) This section applies to a registrant, or a person carrying on a 7
business providing professional services, (the "service provider"). 8
(2) The service provider must not, directly or indirectly, pay an amount 9
or give another benefit, or attempt to pay an amount or give another benefit, 10
to a person in return for the person referring another person to the service 11
provider or service provider's business. 12
Maximum penalty--200 penalty units. 13
(3) The service provider must not, directly or indirectly, accept payment 14
or another benefit for referring a user of the professional services provided 15
by the service provider, or service provider's business, to a person 16
providing, or carrying on a business providing, a health service. 17
Maximum penalty for subsection (3)--200 penalty units. 18
providing professional services to be carried on under 19
Business
supervision of registrant 20
141.(1) A person who owns a business providing professional services 21
(a "pharmacy business") that is not carried on under the personal 22
supervision and management of a registrant commits an offence against this 23
Act. 24
Maximum penalty--50 penalty units. 25
(2) For the purposes of subsection (1), a pharmacy business is not 26
carried on under the personal supervision and management of a registrant 27
unless the registrant is personally present in the premises at which the 28
business is carried out at all times when the premises are open for business, 29
other than for a period of not more than 1 hour in a day or another period 30
s 142 86 s 145
Pharmacists Registration
approved by the board. 1
(3) In deciding under subsection (2) whether to approve another period, 2
the board must have regard to the needs of users of the professional services 3
provided by the pharmacy business. 4
PART 5--INVESTIGATION AND ENFORCEMENT 5
Division 1--Inspectors 6
of inspectors 7
Functions
142. An inspector has the function of conducting investigations and 8
inspections to enforce compliance with this Act. 9
of inspectors 10
Powers
143. For this Act, an inspector has the powers given to the person under 11
this Act. 12
on powers of inspectors 13
Limitation
144. The powers of an inspector may be limited under a condition of 14
appointment. 15
2--Appointment of inspectors and other matters 16
Division
ppointments 17
A
145. The board may appoint the following persons as an inspector-- 18
(a) a member; 19
(b) the executive officer; 20
(c) if the executive officer has agreed to the appointment, a member 21
of the office's staff the board considers has the necessary 22
s 146 87 s 147
Pharmacists Registration
expertise or experience to be an inspector; 1
(d) another person the board considers has the necessary expertise or 2
experience to be an inspector. 3
conditions 4
Appointment
146.(1) An inspector holds office on the conditions stated in the 5
instrument of appointment. 6
(2) An inspector ceases holding office-- 7
(a) if the appointment provides for a term of appointment--at the end 8
of the term; or 9
(b) if the conditions of appointment provide--on ceasing to hold 10
another office (the "main office") stated in the appointment 11
conditions. 12
(3) An inspector may resign by signed notice of resignation given to the 13
board. 14
(4) However, an inspector may not resign from the office of inspector 15
(the "secondary office") if a condition of the inspector's employment to the 16
main office requires the inspector to hold the secondary office. 17
cards 18
Identity
147.(1) The board must give an identity card to each inspector. 19
(2) The identity card must-- 20
(a) contain a recent photograph of the inspector; and 21
(b) be signed by the inspector; and 22
(c) identify the person as an inspector for this Act; and 23
(d) include an expiry date for the card. 24
(3) This section does not prevent the issue of a single identity card to a 25
person for this Act and other Acts. 26
s 148 88 s 150
Pharmacists Registration
to return identity card 1
Failure
148. A person who ceases to be an inspector must return the person's 2
identity card to the chairperson within 7 days after the person ceases to be an 3
inspector, unless the person has a reasonable excuse. 4
Maximum penalty--10 penalty units. 5
or display of inspector's identity card 6
Production
149.(1) An inspector may exercise a power in relation to someone else 7
(the "other person") only if the inspector-- 8
(a) first produces the inspector's identity card for the other person's 9
inspection; or 10
(b) has the identity card displayed so it is clearly visible to the other 11
person. 12
(2) However, if for any reason it is not practicable to comply with 13
subsection (1) before exercising the power, the inspector must produce the 14
identity card for the other person's inspection at the first reasonable 15
opportunity. 16
3--Powers of inspectors 17
Division
1--Entry of places 18
Subdivision
to enter places 19
Power
150.(1) An inspector may enter a place if-- 20
(a) its occupier consents to the entry; or 21
(b) it is a public place and the entry is made when the place is open to 22
the public; or 23
(c) the entry is authorised by a warrant. 24
(2) For the purpose of asking the occupier of a place for consent to enter, 25
an inspector may, without the occupier's consent or a warrant-- 26
(a) enter land around premises at the place to an extent that is 27
s 151 89 s 151
Pharmacists Registration
reasonable to contact the occupier; or 1
(b) enter part of the place the inspector reasonably considers 2
members of the public ordinarily are allowed to enter when they 3
wish to contact the occupier. 4
2--Procedure for entry 5
Subdivision
with consent 6
Entry
151.(1) This section applies if an inspector intends to ask an occupier of a 7
place to consent to the inspector or another inspector entering the place 8
under section 150(1)(a). 9
(2) Before asking for the consent, the inspector must tell the occupier-- 10
(a) the purpose of the entry; and 11
(b) that the occupier is not required to consent. 12
(3) If the consent is given, the inspector may ask the occupier to sign an 13
acknowledgment of the consent. 14
(4) The acknowledgment must state-- 15
(a) the occupier has been told-- 16
(i) the purpose of the entry; and 17
(ii) that the occupier is not required to consent; and 18
(b) the purpose of the entry; and 19
(c) the occupier gives the inspector consent to enter the place and 20
exercise powers under this part; and 21
(d) the time and date the consent was given. 22
(5) If the occupier signs the acknowledgment, the inspector must 23
immediately give a copy to the occupier. 24
(6) A court must find the occupier of a place did not consent to an 25
inspector entering the place under this part if-- 26
(a) an issue arises in a proceeding before the court whether the 27
occupier of the place consented to the entry under 28
section 150(1)(a); and 29
s 152 90 s 153
Pharmacists Registration
(b) an acknowledgment mentioned in subsection (4) is not produced 1
in evidence for the entry; and 2
(c) it is not proved by the person relying on the lawfulness of the 3
entry that the occupier consented to the entry. 4
for warrant 5
Application
152.(1) An inspector may apply to a magistrate for a warrant for a place. 6
(2) The application must be sworn and state the grounds on which the 7
warrant is sought. 8
(3) The magistrate may refuse to consider the application until the 9
inspector gives the magistrate all the information the magistrate requires 10
about the application in the way the magistrate requires. 11
12
Example--
13
The magistrate may require additional information supporting the application to be
14
given by statutory declaration.
of warrant 15
Issue
153.(1) The magistrate may issue a warrant only if the magistrate is 16
satisfied there are reasonable grounds for suspecting-- 17
(a) there is a particular thing or activity (the "evidence") that may 18
provide evidence of an offence against this Act; and 19
(b) the evidence is at the place, or may be at the place within the next 20
7 days. 21
(2) The warrant must state-- 22
(a) that a stated inspector may, with necessary and reasonable help 23
and force-- 24
(i) enter the place and any other place necessary for entry; and 25
(ii) exercise the inspector's powers under this part; and 26
(b) the offence for which the warrant is sought; and 27
(c) the evidence that may be seized under the warrant; and 28
(d) the hours of the day or night when the place may be entered; and 29
s 154 91 s 154
Pharmacists Registration
(e) the date, within 14 days after the warrant's issue, the warrant 1
ends. 2
warrants 3
Special
154.(1) An inspector may apply for a warrant (a "special warrant") by 4
phone, fax, radio or another form of communication if the inspector 5
considers it necessary because of-- 6
(a) urgent circumstances; or 7
(b) other special circumstances, including, for example, the 8
inspector's remote location. 9
(2) Before applying for the special warrant, the inspector must prepare an 10
application stating the grounds on which the warrant is sought. 11
(3) The inspector may apply for the special warrant before the application 12
is sworn. 13
(4) After issuing the special warrant, the magistrate must immediately 14
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 15
practicable to fax the copy. 16
(5) If it is not reasonably practicable to fax a copy to the inspector-- 17
(a) the magistrate must tell the inspector-- 18
(i) what the terms of the special warrant are; and 19
(ii) the date and time the special warrant was issued; and 20
(b) the inspector must complete a form of warrant (a "warrant 21
form") and write on it-- 22
(i) the magistrate's name; and 23
(ii) the date and time the magistrate issued the special warrant; 24
and 25
(iii) the terms of the special warrant. 26
(6) The facsimile warrant, or the warrant form properly completed by the 27
inspector, authorises the entry and the exercise of the other powers stated in 28
the special warrant issued. 29
(7) The inspector must, at the first reasonable opportunity, send to the 30
s 155 92 s 155
Pharmacists Registration
magistrate-- 1
(a) the sworn application; and 2
(b) if the inspector completed a warrant form, the completed warrant 3
form. 4
(8) On receiving the documents, the magistrate must attach them to the 5
special warrant. 6
(9) A court must find the exercise of the power by an inspector was not 7
authorised by a special warrant if-- 8
(a) an issue arises in a proceeding before the court whether the 9
exercise of the power was authorised by a special warrant 10
mentioned in subsection (1); and 11
(b) the special warrant is not produced in evidence; and 12
(c) it is not proved by the person relying on the lawfulness of the 13
entry that the inspector obtained the special warrant. 14
before entry 15
Warrants--procedure
155.(1) This section applies if an inspector named in a warrant issued 16
under this part for a place is intending to enter the place under the warrant. 17
(2) Before entering the place, the inspector must do or make a reasonable 18
attempt to do the following things-- 19
(a) identify himself or herself to a person present at the place who is 20
an occupier of the place by producing a copy of the inspector's 21
identity card or other document evidencing the inspector's 22
appointment; 23
(b) give the person a copy of the warrant or, if the entry is authorised 24
by a facsimile warrant or warrant form mentioned in 25
section 154(6), a copy of the facsimile warrant or warrant form; 26
(c) tell the person the inspector is permitted by the warrant to enter 27
the place; 28
(d) give the person an opportunity to allow the inspector immediate 29
entry to the place without using force. 30
(3) However, the inspector need not comply with subsection (2) if the 31
s 156 93 s 156
Pharmacists Registration
inspector believes on reasonable grounds that immediate entry to the place is 1
required to ensure the effective execution of the warrant is not frustrated. 2
Subdivision 3--Powers after entry 3
powers after entering places 4
General
156.(1) This section applies to an inspector who enters a place. 5
(2) However, if an inspector enters a place to get the occupier's consent 6
to enter premises, this section applies to the inspector only if the consent is 7
given or the entry is otherwise authorised. 8
(3) For enforcing compliance with this Act, the inspector may-- 9
(a) search any part of the place; or 10
(b) inspect, measure, test, photograph or film any part of the place or 11
anything at the place; or 12
(c) take a thing, or a sample of or from a thing, for analysis or 13
testing; or 14
(d) take an extract from, or copy, a document at the place; or 15
(e) take into or onto the place any person, equipment and materials 16
the inspector reasonably requires for exercising a power under 17
this part; or 18
(f) require the occupier of the place, or a person at the place, to give 19
the inspector reasonable help to exercise the inspector's powers 20
under paragraphs (a) to (e); or 21
(g) require the occupier of the place, or a person at the place, to give 22
the inspector information to help the inspector ascertain whether 23
this Act is being complied with. 24
(4) When making a requirement mentioned in subsection (3)(f) or (g), 25
the inspector must warn the person it is an offence to fail to comply with the 26
requirement, unless the person has a reasonable excuse. 27
s 157 94 s 160
Pharmacists Registration
to help inspector 1
Failure
157.(1) A person required to give reasonable help under section 156(3)(f) 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--50 penalty units. 5
(2) If an individual is required under section 156(3)(f) to give 6
information, or produce a document, it is a reasonable excuse for the 7
individual not to comply with the requirement that complying with the 8
requirement might tend to incriminate the individual. 9
to give information 10
Failure
158.(1) A person of whom a requirement is made under 11
section 156(3)(g) must comply with the requirement, unless the person has 12
a reasonable excuse. 13
Maximum penalty--50 penalty units. 14
(2) It is a reasonable excuse for an individual not to comply with the 15
requirement that complying with the requirement might tend to incriminate 16
the individual. 17
4--Power to seize evidence 18
Subdivision
evidence at a place that may be entered without consent or 19
Seizing
warrant 20
159. An inspector who enters a place that may be entered under this 21
division without the consent of the occupier and without a warrant, may 22
seize a thing at the place if the inspector reasonably believes the thing is 23
evidence of an offence against this Act. 24
evidence at a place that may only be entered with consent or 25
Seizing
warrant 26
160.(1) This section applies if-- 27
(a) an inspector is authorised to enter a place under this division only 28
s 161 95 s 161
Pharmacists Registration
with the consent of the occupier of the place or a warrant; and 1
(b) the inspector enters the place after obtaining the necessary consent 2
or warrant. 3
(2) If the inspector enters the place with the occupier's consent, the 4
inspector may seize a thing at the place if-- 5
(a) the inspector reasonably believes the thing is evidence of an 6
offence against this Act; and 7
(b) seizure of the thing is consistent with the purpose of entry as told 8
to the occupier when asking for the occupier's consent. 9
(3) If the inspector enters the place with a warrant, the inspector may 10
seize the evidence for which the warrant was issued. 11
(4) The inspector also may seize anything else at the place if the inspector 12
reasonably believes-- 13
(a) the thing is evidence of an offence against this Act; and 14
(b) the seizure is necessary to prevent the thing being-- 15
(i) hidden, lost or destroyed; or 16
(ii) used to continue, or repeat, the offence. 17
(5) Also, the inspector may seize a thing at the place if the inspector 18
reasonably believes it has just been used in committing an offence against 19
this Act. 20
seized things 21
Securing
161. Having seized a thing, an inspector may-- 22
(a) move the thing from the place where it was seized (the "place of 23
seizure"); or 24
(b) leave the thing at the place of seizure but take reasonable action to 25
restrict access to it. 26
27
Examples of restricting access to a thing--
28
1. Sealing a thing and marking it to show access to it is restricted.
29
2. Sealing the entrance to a room where the seized thing is situated
30
and marking the entrance to show access to the room is restricted.
s 162 96 s 164
Pharmacists Registration
with seized things 1
Tampering
162. If an inspector restricts access to a seized thing, a person must not 2
tamper, or attempt to tamper, with the thing, or something restricting access 3
to the thing, without an inspector's approval. 4
Maximum penalty--100 penalty units. 5
to support seizure 6
Powers
163.(1) To enable a thing to be seized, an inspector may require the 7
person in control of it-- 8
(a) to take it to a stated reasonable place by a stated reasonable time; 9
and 10
(b) if necessary, to remain in control of it at the stated place for a 11
reasonable time. 12
(2) The requirement-- 13
(a) must be made by notice in the approved form; or 14
(b) if for any reason it is not practicable to give the notice, may be 15
made orally and confirmed by notice in the approved form as 16
soon as practicable. 17
(3) A further requirement may be made under this section about the same 18
thing if it is necessary and reasonable to make the further requirement. 19
(4) A person of whom a requirement is made under subsection (1) or (3) 20
must comply with the requirement, unless the person has a reasonable 21
excuse. 22
Maximum penalty for subsection (4)--50 penalty units. 23
for seized things 24
Receipts
164.(1) As soon as practicable after an inspector seizes a thing, the 25
inspector must give a receipt for it to the person from whom it was seized. 26
(2) However, if for any reason it is not practicable to comply with 27
subsection (1), the inspector must leave the receipt at the place of seizure in 28
a conspicuous position and in a reasonably secure way. 29
s 165 97 s 165
Pharmacists Registration
(3) The receipt must describe generally each thing seized and its 1
condition. 2
(4) This section does not apply to a thing if it is impracticable or would 3
be unreasonable to give the receipt, given the thing's nature, condition and 4
value. 5
of seized things 6
Forfeiture
165.(1) A seized thing is forfeited to the State if the inspector who seized 7
the thing-- 8
(a) can not find its owner, after making reasonable inquiries; or 9
(b) can not return it to its owner, after making reasonable efforts; or 10
(c) reasonably believes it is necessary to retain the thing to prevent it 11
being used to commit an offence against this Act. 12
(2) In applying subsection (1)-- 13
(a) subsection (1)(a) does not require the inspector to make inquiries 14
if it would be unreasonable to make inquiries to find the owner; 15
and 16
(b) subsection (1)(b) does not require the inspector to make efforts if 17
it would be unreasonable to make efforts to return the thing to its 18
owner. 19
(3) If the inspector makes a decision under subsection (1)(c), resulting in 20
the seized thing being forfeited to the State, the inspector must immediately 21
give the owner an information notice for the decision. 22
(4) Subsection (3) does not apply if-- 23
(a) the inspector can not find the owner, after making reasonable 24
inquiries; or 25
(b) it is impracticable or would be unreasonable to give the 26
information notice. 27
(5) Regard must be had to a thing's nature, condition and value-- 28
(a) in deciding-- 29
(i) whether it is reasonable to make inquiries or efforts; and 30
s 166 98 s 167
Pharmacists Registration
(ii) if making inquiries or efforts, what inquiries or efforts, 1
including the period over which they are made, are 2
reasonable; or 3
(b) in deciding whether it would be unreasonable to give the 4
information notice. 5
on conviction 6
Forfeiture
166.(1) On the conviction of a person for an offence against this Act, the 7
court may order the forfeiture to the State of-- 8
(a) anything used to commit the offence; or 9
(b) anything else the subject of the offence. 10
(2) The court may make the order-- 11
(a) whether or not the thing has been seized; and 12
(b) if the thing has been seized, whether or not the thing has been 13
returned to its owner. 14
(3) The court may make any order to enforce the forfeiture it considers 15
appropriate. 16
(4) This section does not limit the court's powers under the Penalties and 17
Sentences Act 1992 or another law. 18
with forfeited things etc. 19
Dealing
167.(1) On the forfeiture of a thing to the State, the thing becomes the 20
State's property and may be dealt with by the executive officer as the 21
executive officer considers appropriate. 22
(2) Without limiting subsection (1), the executive officer may destroy or 23
dispose of the thing. 24
(3) Despite subsection (1), the executive officer must not deal with the 25
thing in a way that could prejudice the outcome of-- 26
(a) an appeal started under section 182(3); or 27
(b) another appeal, relevant to the thing, of which the executive officer 28
is aware. 29
s 168 99 s 170
Pharmacists Registration
of seized things 1
Return
168.(1) If a seized thing has not been forfeited, the inspector must return 2
it to its owner-- 3
(a) at the end of 6 months; or 4
(b) if a proceeding for an offence involving the thing is started within 5
6 months, at the end of the proceeding and any appeal from the 6
proceeding. 7
(2) Despite subsection (1), unless the thing has been forfeited, the 8
inspector must immediately return a thing seized as evidence to its owner if 9
the inspector stops being satisfied its continued retention as evidence is 10
necessary. 11
to seized things 12
Access
169.(1) Until a seized thing is forfeited or returned, an inspector must 13
allow its owner to inspect it and, if it is a document, to copy it. 14
(2) Subsection (1) does not apply if it is impracticable or would be 15
unreasonable to allow the inspection or copying. 16
Subdivision 5--Power to obtain information 17
to require name and address 18
Power
170.(1) This section applies if-- 19
(a) an inspector finds a person committing an offence against this 20
Act; or 21
(b) an inspector finds a person in circumstances that lead, or has 22
information that leads, the inspector to reasonably suspect the 23
person has just committed an offence against this Act. 24
(2) The inspector may require the person to state the person's name and 25
residential address. 26
(3) When making the requirement, the inspector must warn the person it 27
is an offence to fail to state the person's name or residential address, unless 28
the person has a reasonable excuse. 29
s 171 100 s 172
Pharmacists Registration
(4) The inspector may require the person to give evidence of the 1
correctness of the stated name or residential address if the inspector 2
reasonably suspects the stated name or address is false. 3
(5) A requirement under subsection (2) or (4) is called a "personal 4
details requirement". 5
to give name or address 6
Failure
171.(1) A person of whom a personal details requirement is made must 7
comply with the requirement, unless the person has a reasonable excuse. 8
Maximum penalty--50 penalty units. 9
(2) A person does not commit an offence against subsection (1) if-- 10
(a) the person was required to state the person's name and residential 11
address by an inspector who suspected the person had committed 12
an offence against this Act; and 13
(b) the person is not proved to have committed the offence. 14
to require production of documents 15
Power
172.(1) An inspector may require a person to make available for 16
inspection by an inspector, or produce to the inspector for inspection, at a 17
reasonable time and place nominated by the inspector a document issued to 18
the person under this Act. 19
(2) The inspector may keep the document to copy it. 20
(3) The inspector must return the document to the person as soon as 21
practicable after copying it. 22
(4) While the document is in the inspector's possession, the inspector 23
must allow it to be inspected or copied, at a reasonable time, by a person 24
who would be entitled to inspect or copy it were it not in the inspector's 25
possession. 26
(5) A requirement under subsection (1) is called a "document 27
production requirement". 28
s 173 101 s 175
Pharmacists Registration
to produce document 1
Failure
173.(1) A person of whom a document production requirement is made 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--50 penalty units. 5
(2) It is not a reasonable excuse for an individual not to comply with a 6
document production requirement if complying with the requirement might 7
tend to incriminate the individual. 8
to require information 9
Power
174.(1) This section applies if an inspector reasonably believes-- 10
(a) an offence against this Act has been committed; and 11
(b) a person may be able to give information about the offence. 12
(2) The inspector may, by notice given to the person, require the person 13
to give information, including a document, about the offence to the inspector 14
at a stated reasonable time and place. 15
(3) The person must comply with a requirement under subsection (2), 16
unless the person has a reasonable excuse. 17
Maximum penalty--50 penalty units. 18
(4) For this section, it is a reasonable excuse for an individual to fail to 19
give information that giving the information might tend to incriminate the 20
individual. 21
4--General enforcement matters 22
Division
of damage 23
Notice
175.(1) This section applies if-- 24
(a) an inspector damages property when exercising or purporting to 25
exercise a power; or 26
(b) a person (the "other person") acting under the direction of an 27
inspector damages property. 28
s 176 102 s 176
Pharmacists Registration
(2) The inspector must immediately give notice of particulars of the 1
damage to the person who appears to the inspector to be the owner of the 2
property. 3
(3) If the inspector believes the damage was caused by a latent defect in 4
the property or circumstances beyond the inspector's or other person's 5
control, the inspector may state the belief in the notice. 6
(4) If, for any reason, it is impracticable to comply with subsection (2), 7
the inspector must leave the notice in a conspicuous position and in a 8
reasonably secure way where the damage happened. 9
(5) This section does not apply to damage the inspector reasonably 10
believes is trivial. 11
(6) In this section-- 12
"owner", of property, includes the person in possession or control of it. 13
14
Compensation
176.(1) A person may claim from the board the cost of repairing or 15
replacing property damaged because of the exercise or purported exercise of 16
a power under any of the following subdivisions of division 332-- 17
· subdivision 1 (Entry of places) 18
· subdivision 3 (Powers after entry) 19
· subdivision 4 (Power to seize evidence). 20
(2) Without limiting subsection (1), compensation may be claimed for 21
loss or expense incurred in complying with a requirement made of the 22
person under the subdivision. 23
(3) Compensation may be claimed and ordered to be paid in a 24
proceeding-- 25
(a) brought in a court with jurisdiction for the recovery of the amount 26
of compensation claimed; or 27
(b) for an offence against this Act brought against the person 28
claiming compensation. 29
32 Division 3 (Powers of inspectors)
s 177 103 s 179
Pharmacists Registration
(4) A court may order compensation to be paid only if it is satisfied it is 1
just to make the order in the circumstances of the particular case. 2
or misleading information 3
False
177. A person must not give information to an inspector the person 4
knows is false or misleading in a material particular. 5
Maximum penalty--50 penalty units. 6
or misleading documents 7
False
178.(1) A person must not give an inspector a document containing 8
information the person knows is false or misleading in a material particular. 9
Maximum penalty--50 penalty units. 10
(2) Subsection (1) does not apply to a person if the person, when giving 11
the document-- 12
(a) tells the inspector, to the best of the person's ability, how it is 13
false or misleading; and 14
(b) if the person has, or can reasonably obtain, the correct 15
information, gives the correct information. 16
inspectors 17
Obstructing
179.(1) A person must not obstruct an inspector in the exercise of a 18
power, unless the person has a reasonable excuse. 19
Maximum penalty--100 penalty units. 20
(2) If a person has obstructed an inspector and the inspector decides to 21
proceed with the exercise of the power, the inspector must warn the person 22
that-- 23
(a) it is an offence to obstruct the inspector, unless the person has a 24
reasonable excuse; and 25
(b) the inspector considers the person's conduct is an obstruction. 26
(3) In this section-- 27
"obstruct" includes hinder and attempt to obstruct or hinder. 28
s 180 104 s 182
Pharmacists Registration
of inspectors 1
Impersonation
180. A person must not pretend to be an inspector. 2
Maximum penalty--50 penalty units. 3
ART 6--APPEALS 4
P
may appeal 5
Who
181.(1) A person (the "appellant") who is given, or is entitled to be 6
given, an information notice for a decision (the "original decision") may 7
appeal against the decision to the District Court.33 8
(2) To help users of this Act, schedule 1 identifies the decisions for 9
which an information notice must be given under this Act. 10
appeals 11
Starting
182.(1) The appeal may be started at-- 12
(a) the District Court at the place where the person resides or carries 13
on business; or 14
(b) the District Court at Brisbane. 15
(2) Subsection (1) does not limit the District Court at which the appeal 16
may be started under the Uniform Civil Procedure Rules 1999. 17
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 18
must be filed with the registrar of the court within 28 days after-- 19
(a) if the appellant is given an information notice for the original 20
decision--the day the appellant is given the notice; or 21
(b) if paragraph (a) does not apply--the day the person otherwise 22
becomes aware of the original decision. 23
33 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 183 105 s 184
Pharmacists Registration
(4) The court may, at any time, extend the period for filing the notice of 1
appeal. 2
procedures 3
Hearing
183.(1) In deciding the appeal, the court-- 4
(a) has the same powers as the person who made the original 5
decision; and 6
(b) is not bound by the rules of evidence; and 7
(c) must comply with natural justice. 8
(2) The appeal is by way of rehearing, unaffected by the original decision, 9
on the material before the person who made the original decision and any 10
further evidence allowed by the court. 11
of court on appeal 12
Powers
184.(1) In deciding the appeal, the court may-- 13
(a) confirm the original decision; or 14
(b) amend the original decision; or 15
(c) substitute another decision for the original decision; or 16
(d) set aside the original decision and return the issue to the board 17
with the directions the court considers appropriate. 18
(2) In substituting another decision for the original decision, the court has 19
the same powers as the person who made the original decision. 20
21
Example--
22
The court may decide that an unsuccessful applicant for general registration be
23
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 24
decision for the original decision, the amended or substituted decision is, for 25
this Act (other than this part) taken to be the decision of the person who 26
made the original decision. 27
(4) If the court decides to impose conditions on a registration, the court 28
must-- 29
s 185 106 s 186
Pharmacists Registration
(a) state the reasons for the decision; and 1
(b) if the registration is a general registration, decide and state the 2
review period applying to the conditions.34 3
(5) If the court decides to impose conditions on a registration because of 4
the registrant's mental and physical health, it must also decide whether 5
details of the conditions must be recorded in the register for the period for 6
which the conditions are in force. 7
(6) The court must decide not to record details of the conditions 8
mentioned in subsection (5) in the register unless it reasonably believes it is 9
in the interests of users of the registrant's services or the public to know the 10
details. 11
of assessors 12
Appointment
185.(1) If the court is of the opinion that the appeal involves a question of 13
special knowledge and skill, the court may appoint 1 or more assessors who 14
in the court's opinion possess the special qualifications necessary for the 15
particular case to assist the court in its deciding the appeal. 16
(2) An assessor may advise the court on any matter, but all questions of 17
law and fact are to be decided by the court. 18
(3) The court may give the weight to the advice that it considers 19
appropriate. 20
ART 7--LEGAL PROCEEDINGS 21
P
Division 1--Evidence 22
of division 23
Application
186. This division applies to a proceeding under this Act. 24
34 The conditions may be reviewed under part 3 (Registration), division 7
(Reviewing conditions of general registrations).
s 187 107 s 189
Pharmacists Registration
and authority 1
Appointments
187. It is not necessary to prove-- 2
(a) an inspector's, or member's, appointment; or 3
(b) the executive officer's appointment; or 4
(c) the authority of an inspector, a member, the executive officer or a 5
member of the office's staff to do anything under this Act. 6
7
Signatures
188. A signature purporting to be the signature of the Minister, the 8
chairperson, a member, an inspector, the executive officer or a member of 9
the office's staff is evidence of the signature it purports to be. 10
provisions 11
Evidentiary
189. A certificate purporting to be signed by the executive officer and 12
stating any of the following matters is evidence of the matter-- 13
(a) a stated document is one of the following things made, given, 14
issued or kept under this Act-- 15
(i) an appointment, approval or decision; 16
(ii) a notice, direction or requirement; 17
(iii) a certificate of registration; 18
(iv) a record, or an extract from a record; 19
(v) the register, or an extract from the register; 20
(b) a stated document is another document kept under this Act; 21
(c) a stated document is a copy of a thing mentioned in paragraph (a) 22
or (b); 23
(d) on a stated day, or during a stated period, a stated person was or 24
was not a registrant; 25
(e) on a stated day, or during a stated period, a registration-- 26
(i) was or was not in force; or 27
(ii) was or was not subject to a stated condition; 28
s 190 108 s 191
Pharmacists Registration
(f) on a stated day, a registration was cancelled; 1
(g) on a stated day, or during a stated period, an appointment as an 2
inspector was, or was not, in force for a stated person; 3
(h) on a stated day, a stated person was given a stated notice or 4
direction under this Act; 5
(i) on a stated day, a stated requirement was made of a stated person. 6
2--Proceedings 7
Division
and summary offences 8
Indictable
190.(1) An offence against section 13835 is an indictable offence. 9
(2) Any other offence against this Act is a summary offence. 10
for indictable offences 11
Proceedings
191.(1) A proceeding for an indictable offence against this Act may be 12
taken, at the election of the prosecution-- 13
(a) by way of summary proceeding under the Justices Act 1886; or 14
(b) on indictment. 15
(2) A magistrate must not hear an indictable offence summarily if-- 16
(a) the defendant asks at the start of the hearing that the charge be 17
prosecuted on indictment; or 18
(b) the magistrate considers the charge should be prosecuted on 19
indictment. 20
(3) If subsection (2) applies-- 21
(a) the magistrate must proceed by way of an examination of 22
witnesses for an indictable offence; and 23
(b) a plea of the person charged at the start of the proceeding must be 24
disregarded; and 25
35 Section 138 (Offence for taking reprisal)
s 192 109 s 193
Pharmacists Registration
(c) evidence brought in the proceeding before the magistrate decided 1
to act under subsection (2) is taken to be evidence in the 2
proceeding for the committal of the person for trial or sentence; 3
and 4
(d) before committing the person for trial or sentence, the magistrate 5
must make a statement to the person as required by the Justices 6
Act 1886, section 104(2)(b).36 7
on who may summarily hear indictable offence 8
Limitation
192.(1) The proceeding must be before a magistrate if it is a 9
proceeding-- 10
(a) for the summary conviction of a person on a charge for an 11
indictable offence; or 12
(b) for an examination of witnesses for a charge for an indictable 13
offence. 14
(2) However, if the proceeding is brought before a justice who is not a 15
magistrate, jurisdiction is limited to taking or making a procedural action or 16
order within the meaning of the Justices of the Peace and Commissioners 17
for Declarations Act 1991. 18
on time for starting summary proceedings 19
Limitation
193. A proceeding for a summary offence against this Act by way of 20
summary proceeding under the Justices Act 1886 must start-- 21
(a) within 1 year after the commission of the offence; or 22
(b) within 6 months after the offence comes to the complainant's 23
knowledge, but within 2 years after the commission of the 24
offence. 25
36 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 194 110 s 196
Pharmacists Registration
of false or misleading information or documents 1
Allegations
194. In any proceeding for an offence against this Act defined as 2
involving false or misleading information, or a false or misleading 3
document, it is enough for a charge to state that the information or 4
document was, without specifying which, `false or misleading'. 5
to be paid to board 6
Penalties
195. All penalties recovered as a result of proceedings for offences 7
against this Act brought by the board must be ordered to be paid to the 8
board. 9
for acts or omissions of representatives 10
Responsibility
196.(1) This section applies in a proceeding for an offence against this 11
Act. 12
(2) If it is relevant to prove a person's state of mind about a particular act 13
or omission, it is enough to show-- 14
(a) the act was done or omitted to be done by a representative of the 15
person within the scope of the representative's actual or apparent 16
authority; and 17
(b) the representative had the state of mind. 18
(3) An act done or omitted to be done for a person by a representative of 19
the person within the scope of the representative's actual or apparent 20
authority is taken to have been done or omitted to be done also by the 21
person, unless the person proves the person could not, by the exercise of 22
reasonable diligence, have prevented the act or omission. 23
(4) In this section-- 24
"representative" means-- 25
(a) for a corporation--an executive officer, employee or agent of the 26
corporation; or 27
(b) for an individual--an employee or agent of the individual. 28
s 197 111 s 197
Pharmacists Registration
"state of mind" of a person includes-- 1
(a) the person's knowledge, intention, opinion, belief or purpose; and 2
(b) the person's reasons for the intention, opinion, belief or purpose. 3
officers must ensure corporation complies with Act 4
Executive
197.(1) The executive officers of a corporation must ensure the 5
corporation complies with this Act. 6
(2) If a corporation commits an offence against a provision of this Act, 7
each of the corporation's executive officers also commits an offence, 8
namely, the offence of failing to ensure the corporation complies with the 9
provision. 10
Maximum penalty--the penalty for the contravention of the provision by an 11
individual. 12
(3) Evidence that the corporation has been convicted of an offence against 13
a provision of this Act is evidence that each of the executive officers 14
committed the offence of failing to ensure the corporation complies with the 15
provision. 16
(4) However, it is a defence for an executive officer to prove-- 17
(a) if the officer was in a position to influence the conduct of the 18
corporation in relation to the offence, the officer exercised 19
reasonable diligence to ensure the corporation complied with the 20
provision; or 21
(b) the officer was not in a position to influence the conduct of the 22
corporation in relation to the offence. 23
s 198 112 s 198
Pharmacists Registration
PART 8--REGISTER, RECORDS AND 1
INFORMATION 2
Division 1--Register 3
to be kept 4
Register
198.(1) The board must keep a register about registrants. 5
(2) The register may be kept in the way the board considers appropriate, 6
including, for example, in an electronic form. 7
(3) The register must contain the following details for each registrant-- 8
(a) the registrant's name; 9
(b) an address of the registrant notified by the registrant to the board; 10
(c) whether the registrant is a general registrant, provisional general 11
registrant, special purpose registrant or provisional special 12
purpose registrant; 13
(d) the qualification relied on by the registrant to obtain registration; 14
(e) if the registrant is a special purpose registrant or provisional 15
special purpose registrant, details of the special activity for which 16
the registrant is registered; 17
(f) if conditions are imposed, under this Act, on the registrant's 18
registration-- 19
(i) for conditions imposed because of the registrant's mental 20
and physical health, the details of which it has been decided 21
under this Act not to record in the register--the fact that 22
conditions have been imposed; or 23
(ii) otherwise--details of the conditions; 24
(g) whether the registrant has an approval or an authority under the 25
Health (Drugs and Poisons) Regulation 1996 to which a 26
condition applies and, if so, details of the condition; 27
(h) whether the registrant has an approval or authority under the 28
Health (Drugs and Poisons) Regulation 1996 that is currently 29
s 199 113 s 200
Pharmacists Registration
cancelled or suspended under that regulation; 1
(i) any other information required to be recorded in the register under 2
the Health Practitioners (Professional Standards) Act 1999; 3
(j) other details prescribed under a regulation. 4
(4) For subsection (3)(f), the fact or details must be recorded in the 5
register for the period the conditions are in force. 6
of register 7
Inspection
199.(1) The board must-- 8
(a) keep the register open for inspection, free of charge, at the office 9
by members of the public during ordinary office hours; and 10
(b) give a person a copy of the register, or a part of it, on payment of 11
the fee prescribed under a regulation. 12
(2) Subsection (1) does not apply to details of the residential address of a 13
registrant, unless the registrant gives notice to the board that he or she agrees 14
to the details being able to be inspected. 15
2--Records to be kept 16
Division
17
Records
200.(1) The board must keep records of the following details about each 18
registrant or former registrant-- 19
(a) if the registration was affected under the Health Practitioners 20
(Professional Standards) Act 1999, details of the way it was 21
affected and the reason for it being affected; 22
(b) if the registration was cancelled under this Act, the fact of, and the 23
reason for, the cancellation; 24
(c) if conditions were, under this Act, imposed on the registration, 25
details of the conditions and the reasons for their imposition; 26
(d) other details prescribed under a regulation. 27
(2) The records must be kept for at least 10 years. 28
s 201 114 s 201
Pharmacists Registration
Division 3--Information 1
of information 2
Confidentiality
201.(1) This section applies to a person (the "relevant person") who is 3
or was-- 4
(a) a member; or 5
(b) a member of a committee; or 6
(c) appointed by the board to conduct a health assessment of another 7
person; or 8
(d) an inspector; or 9
(e) the executive officer or a member of the office's staff; or 10
(f) otherwise involved in the administration of this Act. 11
(2) This section applies to information about a person obtained by the 12
relevant person in the course of performing the relevant person's functions 13
under this Act. 14
(3) The relevant person must not disclose the information to anyone else. 15
Maximum penalty--100 penalty units. 16
(4) However, the relevant person may disclose the information to 17
someone else-- 18
(a) to the extent necessary to perform the relevant person's functions 19
under or relating to this Act or the Health Practitioners 20
(Professional Standards) Act 1999; or 21
(b) if the disclosure is authorised under this or another Act; or 22
(c) if the disclosure is otherwise required or permitted by law; or 23
(d) if the person to whom the information relates agrees to the 24
disclosure; or 25
(e) if the disclosure is in a form that does not disclose the identity of a 26
person; or 27
(f) if the information is, or has been, accessible to the public, 28
including, for example, because it is or was recorded in the 29
register; or 30
s 202 115 s 202
Pharmacists Registration
(g) if the disclosure is to a foreign regulatory authority and the 1
disclosure is necessary for the authority to perform its functions; 2
or 3
(h) if the disclosure is to the Minister to allow the Minister to act 4
under paragraph (i); or 5
(i) if the Minister considers the disclosure is in the public interest and 6
authorises the relevant person to disclose the information. 7
(5) If the Minister authorises information to be disclosed under 8
subsection (4)(i) about a matter concerning a registrant, the Minister must 9
inform the board of the authorisation and its purpose. 10
(6) In this section-- 11
"information", about a person, means-- 12
(a) information about the person's health that identifies, or is likely to 13
identify, the person; or 14
(b) information about the person's criminal history obtained under a 15
request under section 46(3). 16
annual report must disclose authorisation 17
Board's
202.(1) This section applies if the board is given information, under 18
section 201(5), in a financial year about an authorisation. 19
(2) The board must include a statement about the authorisation in its 20
annual report under the Financial Administration and Audit Act 1977 for the 21
financial year. 22
(3) The statement must include general details about-- 23
(a) the nature of the information disclosed under the authorisation; 24
and 25
(b) the purpose for which the information was disclosed. 26
(4) However, the statement must not identify any person. 27
s 203 116 s 205
Pharmacists Registration
PART 9--MISCELLANEOUS 1
Division 1--Abandoned, and other, health records 2
for div 1 3
Definitions
203. In this division-- 4
"health records" means documents, recording the health history, condition 5
and treatment of users of the professional services provided by a 6
person, made in the course of the person's practice of the profession. 7
"possess", a health record, includes having the record under control in any 8
place, whether or not another person has custody of the record. 9
may take possession of abandoned health records 10
Board
204.(1) This section applies if the board suspects on reasonable grounds 11
that health records have been abandoned. 12
(2) The board may take and keep possession of the records to be dealt 13
with under this division. 14
(3) For taking possession of the records, the board may give notice to the 15
occupier of the place where the records are situated to deliver the records to 16
the board to be dealt with under this division. 17
(4) The notice must state that the requirement must be complied with 18
within a period of 14 days after the occupier receives the notice. 19
(5) The occupier must comply with the requirement within the stated 20
period, unless the occupier has a reasonable excuse. 21
Maximum penalty for subsection (5)--50 penalty units. 22
records forming part of deceased estate 23
Health
205.(1) This section applies if health records form part of a deceased 24
estate. 25
(2) The personal representative of the deceased person concerned may 26
s 206 117 s 207
Pharmacists Registration
deliver the records into the possession of the board to be dealt with under 1
this division. 2
records of persons convicted of an offence against s 125(1) or 3
Health
(6) or 126 4
206.(1) This section applies to a person who is convicted of an offence 5
against section 125(1) or (6) or 126.37 6
(2) The board may give the person notice to deliver health records in the 7
possession or control of the person into the possession of the board to be 8
dealt with under this division. 9
(3) The person must within 14 days after receiving the notice deliver the 10
records into the possession of the board. 11
Maximum penalty--50 penalty units. 12
(4) If the person does not comply with the notice, the board may take and 13
keep possession of the records. 14
with certain health records seized under s 159 or 160 15
Dealing
207.(1) This section applies if, under section 159 or 160,38 an inspector 16
seizes health records that the board may take and keep possession of under 17
section 204 or 206. 18
(2) The inspector must deliver the health records into the possession of 19
the board to be dealt with under this division. 20
(3) Sections 165, 168 and 16939 do not apply to health records delivered 21
to the board under subsection (2). 22
37 Section 125 (Taking of restricted titles etc.) or 126 (Claims by persons as to
registration)
38 Section 159 (Seizing evidence at a place that may be entered without consent or
warrant) or 160 (Seizing evidence at a place that may only be entered with
consent or warrant)
39 Sections 165 (Forfeiture of seized things), 168 (Return of seized things) and
169 (Access to seized things)
s 208 118 s 210
Pharmacists Registration
board may deal with health records 1
How
208.(1) This section applies if the board takes possession of a health 2
record under this division. 3
(2) The board may-- 4
(a) give the record to the person to whom the record relates; or 5
(b) if directed by the person, give the record to a registrant under a 6
health practitioner registration Act chosen by the person; or 7
(c) if the board can not find the person after making reasonable 8
inquiries, keep the record; or 9
(d) if the board can not find the person, after making reasonable 10
inquiries, and decides it is no longer necessary to keep the record, 11
destroy the record. 12
(3) To remove doubt, it is declared that the board is taken to be keeping a 13
health record if another body stores the record on its behalf. 14
of health records 15
Destruction
209.(1) This section applies if the board destroys a health record under 16
section 208(2)(d). 17
(2) Compensation is not recoverable against the board because of the 18
destruction of the record. 19
2--Continuing professional education of registrants 20
Division
professional education programs 21
Continuing
210.(1) The board may develop or recognise a program for the 22
continuing professional education of registrants. 23
(2) The board must give notice to all registrants, to whom the program is 24
relevant, of details of the program. 25
(3) The program may state the minimum continuing professional 26
education requirements a registrant needs to satisfy, in a stated period, to 27
keep up-to-date with developments in the practice of the profession. 28
s 211 119 s 212
Pharmacists Registration
(4) A registrant who has satisfied the requirements in the stated period 1
may advertise this fact. 2
(5) A registrant who has not satisfied the requirements in the stated 3
period must not advertise that the registrant has satisfied the requirements. 4
Maximum penalty for subsection (5)--50 penalty units. 5
3--Other provisions 6
Division
officials from liability 7
Protecting
211.(1) An official is not civilly liable for an act done, or omission made, 8
honestly and without negligence under this Act. 9
(2) If subsection (1) prevents a civil liability attaching to an official, the 10
liability attaches instead to the board. 11
(3) In this section-- 12
"official" means-- 13
(a) a member; or 14
(b) a committee member who is not a board member; or 15
(c) the executive officer; or 16
(d) a person appointed by the board to conduct a health assessment of 17
another person; or 18
(e) an inspector; or 19
(f) a person acting under the direction or authority of an inspector. 20
or misleading information or documents 21
False
212.(1) A person must not give information to the board the person 22
knows is false or misleading in a material particular. 23
Maximum penalty--50 penalty units. 24
(2) A person must not give the board a document containing information 25
the person knows is false or misleading in a material particular. 26
Maximum penalty--50 penalty units. 27
s 213 120 s 217
Pharmacists Registration
(3) Subsection (2) does not apply to a person if the person, when giving 1
the document-- 2
(a) tells the board, to the best of the person's ability, how it is false or 3
misleading; and 4
(b) if the person has, or can reasonably obtain, the correct 5
information, gives the correct information. 6
etc. not to be false or misleading 7
Certificates
213. A registrant must not, in the registrant's professional capacity, sign 8
or give to another person, a certificate, notice, report or other document the 9
registrant knows is false or misleading in a material particular. 10
Maximum penalty--50 penalty units. 11
of provisions 12
Application
214.(1) This section applies if a provision of this Act applies another 13
provision of this Act for a purpose. 14
(2) The other provision, and any definition relevant to the other provision, 15
apply with any necessary changes. 16
(3) Subsection (2) is not limited merely because a provision states how 17
the other provision is to apply. 18
of forms 19
Approval
215. The board may approve forms for use under this Act. 20
fees 21
Examination
216. A person who sits an examination set and administered by the board 22
under this Act must, before sitting the examination, pay the board the fee for 23
the examination prescribed under a regulation. 24
power 25
Regulation-making
217.(1) The Governor in Council may make regulations under this Act. 26
s 218 121 s 219
Pharmacists Registration
(2) A regulation may be made about the following-- 1
(a) fees, including the refunding of fees, for this Act; 2
(b) imposing a penalty of not more than 20 penalty units for a 3
contravention of a provision of a regulation; 4
(c) training courses in the practice of the profession; 5
(d) the requirements for supervised practice, including, for example, 6
the number of hours of supervised practice to be undertaken for 7
eligibility for registration and the terms under which the practice 8
must be completed. 9
(3) Without limiting subsection (2)(a), a regulation may prescribe 10
amounts as fees having regard to the costs of the board performing its 11
functions under, or complying with-- 12
(a) an Act in the legislative scheme; or 13
(b) another Act. 14
ART 10--REPEAL, TRANSITIONAL AND SAVINGS 15
P
PROVISIONS 16
1--Repeal 17
Division
of Pharmacy Act 1976 18
Repeal
218. The Pharmacy Act 1976 (1976 Act No. 73) is repealed. 19
Division 2--Transitional provisions 20
for div 2 21
Definitions
219. In this division-- 22
"commencement" means commencement of this section. 23
s 220 122 s 223
Pharmacists Registration
"former board" means the Pharmacy Board of Queensland under the 1
repealed Act. 2
to repealed Act or former board 3
References
220.(1) In an Act or document, a reference to the repealed Act may, if the 4
context permits, be taken as a reference to this Act. 5
(2) A reference in an Act or document to the former board may, if the 6
context permits, be taken as a reference to the board. 7
is the legal successor 8
Board
221.(1) The board is the successor in law of the former board. 9
(2) Sections 222 to 226 do not limit subsection (1). 10
and liabilities etc. 11
Assets
222. On the commencement-- 12
(a) the assets and liabilities of the former board become assets and 13
liabilities of the board; and 14
(b) any contracts entered into by or on behalf of the former board and 15
all guarantees, undertakings and securities given by or on behalf 16
of the former board, in force immediately before the 17
commencement, are taken to have been entered into or given by 18
or to the board and may be enforced against or by the board; and 19
(c) any property that, immediately before the commencement, was 20
held on trust, or subject to a condition, by the former board 21
continues to be held by the board on the same trusts, or subject to 22
the same condition. 23
agreements 24
Service
223. A service agreement entered into by the former board, in force 25
immediately before the commencement, is taken to have been entered into 26
by the board. 27
s 224 123 s 227
Pharmacists Registration
1
Proceedings
224. A proceeding that could have been started or continued by or against 2
the former board before the commencement may be started or continued by 3
or against the board. 4
with matter under Health Practitioners (Professional 5
Dealing
Standards) Act 1999 6
225. A matter that had started to be, or could have been, dealt with under 7
the Health Practitioners (Professional Standards) Act 1999 by the former 8
board before the commencement may be continued, or started, to be dealt 9
with by the board. 10
11
Offences
226.(1) Proceedings for an offence against the repealed Act may be 12
continued, or started by the board, and the provisions of the repealed Act 13
and the Medical Act and Other Acts (Administration) Act 1966 necessary or 14
convenient to be used in relation to the proceedings continue to apply, as if 15
this Act had not commenced. 16
(2) For subsection (1), the Acts Interpretation Act 1954, section 2040 17
applies, but does not limit the subsection. 18
(3) This section has effect despite the repeal of the Medical Act and Other 19
Acts (Administration) Act 1966. 20
of board 21
Membership
227.(1) From the commencement, the board consists of the existing 22
members. 23
(2) Also, the board may include other persons appointed by the Governor 24
in Council (the "additional members"). 25
(3) However, the first board must not consist of more than 11 members. 26
(4) An existing member holds office as a member until the earlier of the 27
40 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act
etc.)
s 228 124 s 228
Pharmacists Registration
following days-- 1
(a) the day the existing member's term of appointment under the 2
repealed Act would have ended if this Act had not commenced; 3
(b) if the existing member vacates office under this Act before the 4
day mentioned in paragraph (a), the day the existing member 5
vacates office. 6
(5) An additional member is to be appointed for a term that ends on or 7
before the day when the existing members' terms of appointment under the 8
repealed Act would have ended if this Act had not commenced. 9
(6) If a person, including an existing member, appointed to the board 10
under this section is a registrant, the person is taken to be a registrant 11
member. 12
(7) The Governor in Council may appoint a person to fill the office of a 13
member of the first board if it is vacant. 14
(8) This section has effect despite sections 16 to 19 and 21.41 15
(9) In this section-- 16
"existing member" means a person who, immediately before the 17
commencement, held office as a member of the former board. 18
"first board" means the board as constituted under this section. 19
and deputy chairperson of board 20
Chairperson
228.(1) From the commencement-- 21
(a) the existing chairperson is taken to be the chairperson of the board 22
as constituted under section 227; and 23
(b) the existing deputy chairperson is taken to be the deputy 24
chairperson of the board as constituted under section 227. 25
(2) The existing chairperson ceases to hold office as the chairperson if the 26
existing chairperson vacates the office of chairperson under this Act. 27
(3) The existing deputy chairperson ceases to hold office as the deputy 28
41 Sections 16 (Membership of board), 17 (Registrant members), 18 (Public
members), 19 (Certain nominee board members) and 21 (Term of appointment)
s 229 125 s 229
Pharmacists Registration
chairperson if the existing deputy chairperson vacates the office of deputy 1
chairperson under this Act. 2
(4) This section has effect despite section 20(1) and (3).42 3
(5) In this section-- 4
"existing chairperson" means the person who, immediately before the 5
commencement, held office as the chairperson of the former board. 6
"existing deputy chairperson" means the person who, immediately 7
before the commencement, held office as the deputy chairperson of the 8
former board. 9
10
Appeals
229.(1) Subsection (2) applies if-- 11
(a) a person has appealed to the District Court under repealed 12
section 29(1)(a) before the commencement against a decision of 13
the former board; and 14
(b) the appeal has not been decided before the commencement. 15
(2) The District Court may hear, or continue to hear, and decide the 16
appeal under the repealed Act as if this Act had not commenced. 17
(3) Subsection (4) applies if-- 18
(a) immediately before the commencement a person could have 19
appealed to the District Court under the repealed section 29(1)(a) 20
against a decision of the former board; and 21
(b) the person has not appealed before the commencement. 22
(4) The person may appeal, and the District Court may hear and decide 23
the appeal, under the repealed Act as if this Act had not commenced. 24
(5) For giving effect to its decision under subsection (2) or (4), the 25
District Court may make the orders it considers necessary having regard to 26
the provisions of this Act. 27
28
Example for subsection (5)--
29
On an appeal by a person against a decision of the former board to refuse to
42 Section 20 (Chairperson and deputy chairperson of board)
s 230 126 s 231
Pharmacists Registration
1
register the person as a pharmacist under the repealed Act, the District Court may
2
order that the board register the person under this Act.
(6) In this section-- 3
"District Court" includes a District Court judge. 4
"repealed section 29(1)(a)" means section 29(1)(a) of the repealed Act. 5
registrations 6
Existing
230.(1) This section applies to a person who, immediately before the 7
commencement, was registered as a pharmacist under section 19 of the 8
repealed Act. 9
(2) The person is taken to be registered as a general registrant under this 10
Act. 11
(3) If the person's registration under the repealed Act was, immediately 12
before the commencement, subject to conditions, the person's general 13
registration under this Act is taken to be subject to the conditions. 14
(4) Despite section 60,43 the person's general registration under this Act 15
continues until the later of the following days-- 16
(a) 31 January first happening after the commencement; 17
(b) the day that is 3 months after the commencement. 18
(5) However, subsection (4) stops applying if the person's general 19
registration is surrendered or cancelled. 20
applications for registration 21
Existing
231.(1) An application for registration as a pharmacist made under 22
section 19 of the repealed Act, and not decided before the commencement, 23
must be decided under this Act. 24
(2) The application is taken to be for general registration under this Act. 25
(3) Part 3, division 244 applies to the application. 26
43 Section 60 (Period)
44 Part 3 (Registration), division 2 (Applications for general registration)
s 232 127 s 233
Pharmacists Registration
(4) However, the provisions of part 3, division 2 dealing with making the 1
application in the approved form and paying the application fee and 2
registration fee, that would otherwise apply do not apply to the application. 3
applications for restoration of registration 4
Existing
232.(1) An application for the restoration of registration as a pharmacist 5
made under section 22(4) of the repealed Act, and not decided before the 6
commencement, must be decided under this Act. 7
(2) The application is taken to be for the restoration of general registration 8
under this Act. 9
(3) Part 3, division 545 applies to the application. 10
(4) However, the following provisions do not apply to the application-- 11
(a) the provisions, applied by section 80,46 to the extent to which they 12
relate to recency of practice requirements; 13
(b) sections 81, 82 and 85.47 14
registrations 15
Suspended
233.(1) This section applies if a person's registration as a pharmacist 16
under the repealed Act has been suspended and the period of suspension has 17
not ended before the commencement. 18
(2) The suspension is taken to continue as a suspension of the person's 19
general registration under this Act. 20
45 Part 3 (Registration), division 5 (Restoration of general registrations)
46 Section 80 (Application of div 4, sdivs 1 and 3)
47 Sections 81 (When an application for restoration of a general registration may be
made), 82 (Procedural requirements for applications) and 85 (When recency of
practice conditions take effect)
s 234 128 s 236
Pharmacists Registration
130 and 133 ineffective for 6 months 1
Sections
234.(1) Sections 130 and 13348 have no effect for 6 months after they 2
commence. 3
(2) However, a person may give the board a notice mentioned in 4
section 130 within the 6 month period. 5
6
Records
235.(1) This section applies if-- 7
(a) a registration was affected under the repealed Act; and 8
(b) immediately before the commencement, the former board held a 9
record of the details of the way the registration was affected and 10
the reason for it being affected. 11
(2) The record must be kept by the board for at least 10 years after the 12
commencement. 13
Act has not been repealed 14
Certain
236.(1) This section applies if an Act mentioned in column 2 of the 15
following table (the "column 2 Act") has not been repealed-- 16
Table 17
column 1 column 2
Chiropractors Registration Act Chiropractors and Osteopaths Act 18
2000 1979
Dental Practitioners Registration Dental Act 1971 19
Act 2000
Dental Technicians and Dental Dental Technicians and Dental 20
Prosthetists Registration Act 2000 Prosthetists Act 1991
Medical Practitioners Registration Medical Act 1939 21
Act 2000
48 Sections 130 (Notification of business names etc.) and 133 (Information to
appear in advertisements)
s 242 129 s 243
Pharmacists Registration
Occupational Therapists Occupational Therapists Act 1979 1
Registration Act 2000
Optometrists Registration Act 2000 Optometrists Act 1974
Osteopaths Registration Act 2000 Chiropractors and Osteopaths Act
1979
Physiotherapists Registration Act Physiotherapists Act 1964 2
2000
Podiatrists Registration Act 2000 Podiatrists Act 1969
Psychologists Registration Act Psychologists Act 1977 3
2000
Speech Pathologists Registration Speech Pathologists Act 1979. 4
Act 2000
(2) A reference in schedule 4, definition "health practitioner registration 5
Act" to the Act mentioned in column 1 of the table shown opposite the 6
column 2 Act is taken to be a reference to the column 2 Act. 7
3--Savings provisions 8
Division
49 9
of approvals under s 30 of the repealed Act 10
Continuation
242. An approval given under section 30 of the repealed Act, and having 11
effect immediately before the commencement of this section, continues to 12
have effect as an approval under section 238. 13
of approvals under s 35 of the repealed Act 14
Continuation
243. An approval given under section 35 of the repealed Act, and having 15
effect immediately before the commencement of this section, continues to 16
have effect as an approval under section 241. 17
49 Section 246 and schedule 3 amend the Pharmacy Act 1976 and relocate certain
provisions of that Act to this division.
s 244 130 s 247
Pharmacists Registration
of certain provisions of regulation under repealed Act 1
Continuation
244.(1) The Pharmacy Regulation 1997, section 3 and schedule 2, as in 2
force immediately before the commencement of this section, and as 3
amended by section 247 (the "saved provisions"), continue to have effect 4
and are taken to be a regulation under this Act for all purposes, including 5
amendment and repeal by regulation. 6
(2) A regulation under this Act may relocate the saved provisions to a 7
regulation under this Act and for that purpose renumber the saved 8
provisions. 9
PART 11--CONSEQUENTIAL AND OTHER 10
AMENDMENTS 11
of Acts 12
Amendment
245. Schedule 2 amends the Acts mentioned in it. 13
of Pharmacy Act 1976 14
Amendment
246. Schedule 3 amends the Pharmacy Act 1976 and relocates certain 15
provisions of that Act to part 10, division 3. 16
of Pharmacy Regulation 1997 17
Amendment
247.(1) This section amends the Pharmacy Regulation 1997. 18
(2) Section 3, `section 5'-- 19
omit, insert-- 20
`section 237'. 21
131
Pharmacists Registration
SCHEDULE 1 1
¡
ECISIONS FOR WHICH INFORMATION NOTICES 2
D
MUST BE GIVEN 3
section 181(2) 4
Section Description of decision
55 Deciding to refuse to register an
applicant for general registration as
a general registrant
55, as applied by section 105 Deciding to refuse to register an
applicant for special purpose
registration as a special purpose
registrant
61 Deciding to register a person as a
general registrant on conditions and
deciding the review period applying
to the conditions
77 Deciding to refuse to renew a
general registration
77, as applied by section 80 Deciding to refuse to restore a
general registration
77, as applied by section 112 Deciding to refuse to renew a
special purpose registration
78 Deciding to renew a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
78, as applied by section 80 Deciding to restore a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
132
Pharmacists Registration
SCHEDULE 1 (continued)
90 Deciding to cancel a general
registration
90, as applied by section 116 Deciding to cancel a special purpose
registration
98 Deciding to confirm or change
conditions of a general registration
and deciding the review period
applying to the conditions
110 Deciding to register a person as a
special purpose registrant on
conditions
114 Deciding to renew a special purpose
registration on conditions
121 Deciding to refuse to grant an
application for the replacement of a
certificate of registration
165(1)(c) Decision resulting in a thing being
forfeited to the State
1
133
Pharmacists Registration
SCHEDULE 2 1
¡
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 245 3
RUGS MISUSE ACT 1986 4
´D
1. Section 4, definition "pharmacist"-- 5
omit, insert-- 6
` "pharmacist" means a person registered under the Pharmacists 7
Registration Act 2000.'. 8
HEALTH ACT 1937 9
´
1. Section 5(1), definition "pharmacist"-- 10
omit, insert-- 11
` "pharmacist" means a person registered under the Pharmacists 12
Registration Act 2000.'. 13
2. Section 5(1), definition "health practitioner registration Act', 14
`Pharmacy Act 1976'-- 15
omit, insert-- 16
`Pharmacists Registration Act 2000'. 17
3. Section 152(za), `within the meaning of the Pharmacy Act 1976'-- 18
omit. 19
134
Pharmacists Registration
SCHEDULE 2 (continued)
HEALTH PRACTITIONER REGISTRATION BOARDS 1
´
(ADMINISTRATION) ACT 1999 2
1. Schedule, definition "health practitioner registration Act", 3
`Pharmacy Act 1976'-- 4
omit, insert-- 5
`Pharmacists Registration Act 2000'. 6
HEALTH PRACTITIONERS (PROFESSIONAL 7
´
STANDARDS) ACT 1999 8
1. Schedule, definition "health practitioner registration Act", 9
`Pharmacy Act 1976'-- 10
omit, insert-- 11
`Pharmacists Registration Act 2000'. 12
2. Schedule, definition "profession", paragraph (h), `Pharmacy Act 13
1976'-- 14
omit, insert-- 15
`Pharmacists Registration Act 2000'. 16
135
Pharmacists Registration
SCHEDULE 2 (continued)
EALTH PRACTITIONERS (SPECIAL EVENTS 1
´H
EXEMPTION) ACT 1998 2
1. Schedule, definition "health registration Act", `Pharmacy Act 3
1976'-- 4
omit, insert-- 5
`Pharmacists Registration Act 2000'. 6
HEALTH RIGHTS COMMISSION ACT 1991 7
´
1. Schedule 2, item 7-- 8
omit, insert-- 9
`7. Pharmacists Board of Queensland'. 10
EALTH SERVICES ACT 1991 11
´H
1. Section 63(6), `Pharmacy Act 1976'-- 12
omit, insert-- 13
`Pharmacists Registration Act 2000'. 14
136
Pharmacists Registration
SCHEDULE 2 (continued)
EDICAL ACT AND OTHER ACTS 1
´M
(ADMINISTRATION) ACT 1966 2
1. Title, `the Pharmacy Act 1917,'-- 3
omit. 4
2 Section 4(1)(f)-- 5
omit. 6
RADIATION SAFETY ACT 1999 7
´
1. Schedule 2, definition "health practitioner registration Act", 8
`Pharmacy Act 1976'-- 9
omit, insert-- 10
`Pharmacists Registration Act 2000'. 11
ETERINARY SURGEONS ACT 1936 12
´V
1. Section 34(2)-- 13
omit, insert-- 14
`(2) In this section-- 15
"pharmacist" means a person registered under the Pharmacists 16
Registration Act 2000.'. 17
137
Pharmacists Registration
SCHEDULE 3 1
¡
MENDMENT OF PHARMACY ACT 1976 2
A
section 246 3
1. Section 5, `In this Act'-- 4
omit, insert-- 5
`In this division'. 6
2. Section 5, definitions "approved form", "fee", "inspector", 7
"pharmacist", "register", "registrar", "the board", and "the repealed 8
Acts"-- 9
omit. 10
3. Section 5, definition "friendly society" and section 34(1), `Act'-- 11
omit, insert-- 12
`division'. 13
4. Section 5, definitions "pharmacy" and ` "practice of pharmacy" or 14
"pharmacy practice" ' and sections 30(1), 32(1), 34 and 35(1) and (2), 15
`pharmacist'-- 16
omit, insert-- 17
`registrant'. 18
5. Sections 30(1), (2), (3B) and (4), 32(1) and 35(2)-- 19
insert-- 20
`Maximum penalty--20 penalty units.'. 21
138
Pharmacists Registration
SCHEDULE 3 (continued)
6. Section 30(3)(a), `carries'-- 1
omit, insert-- 2
`carried'. 3
7. Section 30(3)(a), (3A), (3B) and (8), `this Act'-- 4
omit, insert-- 5
`the repealed Act'. 6
8. Section 30(3)(a), `continues'-- 7
omit, insert-- 8
`has continued'. 9
9. Section 30(3)(b), `subsection (7)'-- 10
omit, insert-- 11
`subsections (7) and (7A)'. 12
10. Section 30(3A), `carries on as owner or has'-- 13
omit, insert-- 14
`carried on as owner or had'. 15
11. Section 30(3B), `carries on as owner or has a pecuniary interest, 16
direct or indirect'-- 17
omit, insert-- 18
`carried on as owner or had a pecuniary interest, direct or indirect, and 19
has continued to carry on as owner or have the interest'. 20
139
Pharmacists Registration
SCHEDULE 3 (continued)
12. Section 30(8), `has a pecuniary interest direct or indirect'-- 1
omit, insert-- 2
`had a pecuniary interest, direct or indirect, and has continued to have the 3
interest,'. 4
13. Section 32(2)(a), `section 19'-- 5
omit, insert-- 6
`section 47(1) or 48'. 7
14. Section 32(3) to (5)-- 8
omit. 9
15. Section 34(2), `section 30'-- 10
omit, insert-- 11
`section 238'. 12
16. Sections 34(2) and 35(1), `pharmacist's'-- 13
omit, insert-- 14
`registrant's'. 15
17. Section 35, heading, `pharmacists'-- 16
omit, insert-- 17
`registrants'. 18
18. Section 35(1)(b), `pursuant to section 25'-- 19
omit, insert-- 20
`under the Health Practitioners (Professional Standards) Act 1999'. 21
140
Pharmacists Registration
SCHEDULE 3 (continued)
19. Section 35(3), `section 30(1)'-- 1
omit, insert-- 2
`section 238(1)'. 3
20. Sections 5, 30, 32, 34 and 35-- 4
relocate to the Pharmacists Registration Act 2000 and in that Act insert 5
and renumber, in part 10, division 3, as sections 237 to 241. 6
141
Pharmacists Registration
SCHEDULE 4 1
¡
DICTIONARY 2
section 9 3
"accepted representations" see section 88(2). 4
"advertise" includes-- 5
(a) placing an entry in a directory; and 6
(b) displaying a sign; and 7
(c) using printed stationery. 8
"appellant" see section 181(1). 9
"application fee" see section 43(1)(c)(ii). 10
"approved form" means a form approved by the board. 11
"assessment report" see section 52(1). 12
"authorised person", for part 3, division 3, see section 63(1). 13
"board" means the Pharmacists Board of Queensland. 14
"business name", of a business, means a name or style under which the 15
business is carried on. 16
"certificate of general registration" means a certificate of general 17
registration issued under part 3. 18
"certificate of provisional general registration" means a certificate of 19
provisional general registration issued under section 64(5). 20
"certificate of provisional special purpose registration" means a 21
certificate of provisional special purpose registration issued under 22
part 3, division 8. 23
"certificate of registration" means a certificate of general registration, 24
certificate of provisional general registration, certificate of special 25
purpose registration or certificate of provisional special purpose 26
registration. 27
142
Pharmacists Registration
SCHEDULE 4 (continued)
"certificate of special purpose registration" means a certificate of special 1
purpose registration issued under part 3, division 8. 2
"certified copy", of a certificate of registration, means a copy that is 3
certified by the board as being a true copy of the certificate. 4
"chairperson" means the chairperson of the board appointed under 5
section 20(1). 6
"commencement", for part 10, division 2, see section 219. 7
"committee" means a committee of the board established under 8
section 34(1). 9
"convicted", of an offence, means being found guilty of the offence, on a 10
plea of guilty or otherwise, whether or not a conviction is recorded. 11
"corresponding law" means a law applying, or that applied, in another 12
State, the Commonwealth or a foreign country that provides, or 13
provided, for the same matter as-- 14
(a) a health practitioner registration Act or the Health Practitioners 15
(Professional Standards) Act 1999; or 16
(b) a provision of a health practitioner registration Act or the Health 17
Practitioners (Professional Standards) Act 1999. 18
"deputy chairperson" means the deputy chairperson of the board 19
appointed under section 20(1). 20
"document production requirement" see section 172(5). 21
"educational institution" means a university, training institution or 22
professional college engaged in the education of persons in the practice 23
of the profession. 24
"executive officer" means the executive officer appointed under the Health 25
Practitioner Registration Boards (Administration) Act 1999. 26
"executive officer", of a corporation, means a person who is concerned 27
with, or takes part in, the corporation's management, whether or not 28
the person is a director or the person's position is given the name of 29
executive officer. 30
"facsimile warrant" see section 154(4). 31
143
Pharmacists Registration
SCHEDULE 4 (continued)
"foreign regulatory authority" means-- 1
(a) an interstate regulatory authority; or 2
(b) an entity established under a law applying in a foreign country, 3
other than New Zealand, having functions similar to the board's 4
functions under this Act or the Health Practitioners (Professional 5
Standards) Act 1999. 6
"former board", for part 10, division 2, see section 219. 7
"former registrant" means a person who was, but is not currently, 8
registered under part 3. 9
"general registrant" means a person registered, under part 3, as a general 10
registrant, but does not include a provisional general registrant. 11
"general registration" means registration of a person as a general 12
registrant under part 3. 13
"general registration period"see section 60(1). 14
"health assessment", in relation to a person, includes-- 15
(a) a physical, medical, psychiatric or psychological examination or 16
test of the person; and 17
(b) asking questions to assess the person's mental and physical 18
health. 19
"Health Insurance Commission" means the Health Insurance 20
Commission established under the Health Insurance Commission Act 21
1973 (Cwlth), section 4. 22
"health practitioner registration Act" means any of the following Acts-- 23
· this Act 24
· Chiropractors Registration Act 2000 25
· Dental Practitioners Registration Act 2000 26
· Dental Technicians and Dental Prosthetists Registration Act 27
2000 28
· Medical Practitioners Registration Act 2000 29
144
Pharmacists Registration
SCHEDULE 4 (continued)
· Medical Radiation Technologists Registration Act 2000 1
· Occupational Therapists Registration Act 2000 2
· Optometrists Registration Act 2000 3
· Osteopaths Registration Act 2000 4
· Physiotherapists Registration Act 2000 5
· Podiatrists Registration Act 2000 6
· Psychologists Registration Act 2000 7
· Speech Pathologists Registration Act 2000. 8
"health records", for part 9, division 1, see section 203. 9
"health service" means a service for maintaining, improving or restoring 10
people's health and wellbeing. 11
"impose", a condition, includes change or confirm the condition. 12
"information notice", for a decision of the board or an inspector, is a 13
notice stating the following-- 14
(a) the decision; 15
(b) the reasons for the decision; 16
(c) that the person to whom the notice is given may appeal against the 17
decision within 28 days; 18
(d) how the person may appeal against the decision to the District 19
Court; 20
(e) if the decision is that a person be registered on conditions-- 21
(i) for a general registration--the review period applying to the 22
conditions; and 23
(ii) for conditions imposed because of the person's mental and 24
physical health, the details of which it has been decided 25
under section 61(4) to record in the register--the details that 26
must be recorded in the register for the period for which the 27
conditions are in force; 28
(f) if the decision is that a general registration be renewed or restored 29
145
Pharmacists Registration
SCHEDULE 4 (continued)
on recency of practice conditions, the review period applying to 1
the conditions; 2
(g) if the decision is that a registration be cancelled, a direction to the 3
person to return the certificate of registration to the board within 4
14 days after receiving the notice; 5
(h) if the decision is that the conditions imposed on a general 6
registration be confirmed, the review period applying to the 7
confirmed conditions; 8
(i) if the decision is that the conditions imposed on a general 9
registration be changed-- 10
(i) the review period applying to the changed conditions; and 11
(ii) if the conditions were imposed because of the person's 12
mental and physical health and it is decided under 13
section 102(2) that details of the changed conditions must be 14
recorded in the register, the details that must be recorded in 15
the register for the period for which the changed conditions 16
are in force; and 17
(iii) a direction to the person to return the certificate of 18
registration to the board within 14 days after receiving the 19
notice. 20
"inspector" means a person who is appointed as an inspector under 21
section 145. 22
"interstate regulatory authority" means an entity established under the 23
law of another State or New Zealand having functions similar to the 24
board's functions under this Act or the Health Practitioners 25
(Professional Standards) Act 1999. 26
"legislative scheme" see section 4. 27
"medical condition" includes substance abuse or dependence. 28
"member" means a member of the board. 29
"notice" means written notice. 30
"occupier", of a place, includes a person who reasonably appears to be an 31
occupier, or in charge, of the place. 32
146
Pharmacists Registration
SCHEDULE 4 (continued)
"office" means the Office of Health Practitioner Registration Boards under 1
the Health Practitioner Registration Boards (Administration) Act 2
1999. 3
"original decision" see section 181(1). 4
"personal details requirement" see section 170(5). 5
"place" includes premises, vacant land and a vehicle. 6
"place of seizure" see section 161. 7
"possess", a health record, for part 9, division 1, see section 203. 8
"premises" includes-- 9
(a) a building or other structure; and 10
(b) a part of a building or other structure; and 11
(c) land where a building or other structure is situated. 12
"profession" means the pharmacy profession. 13
"professional service" means a pharmacy service. 14
"provisional general registrant" means a person registered, under 15
section 64, as a provisional general registrant. 16
"provisional general registration" means registration of a person as a 17
provisional general registrant under section 64. 18
"provisional special purpose registrant" means a person registered, 19
under part 3, division 8, as a provisional special purpose registrant. 20
"provisional special purpose registration" means registration of a person 21
as a provisional special purpose registrant under part 3, division 8. 22
"public members" see section 16(2)(b). 23
"public place" means a place that the public is entitled to use, is open to the 24
public or is used by the public (whether or not on payment of money). 25
"recency of practice conditions" see section 78(2). 26
"recency of practice requirements" see section 72. 27
"register" means the register kept under section 198. 28
147
Pharmacists Registration
SCHEDULE 4 (continued)
"registrant" means a person registered under part 3. 1
"registrant members" see section 16(2)(a). 2
"registration" means registration under part 3. 3
"registration fee" see section 43(1)(c)(iii). 4
"renewable registration" means a general registration or special purpose 5
registration. 6
"repealed Act" means the Pharmacy Act 1976. 7
"restoration fee" see section 82(1)(b)(i). 8
"restricted title" means a title that consists of, or includes, the words 9
`chemist', `pharmaceutical chemist' or `pharmacist'. 10
"review period", applying to conditions imposed by the board or the 11
District Court on a general registration, means the period, not more 12
than 3 years after the decision to impose the conditions takes effect, 13
within which the registrant may not apply for a review of the 14
conditions under part 3, division 7. 15
"service agreement" means an agreement made under the Health 16
Practitioner Registration Boards (Administration) Act 1999, between 17
the executive officer and the board, for the provision of administrative 18
and operational support by the office to the board. 19
"show cause notice" see section 87(1). 20
"show cause period" see section 87(2)(d). 21
"special activities" see section 104. 22
"special purpose registrant" means a person registered, under part 3, 23
division 8, as a special purpose registrant, but does not include a 24
provisional special purpose registrant. 25
"special purpose registration" means registration of a person as a special 26
purpose registrant under part 3, division 8. 27
"supervised practice" see section 48. 28
148
Pharmacists Registration
SCHEDULE 4 (continued)
"user", of a registrant's services, includes a person who used the services. 1
"warrant form" see section 154(5)(b). 2
3
© State of Queensland 2000
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