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Queensland
PHARMACISTS
REGISTRATION BILL 2001
Queensland
PHARMACISTS REGISTRATION
BILL 2001
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
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Pharmacists Registration Bill 2001
Division 2--Membership
16 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Certain nominee board members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
20 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . . . . . . . . . . 21
21 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
24 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Leave of absence for a member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
26 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Board business
28 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
29 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
33 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4--Board committees
34 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 5--Disclosure of interests by board members and committee
members
36 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 6--Directions by Minister
37 Minister's power to give directions in the public interest . . . . . . . . . . . . . . . 28
Division 7--Annual reports
38 Matters to be included in annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 8--Other provisions about the board
39 Board is statutory body under the Financial Administration and Audit
Act 1977 ............................................... 29
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Pharmacists Registration Bill 2001
40 Board is statutory body under the Statutory Bodies Financial
Arrangements Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
41 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 3--REGISTRATION
Division 1--Preliminary
42 Who may apply for registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 2--Applications for general registration
Subdivision 1--Applications
43 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Subdivision 2--Eligibility for general registration
44 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
45 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 32
46 Fitness to practise the profession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
47 Training required for general registration . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
48 Practice required for general registration . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
49 Experience in the practice of the profession . . . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 3--Inquiries into applications
50 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 36
51 Appointment of appropriately qualified person to conduct health
assessment ............................................. 37
52 Report about health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
53 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
54 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 4--Decision on applications
55 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
56 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 39
57 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
58 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 5--Information in certificates of general registration
59 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 6--Period of general registration
60 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
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Pharmacists Registration Bill 2001
Subdivision 7--Conditions of general registration
61 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
62 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 3--Provisional general registration
63 Meaning of "authorised person" for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . 44
64 Provisional general registration of a person . . . . . . . . . . . . . . . . . . . . . . . . . 44
65 Confirmation or cancellation of provisional general registration . . . . . . . . . 45
66 Procedure after cancellation of provisional general registration . . . . . . . . . . 45
67 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 46
68 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
69 Board decides to register provisional general registrant as a general
registrant ............................................. 46
70 Board decides to refuse to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
71 Deemed refusal by board to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
72 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 47
Subdivision 2--Applications for renewal of general registrations
73 Notification of imminent expiry of registration. . . . . . . . . . . . . . . . . . . . . . . 48
74 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
75 General registration taken to be in force while application is
considered .......................................... 49
Subdivision 3--Decision on applications
76 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
77 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
78 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . . 51
79 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 5--Restoration of general registrations
80 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
81 When an application for restoration of a general registration may be made. 52
82 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
83 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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Pharmacists Registration Bill 2001
84 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
85 When recency of practice conditions take effect. . . . . . . . . . . . . . . . . . . . . . 54
Division 6--Cancellation of general registrations
86 Ground for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
87 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
88 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 55
89 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 55
90 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
91 Return of cancelled certificate of general registration to board . . . . . . . . . . 55
Division 7--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or District
Court
92 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
93 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
94 Review of conditions during review period. . . . . . . . . . . . . . . . . . . . . . . . . . 57
95 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
96 Application of ss 5154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
97 Deemed withdrawal of applications etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
98 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
99 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
100 Failure by board to make decision on application. . . . . . . . . . . . . . . . . . . . . 60
101 Failure by board to make decision on review agreed to under s 94 . . . . . . . 60
102 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 61
Subdivision 2--Recording change, or removal, of conditions
103 Amendment of, or replacing, certificates of general registration . . . . . . . . . 61
Division 8--Special purpose registrations
Subdivision 1--Applications for special purpose registration
104 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 62
105 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
106 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
107 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 64
108 Suitability to be a special purpose registrant. . . . . . . . . . . . . . . . . . . . . . . . . 64
109 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
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Pharmacists Registration Bill 2001
110 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
111 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Subdivision 2--Renewal of special purpose registrations
112 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
113 Matters that may be considered in deciding whether to renew special
purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
114 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
115 Period of renewed special purpose registration. . . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 3--Cancellation of special purpose registrations
116 Application of div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
117 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Subdivision 4--Removal of conditions
118 Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 9--General provisions about registrations
119 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 68
120 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
121 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 69
122 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 69
123 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
124 Notification of certain events to interstate regulatory authorities and
other entities ............................................ 70
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
125 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
126 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
127 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 73
128 Restrictions on special purpose registrants, provisional general
registrants and provisional special purpose registrants . . . . . . . . . . . . . . . . . 73
129 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 74
Division 2--Notification of business names and other details
130 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
131 Notification of change in business names etc.. . . . . . . . . . . . . . . . . . . . . . . . 75
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Division 3--Advertising
132 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
133 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 4--Registrants' autonomy
134 Aiding, abetting etc. conduct that is a ground for disciplinary action. . . . . . 77
Division 5--Court orders and injunctions
135 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 77
136 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 6--Reprisals
137 Reprisal and grounds for reprisals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
138 Offence for taking reprisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
139 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 7--Other provisions
140 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . . 81
141 Business providing professional services to be carried on under
supervision of registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
142 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
143 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
144 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 2--Appointment of inspectors and other matters
145 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
146 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
147 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
148 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
149 Production or display of inspector's identity card. . . . . . . . . . . . . . . . . . . . . 84
Division 3--Powers of inspectors
Subdivision 1--Entry of places
150 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Subdivision 2--Procedure for entry
151 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
152 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
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153 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
154 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
155 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Subdivision 3--Powers after entry
156 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
157 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
158 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Subdivision 4--Power to seize evidence
159 Seizing evidence at a place that may be entered without consent or
warrant ............................................. 90
160 Seizing evidence at a place that may only be entered with consent or
warrant ............................................... 90
161 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
162 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
163 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
164 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
165 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
166 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
167 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
168 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
169 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Subdivision 5--Power to obtain information
170 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
171 Failure to give name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
172 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 96
173 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
174 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Division 4--General enforcement matters
175 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
176 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
177 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
178 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
179 Obstructing inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
9
Pharmacists Registration Bill 2001
180 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
PART 6--APPEALS
181 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
182 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
183 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
184 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
185 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
186 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
187 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
188 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
189 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Division 2--Proceedings
190 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
191 Proceedings for indictable offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
192 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 104
193 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 104
194 Allegations of false or misleading information or documents . . . . . . . . . . . 105
195 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
196 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 105
197 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 106
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
198 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
199 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 2--Records to be kept
200 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 3--Information
201 Confidentiality of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
202 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 109
10
Pharmacists Registration Bill 2001
PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
203 Definitions for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
204 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 110
205 Health records forming part of deceased estate. . . . . . . . . . . . . . . . . . . . . . . 111
206 Health records of persons convicted of an offence against s 125(1) or
(6) or 126 ............................................... 111
207 Dealing with certain health records seized under s 159 or 160. . . . . . . . . . . 111
208 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
209 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Division 2--Continuing professional education of registrants
210 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . 112
Division 3--Other provisions
211 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
212 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 113
213 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 114
214 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
215 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
216 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
217 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
PART 10--REPEAL, TRANSITIONAL AND SAVINGS
PROVISIONS
Division 1--Repeal
218 Repeal of Pharmacy Act 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Division 2--Transitional provisions
219 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
220 References to repealed Act or former board . . . . . . . . . . . . . . . . . . . . . . . . . 116
221 Board is the legal successor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
222 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
223 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
224 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
225 Dealing with matter under Health Practitioners (Professional Standards)
Act 1999 ............................................... 117
11
Pharmacists Registration Bill 2001
226 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
227 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
228 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . . . . . . . . . . 118
229 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
230 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
231 Existing applications for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
232 Existing applications for restoration of registration . . . . . . . . . . . . . . . . . . . 121
233 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
234 Sections 130 and 133 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 121
235 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
236 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Division 3--Savings provisions
242 Continuation of approvals under s 30 of the repealed Act . . . . . . . . . . . . . . 123
243 Continuation of approvals under s 35 of the repealed Act . . . . . . . . . . . . . . 123
244 Continuation of certain provisions of regulation under repealed Act . . . . . . 123
PART 11--CONSEQUENTIAL AND OTHER AMENDMENTS
245 Amendment of Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
246 Amendment of Pharmacy Act 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
247 Amendment of Pharmacy Regulation 1997 . . . . . . . . . . . . . . . . . . . . . . . . . 124
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 125
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 127
CONSEQUENTIAL AMENDMENTS OF ACTS
COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2000 . . . 127
DRUGS MISUSE ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 .............................................. 128
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 ............................................... 129
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . 129
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Pharmacists Registration Bill 2001
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966 . 130
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
VETERINARY SURGEONS ACT 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 131
AMENDMENT OF PHARMACY ACT 1976
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 135
DICTIONARY
2001
A BILL
FOR
An Act to provide for the registration of pharmacists, and for other
purposes
s1 14 s5
Pharmacists Registration Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Pharmacists Registration Act 2001. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Division 2--Operation of Act 8
3 Act binds all persons 9
(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
4 The legislative scheme 13
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
5 Board's decisions to accord with decisions of certain bodies under 18
the Health Practitioners (Professional Standards) Act 1999 19
(1) This section applies if the board is making-- 20
(a) a decision on an application for registration; or 21
(b) a decision, under this Act, affecting a registrant's registration. 22
s6 15 s8
Pharmacists Registration Bill 2001
(2) The decision must comply with, and be consistent with, any decision 1
of the board, a disciplinary committee, a professional conduct review 2
panel, the Health Practitioners Tribunal or the Court of Appeal, affecting 3
the applicant or registration, under the Health Practitioners (Professional 4
Standards) Act 1999. 5
6 Application of Act 6
This Act does not limit the application of the Health Act 1937. 7
7 Mutual recognition legislation not affected 8
This Act does not affect the operation of the Mutual Recognition 9
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 10
(Queensland) Act 1999. 11
Division 3--Objects 12
8 Objects of Act 13
(1) The objects of this Act are-- 14
(a) to protect the public by ensuring health care is delivered by 15
registrants in a professional, safe and competent way; and 16
(b) to uphold the standards of practice within the profession; and 17
(c) to maintain public confidence in the profession. 18
(2) The objects are to be achieved mainly by-- 19
(a) establishing the Pharmacists Board of Queensland; and 20
(b) providing for the registration of persons under this Act; and 21
(c) imposing obligations on persons in relation to the practice of the 22
profession; and 23
(d) providing for compliance with this Act to be monitored and 24
enforced. 25
s9 16 s 12
Pharmacists Registration Bill 2001
Division 4--Interpretation 1
9 Definitions 2
The dictionary in schedule 4 defines particular words used in this Act. 3
PART 2--PHARMACISTS BOARD OF QUEENSLAND 4
Division 1--Establishment and functions 5
10 Establishment of board 6
(1) The Pharmacists Board of Queensland is established. 7
(2) The board-- 8
(a) is a body corporate; and 9
(b) has a common seal; and 10
(c) may sue and be sued in its corporate name. 11
11 Board's relationship with the State 12
The board does not represent the State. 13
12 Functions of board 14
The board has the following functions-- 15
(a) to assess applications for registration; 16
(b) to register persons who satisfy the requirements for registration; 17
(c) to monitor, and assess, whether registrants comply with any 18
conditions of registration; 19
(d) to keep a register of, and records relating to, registrants; 20
(e) to promote high standards of practice of the profession by 21
registrants; 22
s 12 17 s 12
Pharmacists Registration Bill 2001
(f) to develop or adopt programs for the continuing professional 1
education of registrants, and encourage their participation in the 2
programs; 3
(g) to develop or adopt training programs in the practice of the 4
profession that are relevant to a person's eligibility for 5
registration; 6
7
Example of `training programs'--
8
Refresher courses for persons who have not practised the profession for a
9
number of years.
(h) to confer and cooperate with interstate regulatory authorities; 10
(i) to confer and cooperate with entities engaged in the development 11
of national policies about the regulation of the profession; 12
(j) to confer and cooperate with the following entities about the 13
education of persons in the practice of the profession-- 14
(i) educational institutions; 15
(ii) entities responsible for accrediting courses, or accrediting 16
institutions to educate persons, for the profession; 17
(k) to inform registrants and the public about the operation of the 18
legislative scheme in its application to the profession; 19
(l) to examine, and advise the Minister about, the operation of the 20
legislative scheme in its application to the profession; 21
(m) to monitor, and enforce, compliance with this Act; 22
(n) to undertake research, relevant to the legislative scheme, into the 23
regulation of the profession; 24
(o) to collect, and give to persons, information about the practice of 25
the profession by registrants; 26
27
Example of `information about the practice of the profession by registrants'--
28
The languages, other than English, spoken by registrants.
(p) to perform other functions given to the board under this or 29
another Act. 30
31
Example for paragraph (p)--
32
Under the Health Practitioners (Professional Standards) Act 1999,
33
section 374, the board may develop codes of practice, or adopt another
34
entity's code of practice, to provide guidance to registrants as to
35
appropriate professional conduct or practice.
s 13 18 s 15
Pharmacists Registration Bill 2001
13 Board's independence etc. 1
In performing its functions, the board is to act independently, impartially 2
and in the public interest. 3
14 Powers of board 4
(1) The board has all the powers of an individual, and may, for 5
example-- 6
(a) enter into contracts; and 7
(b) enter into service agreements; and 8
(c) acquire, hold, dispose of, and deal with, property; and 9
(d) appoint agents and attorneys; and 10
(e) engage consultants; and 11
(f) fix charges, and other terms, for services and other facilities it 12
supplies; and 13
(g) do anything else necessary or convenient to be done for, or in 14
connection with, its functions. 15
(2) This section does not authorise the board to obtain administrative and 16
operational support other than as required by the Health Practitioner 17
Registration Boards (Administration) Act 1999. 18
(3) Without limiting subsection (1), the board has the powers given to it 19
under this or another Act. 20
(4) The board may exercise its powers inside or outside Queensland. 21
(5) Without limiting subsection (4), the board may exercise its powers 22
outside Australia. 23
15 Delegation by board 24
(1) The board may delegate its powers under this Act to-- 25
(a) a member; or 26
(b) a committee of the board consisting of appropriately qualified 27
persons, 1 of whom must be a member; or 28
(c) the executive officer; or 29
s 16 19 s 16
Pharmacists Registration Bill 2001
(d) with the agreement of the executive officer--an appropriately 1
qualified member of the office's staff. 2
(2) However, the board may not delegate its power under this Act-- 3
(a) to decide to register, or refuse to register, an applicant for 4
registration; or 5
(b) to decide to refuse to renew a renewable registration; or 6
(c) to decide to refuse to restore a renewable registration; or 7
(d) to decide to cancel a registration; or 8
(e) to decide to impose, or remove, conditions on a registration; or 9
(f) to enter into a service agreement. 10
(3) In this section-- 11
"appropriately qualified" includes having the qualifications, experience 12
or standing appropriate to exercise the power. 13
14
Example of `standing' for a member of the office's staff--
15
The staff member's classification level in the office.
Division 2--Membership 16
16 Membership of board 17
(1) The board consists of at least 7, but not more than 11, members 18
appointed by the Governor in Council. 19
(2) The board must include-- 20
(a) persons who are general registrants (the "registrant members"); 21
and 22
(b) persons (the "public members") having an interest in, and 23
knowledge of, consumer health issues who are not, and have not 24
been-- 25
(i) registered under a health practitioner registration Act or an 26
earlier corresponding Act; or 27
(ii) registered or enrolled under the Nursing Act 1992 or an 28
earlier corresponding Act; or 29
(iii) registered or enrolled under a law applying, or that applied, 30
in another State or foreign country that provides, or 31
s 17 20 s 18
Pharmacists Registration Bill 2001
provided, for the same matter as a health practitioner 1
registration Act or the Nursing Act 1992 or a provision of 2
the Act; and 3
(c) 1 lawyer nominated by the Minister. 4
(3) Also, the Minister may nominate persons who do not belong to the 5
categories of persons mentioned in subsection (2) to be members. 6
(4) A majority of the members must be registrant members. 7
(5) In this section-- 8
"earlier corresponding Act", in relation to a health practitioner 9
registration Act, means an earlier Act that provided for the same 10
matter as the health practitioner registration Act or a provision of the 11
health practitioner registration Act. 12
"earlier corresponding Act", in relation to the Nursing Act 1992, means 13
an earlier Act that provided for the same matter as the Nursing Act 14
1992 or a provision of the Nursing Act 1992. 15
17 Registrant members 16
The registrant members must consist of-- 17
(a) at least 2 general registrants nominated by the bodies the 18
Minister considers represent the interests of registrants; and 19
(b) if there are educational institutions established in the 20
State--1 general registrant nominated by the governing bodies of 21
the institutions chosen by the Minister; and 22
(c) at least 1 general registrant nominated by the Minister. 23
18 Public members 24
The public members must consist of-- 25
(a) at least 1 person nominated by community groups and other 26
entities the Minister considers have an interest in consumer 27
health issues; and 28
(b) at least 1 other person nominated by the Minister. 29
s 19 21 s 20
Pharmacists Registration Bill 2001
19 Certain nominee board members 1
(1) This section applies for the nomination of a person or persons for a 2
position or positions on the board under section 17(a) or (b) or 18(a). 3
(2) The Minister must give the entities who may make the nomination 4
notice stating a reasonable period within which they may nominate the 5
person or persons for the position or positions. 6
(3) The Minister may in the notice ask the entities to nominate more than 7
the required number of persons for the position or positions. 8
(4) Subject to subsections (5) and (6), if the entities nominate more than 9
the required number of persons for the position or positions-- 10
(a) the Minister must choose the nominee or nominees for the 11
position or positions from the nominations; and 12
(b) the person or persons chosen are taken to be the nominee or 13
nominees, under the relevant provision mentioned in 14
subsection (1), for the position or positions. 15
(5) Subsection (6) applies if-- 16
(a) the entities do not nominate a person or persons for the position 17
or positions within the period stated in the notice; or 18
(b) the entities nominate a number of persons for the position or 19
positions that is less than the number requested by the Minister 20
under subsection (3); or 21
(c) the person or any of the persons nominated by the entities are not 22
eligible to be appointed to the position or positions concerned. 23
(6) The Minister must nominate a person or persons eligible to be 24
appointed to the position or positions and the nomination or nominations 25
are taken to have been made by the entities. 26
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 27
nomination under subsection (6) may be of, or include, a person or persons 28
nominated by the entities. 29
20 Chairperson and deputy chairperson of board 30
(1) The Governor in Council is to appoint a registrant member to be the 31
chairperson, and another registrant member to be the deputy chairperson, 32
of the board. 33
s 21 22 s 22
Pharmacists Registration Bill 2001
(2) A person may be appointed as the chairperson or deputy chairperson 1
at the same time the person is appointed as a member. 2
(3) The chairperson or deputy chairperson holds office for the term 3
decided by the Governor in Council, unless the person's term of office as a 4
member ends sooner than the person's term of office as chairperson or 5
deputy chairperson. 6
(4) A vacancy occurs in the office of chairperson or deputy chairperson 7
if the person holding the office resigns the office by signed notice of 8
resignation given to the Minister or ceases to be a registrant member. 9
(5) However, a person resigning the office of chairperson or deputy 10
chairperson may continue to be a member. 11
(6) The deputy chairperson is to act as chairperson-- 12
(a) during a vacancy in the office of chairperson; and 13
(b) during all periods when the chairperson is absent from duty or, 14
for another reason, can not perform the functions of the office. 15
21 Term of appointment 16
A member is to be appointed for a term of not more than 4 years. 17
22 Disqualification from membership 18
(1) A person can not become, or continue as, a member if the person-- 19
(a) is affected by bankruptcy action; or 20
(b) is, or has been, convicted of an indictable offence; or 21
(c) is, or has been, convicted of an offence against this Act. 22
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 23
person-- 24
(a) is bankrupt; or 25
(b) has compounded with creditors; or 26
(c) as a debtor, has otherwise taken, or applied to take, advantage of 27
any law about bankruptcy. 28
s 23 23 s 25
Pharmacists Registration Bill 2001
23 Vacation of office 1
(1) A member is taken to have vacated office if the member-- 2
(a) resigns his or her position on the board by signed notice of 3
resignation given to the Minister; or 4
(b) can not continue as a member under section 22; or 5
(c) is absent without the board's permission from 3 consecutive 6
meetings of the board of which due notice has been given. 7
(2) Also, a member is taken to have vacated office in any of the 8
following circumstances-- 9
(a) if the member is a registrant member--the member stops being a 10
general registrant; 11
(b) if the member is a public member--the member stops being a 12
person mentioned in section 16(2)(b); 13
(c) if the member was nominated, for membership of the board, 14
under section 16(2)(c)--the member stops being a lawyer. 15
(3) In this section-- 16
"meeting" means the following-- 17
(a) if the member does not attend--a meeting with a quorum 18
present; 19
(b) if the member attends--a meeting with or without a quorum 20
present. 21
24 When notice of resignation takes effect 22
A notice of resignation under section 20(4) or 23(1)(a) takes effect when 23
the notice is given to the Minister or, if a later time is stated in the notice, 24
the later time. 25
25 Leave of absence for a member 26
(1) The Minister may approve a leave of absence for a member (the 27
"approved absent member") of more than 3 months. 28
(2) The Minister may appoint another person to act in the office of the 29
approved absent member while the member is absent on the approved 30
leave. 31
s 26 24 s 29
Pharmacists Registration Bill 2001
(3) A person appointed under subsection (2) must belong to the same 1
category of persons mentioned in section 16(2) or (3) to which the 2
approved absent member belongs. 3
(4) If the approved absent member is the deputy chairperson, the 4
Minister may appoint another registrant member to act in the deputy 5
chairperson's office while the deputy chairperson is absent on the approved 6
leave. 7
26 Effect of vacancy in membership of board 8
(1) Subsection (2) applies despite sections 16 to 18.1 9
(2) The performance of a function, or exercise of a power, by the board 10
is not affected merely because of a vacancy in the membership of the 11
board. 12
27 Remuneration of members 13
A member is entitled to be paid the fees and allowances decided by the 14
Governor in Council. 15
Division 3--Board business 16
28 Conduct of business 17
Subject to this division, the board may conduct its business, including its 18
meetings, in the way it considers appropriate. 19
29 Times and places of meetings 20
(1) Board meetings are to be held at the times and places the chairperson 21
decides. 22
(2) However, the chairperson must call a meeting if asked, in writing, to 23
do so by the Minister or at least the number of members forming a quorum 24
for the board. 25
1 Sections 16 (Membership of board), 17 (Registrant members) and 18 (Public
members)
s 30 25 s 32
Pharmacists Registration Bill 2001
30 Quorum 1
A quorum for the board is the number equal to one-half of the number of 2
its members or, if one-half is not a whole number, the next highest whole 3
number. 4
31 Presiding at meetings 5
(1) The chairperson is to preside at all meetings of the board at which the 6
chairperson is present. 7
(2) If the chairperson is absent from a board meeting, but the deputy 8
chairperson is present, the deputy chairperson is to preside. 9
(3) If the chairperson and deputy chairperson are both absent from a 10
board meeting or the offices are vacant, a registrant member chosen by the 11
members present is to preside. 12
32 Conduct of meetings 13
(1) A question at a board meeting is decided by a majority of the votes of 14
the members present. 15
(2) Each member present at the meeting has a vote on each question to 16
be decided and, if the votes are equal, the member presiding also has a 17
casting vote. 18
(3) A member present at the meeting who abstains from voting is taken 19
to have voted for the negative. 20
(4) The board may hold meetings, or allow members to take part in its 21
meetings, by using any technology allowing reasonably contemporaneous 22
and continuous communication between members taking part in the 23
meeting. 24
25
Example of `technology allowing reasonably contemporaneous and continuous
26
communication'--
27
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 28
taken to be present at the meeting. 29
(6) A resolution is validly made by the board, even if it is not passed at a 30
board meeting, if-- 31
(a) a majority of the board members gives written agreement to the 32
resolution; and 33
s 33 26 s 34
Pharmacists Registration Bill 2001
(b) notice of the resolution is given under procedures approved by 1
the board. 2
33 Minutes 3
(1) The board must keep-- 4
(a) minutes of its meetings; and 5
(b) a record of any resolutions made under section 32(6). 6
(2) Subsection (3) applies if a resolution is passed at a board meeting by 7
a majority of the members present. 8
(3) If asked by a member who voted against the passing of the 9
resolution, the board must record in the minutes of the meeting that the 10
member voted against the resolution. 11
Division 4--Board committees 12
34 Committees 13
(1) The board may establish committees of the board for effectively and 14
efficiently performing its functions. 15
(2) A committee may include a person who is not a member of the 16
board. 17
(3) The board is to decide the terms of reference of a committee. 18
(4) The functions of a committee are to-- 19
(a) advise and make recommendations to the board about matters, 20
within the scope of the board's functions, referred by the board to 21
the committee; and 22
(b) exercise powers delegated to it by the board.2 23
(5) A committee must keep a record of the decisions it makes when 24
exercising a power delegated to it by the board. 25
(6) The board may decide matters about a committee that are not 26
provided for under this Act, including, for example, the way a committee 27
must conduct meetings. 28
2 See section 15 for the board's power of delegation.
s 35 27 s 36
Pharmacists Registration Bill 2001
35 Remuneration of committee members 1
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
36 Disclosure of interests 6
(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 25
to give a direction under subsection (3) about the interested 26
person; or 27
(b) take part in making the decision about giving the direction. 28
(6) If-- 29
(a) because of this section, a board or committee member is not 30
present at a board or committee meeting for considering or 31
s 37 28 s 37
Pharmacists Registration Bill 2001
deciding an issue, or for considering or deciding whether to give 1
a direction under subsection (3); and 2
(b) there would be a quorum if the member were present; 3
the remaining persons present are a quorum of the board or committee for 4
considering or deciding the issue, or for considering or deciding whether to 5
give the direction, at the meeting. 6
(7) A disclosure under subsection (2) must be recorded in the board's or 7
committee's minutes. 8
(8) If the interested person is a registrant member, the person does not 9
have a direct or indirect interest in an issue if the interest arises merely 10
because the person is a registrant. 11
Division 6--Directions by Minister 12
37 Minister's power to give directions in the public interest 13
(1) The Minister may give the board a written direction about a matter 14
relevant to the performance of its functions under this Act if the Minister is 15
satisfied it is necessary to give the direction in the public interest. 16
(2) Without limiting subsection (1), the direction may be to-- 17
(a) give reports and information; or 18
(b) apply to the board a policy, standard or other instrument applying 19
to a public sector unit. 20
(3) The direction can not be about-- 21
(a) the registering of, or refusal to register, an applicant for 22
registration; or 23
(b) the renewing of, or refusal to renew, a renewable registration; or 24
(c) the restoring of, or refusal to restore, a renewable registration; or 25
(d) the cancelling of a registration; or 26
(e) the imposing, or removal, of conditions on a registration. 27
(4) Despite section 13,3 the board must comply with the direction. 28
3 Section 13 (Board's independence etc.)
s 38 29 s 39
Pharmacists Registration Bill 2001
Division 7--Annual reports 1
38 Matters to be included in annual report 2
(1) The board's annual report under the Financial Administration and 3
Audit Act 1977 for a financial year must include the following-- 4
(a) copies of all ministerial directions given to the board under 5
section 37 during the financial year; 6
(b) the number of registrants at the end of the financial year; 7
(c) details of the amount of the board's funds spent, in the financial 8
year, on investigations and inspections under part 5;4 9
(d) details of the amount of the board's funds spent, in the financial 10
year, on developing or adopting training programs in the practice 11
of the profession that are relevant to a person's eligibility for 12
registration; 13
(e) details of the amount of the board's funds spent in the financial 14
year on research, relevant to the legislative scheme, into the 15
regulation of the profession; 16
(f) details of any policies or programs developed, or initiatives 17
taken, by the board in the financial year for the general benefit of 18
users of registrants' services. 19
(2) However, the board must exclude from the copies mentioned in 20
subsection (1)(a) all information likely to identify a person mentioned in 21
the direction. 22
Division 8--Other provisions about the board 23
39 Board is statutory body under the Financial Administration and 24
Audit Act 1977 25
The board is a statutory body under the Financial Administration and 26
Audit Act 1977. 27
4 Part 5 (Investigation and enforcement)
s 40 30 s 43
Pharmacists Registration Bill 2001
40 Board is statutory body under the Statutory Bodies Financial 1
Arrangements Act 1982 2
(1) The board is a statutory body under the Statutory Bodies Financial 3
Arrangements Act 1982. 4
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 5
sets out the way in which the board's powers under this Act are affected by 6
the Statutory Bodies Financial Arrangements Act 1982. 7
41 Board's common seal 8
The board's common seal is to be kept in the custody of a person 9
nominated by the board and may be used only as authorised by the board. 10
PART 3--REGISTRATION 11
Division 1--Preliminary 12
42 Who may apply for registration 13
Only an individual may apply for registration. 14
Division 2--Applications for general registration 15
Subdivision 1--Applications 16
43 Procedural requirements for applications 17
(1) An application for general registration must-- 18
(a) be made to the board; and 19
(b) be in the approved form; and 20
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 44 31 s 44
Pharmacists Registration Bill 2001
(c) be accompanied by-- 1
(i) satisfactory evidence of-- 2
(A) relevant qualifications; and 3
(B) having completed training in the practice of the 4
profession under section 47; and 5
(C) having completed a period of practice in the profession 6
under section 48; and 7
(ii) the application fee prescribed under a regulation (the 8
"application fee"); and 9
(iii) the registration fee prescribed under a regulation (the 10
"registration fee"); and 11
(iv) any other documents, identified in the approved form, the 12
board reasonably requires; and 13
(v) if the applicant is registered under a corresponding law, 14
written details of any conditions of the registration. 15
(2) Information in the application must, if the approved form requires, be 16
verified by a statutory declaration. 17
Subdivision 2--Eligibility for general registration 18
44 Eligibility 19
(1) An applicant for general registration is eligible for general 20
registration if-- 21
(a) the applicant is qualified for general registration under 22
section 45; and 23
(b) the applicant is fit to practise the profession; and 24
(c) the applicant has completed training in the practice of the 25
profession under section 47; and 26
(d) the applicant has completed a period of practice in the profession 27
under section 48. 28
s 45 32 s 45
Pharmacists Registration Bill 2001
(2) Without limiting subsection (1), the board may be satisfied the 1
applicant is eligible for general registration by imposing conditions on the 2
registration under section 61.6 3
45 When applicant is qualified for general registration 4
(1) An applicant for general registration is qualified for general 5
registration if-- 6
(a) the applicant has a qualification prescribed under a regulation; or 7
(b) the applicant has a qualification that is substantially equivalent 8
to, or based on similar competencies to that required for, a 9
current Australian or New Zealand qualification; or 10
(c) the applicant has passed a qualifying examination in the 11
profession set by or for, or recognised by, the board. 12
(2) In deciding whether subsection (1)(b) is satisfied, the board may 13
have regard to the following-- 14
(a) the advice and recommendations of-- 15
(i) an entity recognised by the board as competent to assess 16
qualifications in the profession; or 17
(ii) an entity responsible for accrediting courses, or accrediting 18
institutions to educate persons, for the profession; 19
(b) the attributes of the course leading to the applicant's 20
qualification; 21
22
Example of `attributes' of a course--
23
The course objectives and competencies.
(c) any other relevant issue. 24
(3) In this section-- 25
"current Australian or New Zealand qualification" means an Australian 26
or New Zealand qualification, mentioned in a regulation made under 27
subsection (1)(a), that may be conferred or awarded as a result of the 28
successful completion of a course offered, at the date of the 29
applicant's application for general registration, by the educational 30
institution mentioned in relation to the qualification. 31
6 Section 61 (Imposition of conditions by board)
s 46 33 s 46
Pharmacists Registration Bill 2001
46 Fitness to practise the profession 1
(1) In deciding whether an applicant for general registration is fit to 2
practise the profession, the board may have regard to the following-- 3
(a) the applicant's mental and physical health; 4
(b) the applicant's command of the English language; 5
(c) whether the applicant has been convicted of an indictable 6
offence; 7
(d) whether the applicant has been convicted of an offence against 8
the repealed Act, this Act, the Health Practitioners (Professional 9
Standards) Act 1999 or a corresponding law; 10
(e) whether the applicant has been convicted of an offence, relating 11
to the practice of the profession, against a law applying, or that 12
applied, in the State, the Commonwealth, another State or a 13
foreign country (other than laws mentioned in paragraph (d)), 14
including, for example an offence of that type against-- 15
(i) the Health Act 1937; or 16
(ii) the Fair Trading Act 1989; 17
(f) if the applicant has been registered under this Act or the repealed 18
Act or is, or has been, registered under a corresponding law and 19
the registration was affected-- 20
(i) by the imposition of a condition--the nature of the 21
condition and the reason for its imposition; or 22
(ii) by its suspension or cancellation--the reason for its 23
suspension or cancellation; or 24
(iii) in another way--the way it was affected and the reason for 25
it being affected; 26
(g) if the qualification relied on by the applicant to obtain 27
registration was conferred or awarded on a day (the 28
"qualification day") that is more than 3 years before the date of 29
application, the nature, extent and period of any practice of the 30
profession by the applicant since the qualification day; 31
(h) any other issue relevant to the applicant's ability to competently 32
and safely practise the profession. 33
(2) In subsection (1)(c), (d) or (e), mention of a conviction does not 34
include a conviction that is not part of the applicant's criminal history. 35
s 47 34 s 47
Pharmacists Registration Bill 2001
(3) For subsection (1)(g)-- 1
(a) the passing of an examination mentioned in section 45(1)(c) is 2
taken to be a qualification; and 3
(b) the day the examination was passed is taken to be the 4
qualification day. 5
(4) The board may ask the commissioner of the police service for a 6
written report about an applicant's criminal history. 7
(5) If asked by the board, the commissioner of the police service must 8
give the board a written report about the criminal history of the applicant, 9
including the criminal history in the commissioner's possession or to 10
which the commissioner has access. 11
(6) In this section-- 12
"criminal history", of an applicant, means the applicant's criminal history 13
as defined under the Criminal Law (Rehabilitation of Offenders) Act 14
1986, other than convictions for which the rehabilitation period has 15
expired, and not been revived, under that Act. 16
47 Training required for general registration 17
(1) An applicant for general registration has completed training in the 18
practice of the profession if-- 19
(a) the applicant has satisfactorily completed a prescribed training 20
course; or 21
(b) the applicant has satisfactorily completed a training course that, 22
in the board's reasonable opinion, is substantially equivalent to a 23
prescribed training course; or 24
(c) the applicant has experience in the practice of the profession and, 25
in the board's reasonable opinion, the skills and knowledge 26
obtained from the experience are equivalent to the skills and 27
knowledge obtained from satisfactory completion of the 28
prescribed training course; or 29
(d) the applicant has experience in the practice of the profession and 30
has completed part of the prescribed training course and, in the 31
board's reasonable opinion, the skills and knowledge obtained 32
from the experience and partial completion of the course are 33
equivalent to the skills and knowledge obtained from satisfactory 34
completion of the prescribed training course. 35
s 48 35 s 48
Pharmacists Registration Bill 2001
(2) In deciding whether a training course is substantially equivalent to a 1
prescribed training course, the board may have regard to the following-- 2
(a) the course objectives and competencies; 3
(b) the course outcomes; 4
(c) the subjects included in the course; 5
(d) the advice and recommendations of an entity recognised by the 6
board as competent to assess practice in the profession; 7
(e) any other relevant issue. 8
(3) In this section-- 9
"prescribed training course" means a training course prescribed under a 10
regulation. 11
48 Practice required for general registration 12
An applicant for general registration has completed a period of practice 13
in the profession if-- 14
(a) the applicant has completed a period of practice in the profession 15
("supervised practice") under the supervision of a registrant in 16
a way that complies with the requirements prescribed under a 17
regulation; or 18
(b) the applicant has postgraduate qualifications in pharmacy and has 19
completed part of the supervised practice and, in the board's 20
reasonable opinion, the skills and knowledge obtained from the 21
qualifications and partial completion of the supervised practice 22
are equivalent to the skills and knowledge obtained from 23
completion of supervised practice; or 24
(c) the applicant has completed, in another State, a period of practice 25
("interstate practice") that is, in the board's reasonable opinion, 26
equivalent to completion of supervised practice; or 27
(d) the applicant has completed part of a period of interstate practice 28
and part of the supervised practice and, in the board's reasonable 29
opinion, the partial completion of the interstate practice and 30
supervised practice are equivalent to completion of supervised 31
practice; or 32
(e) the applicant has experience in the practice of the profession and, 33
in the board's reasonable opinion, the skills and knowledge 34
s 49 36 s 50
Pharmacists Registration Bill 2001
obtained from the experience are equivalent to the skills and 1
knowledge obtained from completion of supervised practice; or 2
(f) the applicant has experience in the practice of the profession and 3
has completed part of the supervised practice and, in the board's 4
reasonable opinion, the skills and knowledge obtained from the 5
experience and partial completion of supervised practice are 6
equivalent to the skills and knowledge obtained from completion 7
of supervised practice. 8
49 Experience in the practice of the profession 9
In deciding whether an applicant for general registration has skills and 10
knowledge obtained from experience in the practice of the profession that 11
are equivalent to the skills and knowledge obtained from satisfactory 12
completion of the prescribed training course or supervised practice, the 13
board may have regard to-- 14
(a) the length of the period for which the applicant has practised the 15
profession; and 16
(b) the nature, extent and recency of the applicant's practice of the 17
profession; and 18
(c) the applicant's knowledge of Australian practices and 19
requirements relating to the practice of the profession. 20
Subdivision 3--Inquiries into applications 21
50 Board's powers before deciding applications 22
(1) Before deciding the application, the board-- 23
(a) may investigate the applicant; and 24
(b) may, by notice given to the applicant, require the applicant to 25
give the board, within a reasonable time of at least 30 days stated 26
in the notice, further information or a document the board 27
reasonably requires to decide the application; and 28
(c) may, by notice given to the applicant, require the applicant to 29
undergo a written, oral or practical examination within a 30
reasonable time of at least 30 days stated in the notice, and at a 31
reasonable place; and 32
s 51 37 s 51
Pharmacists Registration Bill 2001
(d) may, by notice given to the applicant, require the applicant to 1
undergo a health assessment within a reasonable time of at least 2
30 days stated in the notice, and at a reasonable place. 3
(2) The board may require the information or document mentioned in 4
subsection (1)(b) to be verified by a statutory declaration. 5
(3) The purpose of an examination under subsection (1)(c) must be to 6
assess the applicant's ability to competently and safely practise the 7
profession. 8
(4) The purpose of an assessment under subsection (1)(d) must be to 9
assess the applicant's mental and physical capacity to competently and 10
safely practise the profession. 11
(5) The applicant is taken to have withdrawn the application if, within 12
the stated time, the applicant-- 13
(a) does not comply with a requirement under subsection (1)(b); or 14
(b) does not undergo an examination under subsection (1)(c); or 15
(c) does not undergo an assessment under subsection (1)(d). 16
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 17
applicant within 60 days after the board receives the application. 18
(7) Also, a notice under subsection (1)(d) must state-- 19
(a) the reason for the assessment; and 20
(b) the name and qualifications of the person appointed by the board 21
to conduct the assessment; and 22
(c) the place where, and the day and time at which, the assessment is 23
to be conducted. 24
51 Appointment of appropriately qualified person to conduct health 25
assessment 26
(1) This section applies if the board believes it is necessary for the 27
applicant to undergo a health assessment under section 50(1)(d). 28
(2) The board may appoint 1 or more appropriately qualified persons to 29
conduct the assessment, in whole or part. 30
(3) At least 1 of the persons appointed to conduct the assessment must be 31
a medical practitioner. 32
s 52 38 s 53
Pharmacists Registration Bill 2001
(4) Before appointing a person to conduct a health assessment, the board 1
must be satisfied the person does not have a personal or professional 2
connection with the applicant that may prejudice the way in which the 3
person conducts the assessment. 4
(5) In this section-- 5
"appropriately qualified", for a medical practitioner or other person 6
conducting a health assessment, includes having the qualifications, 7
experience, skills or knowledge appropriate to conduct the 8
assessment. 9
52 Report about health assessment 10
(1) A person appointed under section 51 to conduct all or part of a health 11
assessment of the applicant must prepare a report about the assessment (an 12
"assessment report"). 13
(2) The assessment report must include-- 14
(a) the person's findings as to the applicant's mental and physical 15
capacity to competently and safely practise the profession; and 16
(b) if the person finds the applicant does not have the mental and 17
physical capacity to practise the profession, the person's 18
recommendations as to any conditions that could be imposed on 19
the applicant's registration as a general registrant to overcome 20
the incapacity. 21
(3) The person must give the assessment report to the board. 22
53 Use of assessment report 23
(1) An assessment report is not admissible in any proceedings, other 24
than stated proceedings. 25
(2) A person can not be compelled to produce the report, or to give 26
evidence relating to the report or its contents, in any proceedings, other 27
than stated proceedings. 28
(3) Subsections (1) and (2) do not apply if the report is admitted or 29
produced, or evidence relating to the report or its contents is given, with the 30
consent of the person who prepared the report and the person to whom the 31
report relates. 32
(4) In this section-- 33
s 54 39 s 56
Pharmacists Registration Bill 2001
"assessment report" includes a copy of the report, or a part of the report 1
or copy. 2
"proceedings under the Health Practitioners (Professional Standards) 3
Act 1999" includes a health assessment of a registrant by a health 4
assessment committee under that Act. 5
"stated proceedings" means-- 6
(a) a review of conditions under division 7;7 or 7
(b) an appeal started under part 6;8 or 8
(c) proceedings under the Health Practitioners (Professional 9
Standards) Act 1999, not including proceedings for an offence 10
against that Act. 11
54 Payment for health assessments and reports 12
A person who conducts a health assessment and prepares an assessment 13
report for the board is entitled to be paid for his or her work by the board. 14
Subdivision 4--Decision on applications 15
55 Decision 16
The board must consider the application and decide to register, or refuse 17
to register, the applicant as a general registrant. 18
56 Steps to be taken after application decided 19
(1) If the board decides to register the applicant as a general registrant, it 20
must as soon as practicable issue a certificate of general registration to the 21
applicant. 22
(2) If the board decides to refuse to register the applicant as a general 23
registrant, it must as soon as practicable give the applicant an information 24
notice about the decision. 25
7 Division 7 (Reviewing conditions of general registrations)
8 Part 6 (Appeals)
s 57 40 s 58
Pharmacists Registration Bill 2001
57 Failure to decide applications 1
(1) Subject to subsections (2) and (3), if the board fails to decide the 2
application within 60 days after its receipt, the failure is taken to be a 3
decision by the board to refuse to register the applicant as a general 4
registrant. 5
(2) Subsection (3) applies if the board has-- 6
(a) under section 50(1)(b),9 required the applicant to give the board 7
further information or a document; or 8
(b) under section 50(1)(c), required the applicant to undergo an 9
examination; or 10
(c) under section 50(1)(d), required the applicant to undergo a health 11
assessment. 12
(3) The board is taken to have decided to refuse to register the applicant 13
as a general registrant if it fails to decide the application by the latest of the 14
following days-- 15
(a) the day that is 60 days after the board receives the further 16
information or document; 17
(b) the day that is 60 days after the board receives the results of the 18
examination; 19
(c) the day that is 60 days after the board receives the assessment 20
report. 21
(4) This section does not apply if the applicant is registered as a 22
provisional general registrant.10 23
(5) This section is subject to section 58. 24
58 Further consideration of applications 25
(1) This section applies if the board considers it needs further time to 26
make a decision on the application because of the complexity of the 27
matters that need to be considered in deciding the application. 28
9 Section 50 (Board's powers before deciding applications)
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 41 s 58
Pharmacists Registration Bill 2001
1
Example of an application for general registration that may require the consideration of
2
complex matters--
3
An application requiring the board to obtain and consider information about the
4
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 5
notice to the applicant that-- 6
(a) because of the complexity of the matters that need to be 7
considered in deciding the application, the board needs further 8
time to decide the application; and 9
(b) the period within which the board must decide the application is 10
extended to a day (the "extended day") that is 60 days after the 11
final consideration day. 12
(3) Also, the applicant and board may at any time before the final 13
consideration day agree in writing on a day (the "agreed extended day") 14
by which the application is to be decided. 15
(4) The board is taken to have decided to refuse to register the applicant 16
as a general registrant if it does not decide the application by-- 17
(a) if subsection (2) applies--the extended day; or 18
(b) if subsection (3) applies--the agreed extended day; or 19
(c) if both subsections (2) and (3) apply--the later of the extended 20
day or agreed extended day. 21
(5) Subsection (4) does not apply if the applicant is registered as a 22
provisional general registrant.11 23
(6) In this section-- 24
"final consideration day" means the latest of the following days-- 25
(a) the day that is 60 days after receipt of the application; 26
(b) if the board has, under section 50(1)(b), required the applicant to 27
give the board further information or a document--the day that is 28
60 days after the board receives the further information or 29
document; 30
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 42 s 60
Pharmacists Registration Bill 2001
(c) if the board has, under section 50(1)(c), required the applicant to 1
undergo an examination--the day that is 60 days after the board 2
receives the results of the examination; 3
(d) if the board has, under section 50(1)(d), required the applicant to 4
undergo a health assessment--the day that is 60 days after the 5
board receives the assessment report. 6
Subdivision 5--Information in certificates of general registration 7
59 Forms of certificates of general registration 8
(1) A certificate of general registration must be in the approved form. 9
(2) The approved form must provide for the inclusion of the following-- 10
(a) the registrant's name; 11
(b) the period of the registration; 12
(c) any conditions of registration. 13
Subdivision 6--Period of general registration 14
60 Period 15
(1) The period of registration that is to apply to general registrants is the 16
period (the "general registration period"), not more than 3 years, 17
prescribed under a regulation. 18
(2) If the board decides to register an applicant for general registration as 19
a general registrant during a general registration period, the registration 20
remains in force for the period-- 21
(a) commencing on the day when the board makes the decision; and 22
(b) ending on the last day of the general registration period. 23
s 61 43 s 62
Pharmacists Registration Bill 2001
Subdivision 7--Conditions of general registration 1
61 Imposition of conditions by board 2
(1) The board may decide to register an applicant for general registration 3
as a general registrant on conditions the board considers necessary or 4
desirable for the applicant to competently and safely practise the 5
profession. 6
7
Examples of conditions of general registration--
8
1. A condition that a general registrant only practise the profession under the
9
supervision of another general registrant.
10
2. A condition prohibiting a general registrant engaging in stated procedures related
11
to the practice of the profession.
(2) If the board decides to register an applicant for general registration as 12
a general registrant on conditions, it must as soon as practicable-- 13
(a) also decide the review period applying to the conditions;12 and 14
(b) give the applicant an information notice about the decisions. 15
(3) If the board decides to register an applicant for general registration as 16
a general registrant on conditions because of the applicant's mental and 17
physical health, it must also decide whether details of the conditions must 18
be recorded in the register for the period for which the conditions are in 19
force. 20
(4) The board must decide not to record details of the conditions 21
mentioned in subsection (3) in the register unless it reasonably believes it is 22
in the interests of users of the registrant's services or the public to know the 23
details. 24
62 Contravention of conditions 25
A general registrant must not contravene a condition of the registration 26
imposed under this Act. 27
Maximum penalty--100 penalty units. 28
12 The conditions may be reviewed under division 7 (Reviewing conditions of general
registrations).
s 63 44 s 64
Pharmacists Registration Bill 2001
Division 3--Provisional general registration 1
63 Meaning of "authorised person" for div 3 2
(1) In this division-- 3
"authorised person" means any of the following persons who are 4
authorised by the board to decide to register a person as a provisional 5
general registrant-- 6
(a) the executive officer; 7
(b) a member; 8
(c) a member of the office's staff. 9
(2) An authority mentioned in subsection (1) may be limited by 10
reference to specified conditions, exceptions or factors. 11
64 Provisional general registration of a person 12
(1) Subsection (2) applies if an authorised person reasonably 13
considers-- 14
(a) an applicant for general registration is eligible for the registration 15
without conditions; and 16
(b) because of the period before the board is likely to consider the 17
application in the ordinary course of its business, it is not 18
reasonable for the applicant to have to wait for the board to 19
consider the application. 20
(2) The authorised person may decide to register the applicant as a 21
provisional general registrant. 22
(3) Subsection (4) applies if an authorised person or the board-- 23
(a) reasonably considers, subject to an applicant for general 24
registration giving the board further evidence of the applicant's 25
relevant qualification, the applicant is eligible for the registration 26
without conditions; or 27
(b) reasonably considers-- 28
(i) an applicant for general registration would be eligible for 29
general registration without conditions, other than for the 30
fact that the relevant qualification relied on by the applicant 31
has not been conferred on, or awarded to, the applicant; and 32
s 65 45 s 66
Pharmacists Registration Bill 2001
(ii) the applicant is entitled to have the relevant qualification 1
conferred on, or awarded to, him or her. 2
(4) The authorised person or board may decide to register the applicant 3
as a provisional general registrant. 4
(5) If the authorised person or board decides to register the applicant as a 5
provisional general registrant, the authorised person or board must as soon 6
as practicable issue a certificate of provisional general registration to the 7
applicant. 8
(6) An authorised person or the board may not decide to register a person 9
as a provisional general registrant on conditions. 10
65 Confirmation or cancellation of provisional general registration 11
(1) If an authorised person decides to register an applicant for general 12
registration as a provisional general registrant, the authorised person must 13
as soon as practicable report to the board about the basis for the authorised 14
person's decision. 15
(2) The board must consider the report and decide whether to confirm or 16
cancel the provisional general registration. 17
(3) In making its decision, the board must consider whether the 18
authorised person should have decided to register the applicant as a 19
provisional general registrant. 20
(4) If the board decides to cancel the provisional general registration, it 21
must as soon as practicable give the applicant notice of its decision. 22
66 Procedure after cancellation of provisional general registration 23
(1) This section applies if the board decides, under section 65, to cancel 24
a person's provisional general registration. 25
(2) The notice of cancellation must include the reason for the decision. 26
(3) The decision takes effect on the day the notice is given to the person. 27
(4) The person must return the certificate of provisional general 28
registration to the board within 14 days after receiving the notice, unless 29
the person has a reasonable excuse. 30
Maximum penalty--10 penalty units. 31
s 67 46 s 70
Pharmacists Registration Bill 2001
(5) Even though the board decides to cancel a person's provisional 1
general registration, it must still consider the person's application for 2
general registration. 3
67 Form of certificate of provisional general registration 4
(1) A certificate of provisional general registration must be in the 5
approved form. 6
(2) The approved form must provide for the inclusion of the following-- 7
(a) the registrant's name; 8
(b) the period of the registration. 9
68 Period 10
The provisional general registration of a person remains in force for the 11
period, not more than 6 months, decided by the authorised person or board 12
when deciding to register the person as a provisional general registrant. 13
69 Board decides to register provisional general registrant as a 14
general registrant 15
(1) This section applies if-- 16
(a) a person is a provisional general registrant; and 17
(b) the board decides to register the person as a general registrant. 18
(2) The provisional general registration is cancelled when the person 19
receives a certificate of general registration under section 56(1).13 20
(3) The general registration is taken to have started from the day the 21
person was registered as a provisional general registrant. 22
70 Board decides to refuse to register provisional general registrant 23
as a general registrant 24
(1) This section applies if-- 25
(a) a person is a provisional general registrant; and 26
13 Section 56 (Steps to be taken after application decided)
s 71 47 s 72
Pharmacists Registration Bill 2001
(b) the board decides to refuse to register the person as a general 1
registrant. 2
(2) The provisional general registration is cancelled when an 3
information notice about the decision is given to the person under section 4
56(2). 5
(3) The person must return the certificate of provisional general 6
registration to the board within 14 days after receiving the information 7
notice, unless the person has a reasonable excuse. 8
Maximum penalty for subsection (3)--10 penalty units. 9
71 Deemed refusal by board to register provisional general registrant 10
as a general registrant 11
(1) This section applies if-- 12
(a) a person is a provisional general registrant; and 13
(b) other than for section 57(4) or 58(5),14 the board would have been 14
taken to have decided to refuse to register the person as a general 15
registrant. 16
(2) The board is taken to have decided to refuse to register the person as 17
a general registrant on the expiry of the provisional general registration. 18
Division 4--Renewal of general registrations 19
Subdivision 1--Preliminary 20
72 Meaning of "recency of practice requirements" 21
(1) "Recency of practice requirements" are requirements, prescribed 22
under a regulation, that if satisfied demonstrate that an applicant for 23
renewal of a general registration has maintained an adequate connection 24
with the profession. 25
(2) The requirements may include requirements about the following-- 26
14 Section 57 (Failure to decide applications) or 58 (Further consideration of
applications)
s 73 48 s 74
Pharmacists Registration Bill 2001
(a) the nature, extent and period of practice of the profession by the 1
applicant; 2
(b) the nature and extent of any continuing professional education 3
undertaken by the applicant; 4
(c) the nature and extent of any research, study or teaching, relating 5
to the profession, undertaken by the applicant; 6
(d) the nature and extent of any administrative work, relating to the 7
profession, performed by the applicant. 8
Subdivision 2--Applications for renewal of general registrations 9
73 Notification of imminent expiry of registration 10
The board must give a general registrant notice of the imminent expiry 11
of the registration at least 60 days before the expiry. 12
74 Procedural requirements for applications 13
(1) A general registrant may apply to the board for the renewal of the 14
registration. 15
(2) The application must be made within the period-- 16
(a) starting-- 17
(i) 60 days before the expiry of the registration; or 18
(ii) on an earlier day, if any, stated in the notice given to the 19
registrant under section 73; and 20
(b) ending immediately before the expiry. 21
(3) The application must-- 22
(a) be in the approved form; and 23
(b) be accompanied by-- 24
(i) the registration fee; and 25
(ii) any documents, identified in the approved form, the board 26
reasonably requires to decide the application. 27
(4) Information in the application must, if the approved form requires, be 28
verified by a statutory declaration. 29
s 75 49 s 76
Pharmacists Registration Bill 2001
(5) The approved form must require the applicant to state the 1
following-- 2
(a) whether the applicant suffers from any ongoing medical 3
condition, of which the applicant is aware, that the applicant 4
knows or ought reasonably to know adversely affects the 5
applicant's ability to competently and safely practise the 6
profession;15 7
(b) if there are recency of practice requirements relevant to the 8
applicant, details of the extent to which the applicant has satisfied 9
the requirements. 10
75 General registration taken to be in force while application is 11
considered 12
(1) If an application is made under section 74, the applicant's general 13
registration is taken to continue in force from the day it would, apart from 14
this section, have expired until-- 15
(a) if the board decides to renew the applicant's general 16
registration--the day a new certificate of general registration is 17
issued to the applicant under section 79(1); or 18
(b) if the board decides to refuse to renew the applicant's general 19
registration--the day an information notice about the decision is 20
given to the applicant under section 79(2); or 21
(c) if the application is taken to have been withdrawn under 22
section 76(4)--the day it is taken to have been withdrawn. 23
(2) Subsection (1) does not apply if the registration is earlier cancelled 24
under this Act or suspended or cancelled under the Health Practitioners 25
(Professional Standards) Act 1999. 26
Subdivision 3--Decision on applications 27
76 Inquiries into applications 28
(1) Before deciding the application, the board-- 29
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 50 s 77
Pharmacists Registration Bill 2001
(a) may investigate the applicant; and 1
(b) may, by notice given to the applicant, require the applicant to 2
give the board, within a reasonable time of at least 30 days stated 3
in the notice, further information or a document the board 4
reasonably requires to decide the application; and 5
(c) may, if the board is not satisfied the applicant has satisfied 6
recency of practice requirements, by notice given to the 7
applicant, require the applicant to undergo a written, oral or 8
practical examination within a reasonable time of at least 30 days 9
stated in the notice, and at a reasonable place. 10
(2) The board may require the information or document mentioned in 11
subsection (1)(b) to be verified by a statutory declaration. 12
(3) The purpose of an examination under subsection (1)(c) must be to 13
assess any effect the applicant's non-satisfaction of the requirements has 14
on the applicant's ability to competently and safely practise the profession. 15
(4) The applicant is taken to have withdrawn the application if, within 16
the stated time, the applicant-- 17
(a) does not comply with a requirement under subsection (1)(b); or 18
(b) does not undergo an examination under subsection (1)(c). 19
77 Decision 20
(1) The board must consider the application and decide to renew, or 21
refuse to renew, the applicant's general registration. 22
(2) In making its decision, the board must have regard only to the extent, 23
if any, to which the applicant has satisfied recency of practice 24
requirements.16 25
(3) If there are no recency of practice requirements relevant to the 26
applicant, the board must decide to renew the applicant's general 27
registration. 28
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 51 s 78
Pharmacists Registration Bill 2001
78 Recency of practice requirements are not satisfied 1
(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 4
on 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 52 s 81
Pharmacists Registration Bill 2001
79 Steps to be taken after application decided 1
(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 9
to the conditions attaching to the registration immediately before the 10
decision takes effect.18 11
Division 5--Restoration of general registrations 12
80 Application of div 4, sdivs 1 and 3 13
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 18
applicant for restoration of a general registration; and 19
(c) a renewal of a general registration were a restoration of a general 20
registration. 21
81 When an application for restoration of a general registration may 22
be made 23
If a person's general registration has expired, the person may apply to 24
the board for restoration of the registration within 3 months after the 25
expiry. 26
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 82 53 s 83
Pharmacists Registration Bill 2001
82 Procedural requirements for applications 1
(1) The application must-- 2
(a) be in the approved form; and 3
(b) be accompanied by-- 4
(i) the restoration fee prescribed under a regulation (the 5
"restoration fee"); and 6
(ii) any documents, identified in the approved form, the board 7
reasonably requires to decide the application. 8
(2) Information in the application must, if the approved form requires, be 9
verified by a statutory declaration. 10
(3) The approved form must require the applicant to state the 11
following-- 12
(a) whether the applicant suffers from any ongoing medical 13
condition, of which the applicant is aware, that the applicant 14
knows or ought reasonably to know adversely affects the 15
applicant's ability to competently and safely practise the 16
profession;20 17
(b) if there are recency of practice requirements relevant to the 18
applicant, details of the extent to which the applicant has satisfied 19
the requirements. 20
83 Period of restored registration 21
If the board decides to restore the applicant's general registration during 22
a general registration period, the registration remains in force for the 23
period-- 24
(a) commencing on the day when the board makes the decision; and 25
(b) ending on the last day of the general registration period. 26
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 54 s 87
Pharmacists Registration Bill 2001
84 Conditions of expired registration 1
Without affecting section 78(2), as applied by section 80, if the board 2
decides to restore the applicant's general registration, the registration is 3
subject to the conditions attaching to the registration immediately before its 4
expiry. 5
85 When recency of practice conditions take effect 6
If the board decides to restore the applicant's general registration on 7
recency of practice conditions, the imposition of the conditions takes effect 8
when the information notice about the decision is given by the board to the 9
applicant. 10
Division 6--Cancellation of general registrations 11
86 Ground for cancellation 12
A person's general registration may be cancelled, under this division, on 13
the ground that the person was registered because of a materially false or 14
misleading representation or declaration. 15
87 Show cause notice 16
(1) If the board believes the ground exists to cancel a general 17
registration, the board must before taking action to cancel the registration 18
give the registrant a notice (a "show cause notice"). 19
(2) The show cause notice must-- 20
(a) state the board proposes to cancel the registration; and 21
(b) state the ground for the proposed cancellation; and 22
(c) outline the facts and circumstances forming the basis for the 23
ground; and 24
(d) invite the registrant to show within a stated period (the "show 25
cause period") why the registration should not be cancelled. 26
(3) The show cause period must be a period ending not less than 21 days 27
after the show cause notice is given to the registrant. 28
s 88 55 s 91
Pharmacists Registration Bill 2001
88 Representations about show cause notices 1
(1) The registrant may make written representations about the show 2
cause notice to the board in the show cause period. 3
(2) The board must consider all written representations (the "accepted 4
representations") made under subsection (1). 5
89 Ending show cause process without further action 6
(1) This section applies if, after considering the accepted representations 7
for the show cause notice, the board no longer believes the ground exists to 8
cancel the registration. 9
(2) The board must not take any further action about the show cause 10
notice. 11
(3) The board must also as soon as practicable after coming to the belief 12
give notice to the registrant that no further action is to be taken about the 13
show cause notice. 14
90 Cancellation 15
(1) This section applies if, after considering the accepted representations 16
for the show cause notice, the board-- 17
(a) still believes the ground exists to cancel the registration; and 18
(b) believes cancellation of the registration is warranted. 19
(2) This section also applies if there are no accepted representations for 20
the show cause notice. 21
(3) The board may decide to cancel the registration. 22
(4) If the board decides to cancel the registration, it must as soon as 23
practicable give the registrant an information notice about the decision. 24
(5) The decision takes effect on the day the information notice is given 25
to the registrant. 26
91 Return of cancelled certificate of general registration to board 27
(1) This section applies if the board decides to cancel a general 28
registration and gives an information notice for the decision to the 29
registrant. 30
s 92 56 s 93
Pharmacists Registration Bill 2001
(2) The registrant must return the certificate of general registration to the 1
board within 14 days after receiving the information notice, unless the 2
registrant has a reasonable excuse. 3
Maximum penalty for subsection (2)--10 penalty units. 4
Division 7--Reviewing conditions of general registrations 5
Subdivision 1--Review of conditions imposed by the board or District 6
Court 7
92 Review of conditions 8
Conditions imposed on a general registration under this Act may be 9
reviewed under this division. 10
93 How registrant may start a review 11
(1) The registrant to whom the conditions relate may apply to the board 12
for a review of the conditions. 13
(2) However, the application must not be made-- 14
(a) during the review period applying to the conditions; or 15
(b) while an appeal to the District Court about the decision to impose 16
the conditions is pending. 17
(3) The application must-- 18
(a) be in the approved form; and 19
(b) be accompanied by the fee prescribed under a regulation. 20
(4) The approved form must require the registrant to state-- 21
(a) that the registrant believes the conditions are no longer 22
appropriate; and 23
(b) the reason for the registrant's belief. 24
(5) The board must consider the application and make a decision under 25
section 98. 26
s 94 57 s 95
Pharmacists Registration Bill 2001
94 Review of conditions during review period 1
(1) This section applies if, during the review period applying to the 2
conditions, the board reasonably believes the conditions may no longer be 3
appropriate. 4
(2) The board may, with the written agreement of the registrant to whom 5
the conditions relate, review the conditions. 6
95 Board's powers before making decision 7
(1) Before making its decision under section 98, the board-- 8
(a) may investigate the registrant; and 9
(b) may, by notice given to the registrant, require the registrant to 10
give the board, within a reasonable time of at least 30 days stated 11
in the notice, further information or a document the board 12
reasonably requires to make the decision; and 13
(c) may, by notice given to the registrant, require the registrant to 14
undergo a written, oral or practical examination within a 15
reasonable time of at least 30 days stated in the notice, and at a 16
reasonable place; and 17
(d) may, by notice given to the registrant, require the registrant to 18
undergo a health assessment within a reasonable time of at least 19
30 days stated in the notice, and at a reasonable place. 20
(2) The board may require the information or document mentioned in 21
subsection (1)(b) to be verified by a statutory declaration. 22
(3) Subject to section 98(2), the purpose of an examination under 23
subsection (1)(c) must be to assess the registrant's ability to competently 24
and safely practise the profession. 25
(4) Subject to section 98(2), the purpose of an assessment under 26
subsection (1)(d) must be to assess the registrant's mental and physical 27
capacity to competently and safely practise the profession. 28
(5) Also, a notice under subsection (1)(d) must state-- 29
(a) the reason for the assessment; and 30
(b) the name and qualifications of the person appointed by the board 31
to conduct the assessment; and 32
(c) the place where, and the day and time at which, the assessment is 33
to be conducted. 34
s 96 58 s 97
Pharmacists Registration Bill 2001
96 Application of ss 5154 1
(1) This section applies if the board believes it is necessary for the 2
registrant to undergo a health assessment under section 95(1)(d). 3
(2) Sections 51 to 5421 apply as if-- 4
(a) an applicant for general registration were the registrant; and 5
(b) the reference in section 51(1) to section 50(1)(d) were a 6
reference to section 95(1)(d). 7
97 Deemed withdrawal of applications etc. 8
(1) Subsections (2) and (3) apply if the conditions are being reviewed 9
because of an application made by the registrant under section 93. 10
(2) The registrant is taken to have withdrawn the application if, within 11
the stated time, the registrant-- 12
(a) does not comply with a requirement under section 95(1)(b); or 13
(b) does not undergo an examination under section 95(1)(c); or 14
(c) does not undergo an assessment under section 95(1)(d). 15
(3) A notice under section 95(1)(b), (c) or (d) must be given to the 16
registrant within 60 days after the board receives the application. 17
(4) Subsections (5) and (6) apply if the conditions are being reviewed 18
under section 94. 19
(5) The board is taken to have decided to confirm the conditions if, 20
within the stated time, the registrant-- 21
(a) does not comply with a requirement under section 95(1)(b); or 22
(b) does not undergo an examination under section 95(1)(c); or 23
(c) does not undergo an assessment under section 95(1)(d). 24
(6) A notice under section 95(1)(b), (c) or (d) must be given to the 25
registrant within 60 days after the board agrees with the registrant to 26
review the conditions. 27
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 59 s 99
Pharmacists Registration Bill 2001
98 Decision 1
(1) After reviewing the conditions, the board must decide-- 2
(a) to confirm the conditions; or 3
(b) to remove the conditions; or 4
(c) to change the conditions. 5
(2) In making its decision, the board must consider whether the 6
conditions remain necessary or desirable for the registrant to competently 7
and safely practise the profession. 8
(3) If the board decides to confirm or change the conditions, the 9
conditions may only be confirmed or changed for the reasons the 10
conditions were initially imposed. 11
(4) If the board decides to confirm or change the conditions, it must as 12
soon as practicable-- 13
(a) also decide the review period applying to the confirmed or 14
changed conditions; and 15
(b) give the registrant an information notice about the decisions. 16
(5) If the board decides to remove the conditions, it must as soon as 17
practicable give the registrant notice of the decision. 18
99 When decision takes effect 19
(1) If the board decides to confirm the conditions, the decision takes 20
effect when it is made. 21
(2) If the board decides to change the conditions, the change takes effect 22
when an information notice about the decision is given to the registrant 23
under section 98(4)(b) and does not depend on the certificate of general 24
registration being amended to record the change or a replacement 25
certificate of general registration being issued. 26
(3) If the board decides to remove the conditions, the removal takes 27
effect when notice of the decision is given to the registrant under 28
section 98(5) and does not depend on the certificate of general registration 29
being amended to record the removal or a replacement certificate of 30
general registration being issued. 31
s 100 60 s 101
Pharmacists Registration Bill 2001
100 Failure by board to make decision on application 1
(1) Subject to subsections (2) and (3), if the board fails to decide an 2
application under section 9322 within 60 days after its receipt, the failure is 3
taken to be a decision by the board to remove the conditions. 4
(2) Subsection (3) applies if the board has-- 5
(a) under section 95(1)(b),23 required the applicant to give the board 6
further information or a document; or 7
(b) under section 95(1)(c), required the applicant to undergo an 8
examination; or 9
(c) under section 95(1)(d), required the applicant to undergo a health 10
assessment. 11
(3) The board is taken to have decided to remove the conditions if the 12
board fails to decide the application by the latest of the following days-- 13
(a) the day that is 60 days after the board receives the further 14
information or document; 15
(b) the day that is 60 days after the board receives the results of the 16
examination; 17
(c) the day that is 60 days after the board receives the assessment 18
report. 19
(4) The removal of the conditions under subsection (1) or (3) does not 20
depend on the certificate of general registration being amended to record 21
the removal or a replacement certificate of general registration being 22
issued. 23
101 Failure by board to make decision on review agreed to under s 94 24
(1) Subject to subsections (2) and (3), if the board fails to make a 25
decision on a review agreed to under section 9424 within 60 days after the 26
agreement, the failure is taken to be a decision by the board to remove the 27
conditions. 28
(2) Subsection (3) applies if the board has-- 29
22 Section 93 (How registrant may start a review)
23 Section 95 (Board's powers before making decision)
24 Section 94 (Review of conditions during review period)
s 102 61 s 103
Pharmacists Registration Bill 2001
(a) under section 95(1)(b), required the registrant to give the board 1
further information or a document; or 2
(b) under section 95(1)(c), required the registrant to undergo an 3
examination; or 4
(c) under section 95(1)(d), required the registrant to undergo a health 5
assessment. 6
(3) The board is taken to have decided to remove the conditions if the 7
board fails to make a decision on the review by the latest of the following 8
days-- 9
(a) the day that is 60 days after the board receives the further 10
information or document; 11
(b) the day that is 60 days after the board receives the results of the 12
examination; 13
(c) the day that is 60 days after the board receives the assessment 14
report. 15
(4) The removal of the conditions under subsection (1) or (3) does not 16
depend on the certificate of general registration being amended to record 17
the removal or a replacement certificate of general registration being 18
issued. 19
102 Further decision required if certain conditions changed 20
(1) This section applies if the conditions were imposed because of the 21
registrant's mental and physical health. 22
(2) If the board decides to change the conditions, it must also decide 23
whether details of the changed conditions must be recorded in the register 24
for the period for which the conditions are in force. 25
(3) The board must decide not to record details of the changed 26
conditions in the register unless it reasonably believes it is in the interests 27
of users of the registrant's services or the public to know the details. 28
Subdivision 2--Recording change, or removal, of conditions 29
103 Amendment of, or replacing, certificates of general registration 30
(1) This section applies if-- 31
s 104 62 s 104
Pharmacists Registration Bill 2001
(a) a general registrant receives an information notice, under 1
section 98(4)(b), about decisions relating to a change of the 2
conditions of the registration; or 3
(b) a general registrant receives a notice, under section 98(5), about a 4
decision to remove the conditions of the registration; or 5
(c) the board is taken, under section 100 or 101, to have decided to 6
remove the conditions of a general registration. 7
(2) The registrant must return the certificate of general registration to the 8
board-- 9
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 10
the notice, unless the registrant has a reasonable excuse; or 11
(b) if subsection (1)(c) applies--within 14 days after the day the 12
registrant actually becomes aware of the removal. 13
Maximum penalty--10 penalty units. 14
(3) On receiving the certificate, the board must-- 15
(a) amend the certificate in an appropriate way and return the 16
amended certificate to the registrant; or 17
(b) if the board does not consider it practicable to amend the 18
certificate, issue another certificate of general registration to the 19
registrant to replace the certificate returned to the board. 20
Division 8--Special purpose registrations 21
Subdivision 1--Applications for special purpose registration 22
104 Undertaking of special activities relating to the profession 23
A person may obtain special purpose registration to undertake 1 or more 24
of the following activities (the "special activities") relating to the 25
profession-- 26
(a) study or train at postgraduate level; 27
(b) teach; 28
(c) engage in research; 29
(d) give clinical demonstrations. 30
s 105 63 s 106
Pharmacists Registration Bill 2001
105 Application of divs 2 and 3 1
(1) For a person being registered as a special purpose registrant, 2
division 2, other than sections 44 to 46 and 60 to 62, and division 325 apply 3
as if-- 4
(a) an application for general registration were an application for 5
special purpose registration; and 6
(b) an applicant for general registration were an applicant for special 7
purpose registration; and 8
(c) a general registration were a special purpose registration; and 9
(d) a general registrant were a special purpose registrant; and 10
(e) a certificate of general registration were a certificate of special 11
purpose registration; and 12
(f) a provisional general registrant were a provisional special 13
purpose registrant; and 14
(g) a provisional general registration were a provisional special 15
purpose registration; and 16
(h) a certificate of provisional general registration were a certificate 17
of provisional special purpose registration. 18
(2) The approved form for a certificate of special purpose registration, or 19
provisional special purpose registration, must also provide for the inclusion 20
of details of the special activity for which the registrant is registered. 21
106 Eligibility 22
An applicant for special purpose registration is eligible for special 23
purpose registration if the applicant-- 24
(a) has a qualification required for special purpose registration; and 25
(b) is a suitable person to be a special purpose registrant. 26
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 107 64 s 108
Pharmacists Registration Bill 2001
107 Qualifications for special purpose registration 1
(1) An applicant for special purpose registration has a qualification 2
required for special purpose registration if the applicant is the holder of a 3
qualification in the profession recognised by the board. 4
(2) In deciding whether to recognise the qualification, the board may 5
have regard to the following-- 6
(a) whether the course leading to the qualification has been 7
accredited by an entity responsible for accrediting courses for the 8
profession; 9
(b) whether the educational institution conferring or awarding the 10
qualification has been accredited by an entity responsible for 11
accrediting institutions to educate persons for the profession; 12
(c) the advice and recommendations of an entity recognised by the 13
board as competent to assess qualifications in the profession. 14
108 Suitability to be a special purpose registrant 15
In deciding whether an applicant for special purpose registration is a 16
suitable person to be a special purpose registrant, the board may have 17
regard to the following-- 18
(a) whether the applicant has been convicted of an indictable 19
offence; 20
(b) whether the applicant has been convicted of an offence against 21
the repealed Act, this Act, the Health Practitioners (Professional 22
Standards) Act 1999 or a corresponding law; 23
(c) if the applicant has been registered under this Act or the repealed 24
Act or is, or has been, registered under a corresponding law and 25
the registration was affected-- 26
(i) by the imposition of a condition--the nature of the 27
condition and the reason for its imposition; or 28
(ii) by its suspension or cancellation--the reason for its 29
suspension or cancellation; or 30
(iii) in another way--the way it was affected and the reason for 31
it being affected; 32
(d) any other issue relevant to the applicant's ability to undertake the 33
special activity the subject of the application. 34
s 109 65 s 112
Pharmacists Registration Bill 2001
109 Period of special purpose registration 1
If the board decides to register the applicant as a special purpose 2
registrant, the registration remains in force for the period, not more than 3
1 year, decided by the board when deciding to register the applicant as a 4
special purpose registrant. 5
110 Imposition of conditions by board 6
(1) The board may decide to register the applicant as a special purpose 7
registrant on conditions the board considers necessary or desirable for the 8
applicant to competently and safely undertake the special activity the 9
subject of the application. 10
(2) If the board decides to register the applicant as a special purpose 11
registrant on conditions, it must as soon as practicable give the applicant an 12
information notice about the decision. 13
111 Contravention of conditions 14
A special purpose registrant must not contravene a condition of the 15
registration imposed under this Act. 16
Maximum penalty--100 penalty units. 17
Subdivision 2--Renewal of special purpose registrations 18
112 Application of div 4, sdivs 2 and 3 19
For renewing a special purpose registration, division 4, subdivisions 2 20
and 3, other than sections 74(5)(a) and 79(3)26 and the provisions to the 21
extent to which they relate to recency of practice requirements, apply as 22
if-- 23
(a) an application for the renewal of a general registration were an 24
application for the renewal of a special purpose registration; and 25
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 66 s 115
Pharmacists Registration Bill 2001
(b) an applicant for the renewal of a general registration were an 1
applicant for the renewal of a special purpose registration; and 2
(c) an applicant's general registration were an applicant's special 3
purpose registration; and 4
(d) a general registrant were a special purpose registrant; and 5
(e) a certificate of general registration were a certificate of special 6
purpose registration. 7
113 Matters that may be considered in deciding whether to renew 8
special purpose registrations 9
In deciding whether to renew a special purpose registration, the board 10
may have regard to the matters to which the board may have regard in 11
deciding whether a proposed special purpose registrant is a suitable person 12
to be a special purpose registrant.27 13
114 Imposition of conditions by board 14
(1) The board may decide to renew a special purpose registration on 15
conditions the board considers necessary or desirable for the registrant to 16
competently and safely undertake the special activity the subject of the 17
registration. 18
(2) If the board decides to renew a special purpose registration on 19
conditions, it must as soon as practicable give the registrant an information 20
notice about the decision. 21
(3) To remove doubt, it is declared that any conditions attaching to the 22
registration immediately before its renewal do not continue to apply to the 23
registration on its renewal. 24
115 Period of renewed special purpose registration 25
If the board decides to renew a special purpose registration, the 26
registration remains in force for the period, not more than 1 year, decided 27
by the board when deciding to renew the registration. 28
27 See section 108 (Suitability to be a special purpose registrant) for a list of the
matters.
s 116 67 s 118
Pharmacists Registration Bill 2001
Subdivision 3--Cancellation of special purpose registrations 1
116 Application of div 6 2
For cancelling a special purpose registration, division 6, other than 3
section 86, applies as if28-- 4
(a) a general registration were a special purpose registration; and 5
(b) a certificate of general registration were a certificate of special 6
purpose registration. 7
117 Grounds for cancellation 8
Each of the following is a ground for cancelling a special purpose 9
registration-- 10
(a) the registrant has practised the profession other than for the 11
special activity for which the registrant is registered; 12
(b) the registrant has been convicted of an indictable offence; 13
(c) the registrant has been convicted of an offence against this Act, 14
the Health Practitioners (Professional Standards) Act 1999 or a 15
corresponding law; 16
(d) the registrant has contravened a condition of the registration; 17
(e) the registrant was registered because of a materially false or 18
misleading representation or declaration. 19
Subdivision 4--Removal of conditions 20
118 Removal 21
(1) This section applies if the board reasonably believes the conditions 22
imposed on a special purpose registration under this Act are no longer 23
necessary or desirable for the registrant to competently and safely 24
undertake the special activity the subject of the registration. 25
(2) The board must decide to remove the conditions. 26
28 Division 6 (Cancellation of general registrations), section 86 (Ground for
cancellation)
s 119 68 s 120
Pharmacists Registration Bill 2001
(3) The board must give the registrant notice of the decision as soon as 1
practicable after it is made. 2
(4) The registrant must return the certificate of special purpose 3
registration to the board within 14 days after receiving the notice, unless 4
the registrant has a reasonable excuse. 5
Maximum penalty--10 penalty units. 6
(5) On receiving the certificate, the board must-- 7
(a) amend the certificate in an appropriate way and return the 8
amended certificate to the registrant; or 9
(b) if the board does not consider it practicable to amend the 10
certificate--issue another certificate of special purpose 11
registration to the registrant to replace the certificate returned to 12
the board. 13
(6) The removal takes effect when notice of the decision is given to the 14
registrant and does not depend on the certificate of special purpose 15
registration being amended to record the removal or a replacement 16
certificate of special purpose registration being issued. 17
Division 9--General provisions about registrations 18
119 Person is taken to be registered under this part 19
(1) This section applies if, under this Act, an entity decides to-- 20
(a) register a person; or 21
(b) restore a person's registration. 22
(2) The person is taken to be registered under this part. 23
120 Surrender of registrations 24
(1) A registrant may surrender the registration by notice given to the 25
board. 26
(2) The surrender takes effect-- 27
(a) on the day the notice is given to the board; or 28
(b) if a later day of effect is stated in the notice, on the later day. 29
s 121 69 s 123
Pharmacists Registration Bill 2001
(3) The registrant must return the certificate of registration to the board 1
within 14 days after the day the surrender takes effect, unless the registrant 2
has a reasonable excuse. 3
Maximum penalty for subsection (3)--10 penalty units. 4
121 Replacement of certificates of registration 5
(1) A registrant may apply to the board for the replacement of the 6
certificate of registration if it has been lost, stolen, destroyed or damaged. 7
(2) The board must consider the application and decide to grant, or 8
refuse to grant, the application. 9
(3) The board must decide to grant the application if it is satisfied the 10
certificate has been lost, stolen or destroyed, or damaged in a way to 11
require its replacement. 12
(4) If the board decides to grant the application, it must on payment of 13
the fee prescribed under a regulation-- 14
(a) replace the lost, stolen, destroyed or damaged certificate with 15
another certificate of registration; and 16
(b) give the replacement certificate of registration to the applicant. 17
(5) If the board decides to refuse to grant the application, it must as soon 18
as practicable give the applicant an information notice about the decision. 19
122 Certified copy of certificates of registration 20
A registrant may, on payment of the fee prescribed under a regulation, 21
obtain from the board a certified copy of the certificate of registration. 22
123 Notification of change in circumstances 23
A registrant must, within 21 days after the happening of a change in the 24
registrant's circumstances prescribed under a regulation, advise the board 25
of the change. 26
Maximum penalty--10 penalty units. 27
s 124 70 s 124
Pharmacists Registration Bill 2001
124 Notification of certain events to interstate regulatory authorities 1
and other entities 2
(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 28
entity 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 31
the objects of this Act. 32
s 125 71 s 125
Pharmacists Registration Bill 2001
(5) A notice under this section may include the information the board 1
considers appropriate in the circumstances. 2
(6) In this section-- 3
"impose", a condition, does not include confirm the condition. 4
"State regulatory authorities" means boards established under the health 5
practitioner registration Acts. 6
PART 4--OBLIGATIONS OF REGISTRANTS AND 7
OTHER PERSONS 8
Division 1--Restricted titles and holding out 9
125 Taking of restricted titles etc. 10
(1) A person who is not a registrant must not take or use a restricted title. 11
Maximum penalty--1 000 penalty units. 12
13
Example of an individual taking or using a restricted title--
14
AB describes himself or herself as `AB, pharmacist'.
15
Examples of a corporation taking or using a restricted title--
16
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, pharmacists'.
17
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply if-- 18
(a) the title is taken or used as part of a business name for a business 19
providing professional services; and 20
(b) in the carrying on of the business by the person, a registrant 21
provides professional services. 22
(3) Also, subsection (1) does not apply if-- 23
(a) the person is undertaking study or training in the practice of the 24
profession to obtain a qualification for registration; and 25
(b) the person takes or uses the title, in the course of the study or 26
training, in conjunction with words that indicate the person is a 27
student or trainee in the profession. 28
s 125 72 s 125
Pharmacists Registration Bill 2001
(4) A person (the "first person") must not, in relation to another person 1
who the first person knows or ought reasonably to know is not a registrant, 2
use a restricted title. 3
Maximum penalty--1 000 penalty units. 4
(5) Subsection (4) does not apply if-- 5
(a) the other person is undertaking study or training in the practice of 6
the profession to obtain a qualification for registration; and 7
(b) the first person uses the title in relation to the other person, in the 8
course of the study or training, in conjunction with words that 9
indicate the other person is a student or trainee in the profession. 10
(6) A person who is not a registrant must not take or use a title (other 11
than a restricted title), name, initial, symbol, word or description that, 12
having regard to the circumstances in which it is taken or used, indicates or 13
could be reasonably understood to indicate-- 14
(a) the person is a pharmacist; or 15
(b) the person is authorised or qualified to practise the profession. 16
Maximum penalty--500 penalty units. 17
(7) A person (the "first person") must not, in relation to another person 18
who the first person knows or ought reasonably to know is not a registrant, 19
use a title (other than a restricted title), name, initial, symbol, word or 20
description that, having regard to the circumstances in which it is used, 21
indicates or could be reasonably understood to indicate-- 22
(a) the other person is a pharmacist; or 23
(b) the other person is authorised or qualified to practise the 24
profession. 25
Maximum penalty--500 penalty units. 26
(8) However, a person does not commit an offence against this section if 27
the person takes or uses a restricted title other than for the purpose of 28
providing a health service. 29
30
Example for subsection (8)--
31
A person using the title `industrial chemist', and not providing a health service, would
32
not commit an offence against this section.
s 126 73 s 128
Pharmacists Registration Bill 2001
126 Claims by persons as to registration 1
A person who is not a registrant must not-- 2
(a) claim, or hold himself or herself out, to be registered under this 3
Act; or 4
(b) allow himself or herself to be held out as being registered under 5
this Act; or 6
(c) claim, or hold himself or herself out, to be eligible to be 7
registered under this Act. 8
Maximum penalty--1 000 penalty units. 9
127 Claims by persons as to other persons' registration 10
A person must not hold out another person as being registered under this 11
Act if the person knows, or ought reasonably to know, the other person is 12
not registered under this Act. 13
Maximum penalty--1 000 penalty units. 14
15
Example--
16
A person carrying on a business providing professional services must not hold out that
17
an employee of the person is registered under this Act if the person knows the
18
employee is not registered under this Act.
128 Restrictions on special purpose registrants, provisional general 19
registrants and provisional special purpose registrants 20
(1) A person who is a special purpose registrant or provisional special 21
purpose registrant must not-- 22
(a) claim, or hold himself or herself out, to be a general registrant or 23
provisional general registrant; or 24
(b) allow himself or herself to be held out as being a general 25
registrant or provisional general registrant; or 26
(c) claim, or hold himself or herself out, to be eligible to be a general 27
registrant or provisional general registrant. 28
Maximum penalty--100 penalty units. 29
(2) A person who is a provisional general registrant must not-- 30
(a) claim, or hold himself or herself out, to be a general registrant; or 31
s 129 74 s 130
Pharmacists Registration Bill 2001
(b) allow himself or herself to be held out as being a general 1
registrant; or 2
(c) claim, or hold himself or herself out, to be eligible to be a general 3
registrant. 4
Maximum penalty--100 penalty units. 5
(3) A person who is a provisional special purpose registrant must not-- 6
(a) claim, or hold himself or herself out, to be a special purpose 7
registrant; or 8
(b) allow himself or herself to be held out as being a special purpose 9
registrant; or 10
(c) claim, or hold himself or herself out, to be eligible to be a special 11
purpose registrant. 12
Maximum penalty--100 penalty units. 13
129 Restrictions on registrants registered on conditions 14
A registrant who is registered on conditions must not-- 15
(a) claim, or hold himself or herself out, to be registered without the 16
conditions or any conditions; or 17
(b) allow himself or herself to be held out as being registered without 18
the conditions or any conditions. 19
Maximum penalty--100 penalty units. 20
Division 2--Notification of business names and other details 21
130 Notification of business names etc. 22
(1) A registrant must, before carrying on a business providing 23
professional services under a business name other than the registrant's own 24
name, give the board notice of the business name. 25
Maximum penalty--10 penalty units. 26
(2) Subsection (1) applies whether or not the business name is registered 27
under the Business Names Act 1962. 28
(3) A corporation must, before carrying on a business providing 29
professional services, give the board notice of-- 30
s 131 75 s 132
Pharmacists Registration Bill 2001
(a) the business name of the business (whether or not the name is 1
registered under the Business Names Act 1962); and 2
(b) the name and principal address of the corporation; and 3
(c) the names and addresses of-- 4
(i) if the corporation is a corporation under the Corporations 5
Law--the directors of the corporation; or 6
(ii) if the corporation is not a corporation under the 7
Corporations Law--the members of the governing body of 8
the corporation. 9
Maximum penalty for subsection (3)--50 penalty units. 10
131 Notification of change in business names etc. 11
(1) This section applies if-- 12
(a) a person has given the board a notice under section 130; and 13
(b) there is a change in the information contained in the notice. 14
(2) The person must, within 14 days after the happening of the change, 15
give the board notice of the change. 16
Maximum penalty--10 penalty units. 17
(3) The person does not commit an offence against section 130 during 18
the period of 14 days after the happening of the change if the person 19
complies with subsection (2). 20
Division 3--Advertising 21
132 Obligations of advertisers 22
(1) A person must not advertise a professional service, or a business 23
providing professional services, in a way that-- 24
(a) is false, misleading or deceptive or is likely to be misleading or 25
deceptive; or 26
27
Example for paragraph (a)--
28
An advertisement that contains a false claim about the beneficial outcome
29
of a professional service.
s 133 76 s 133
Pharmacists Registration Bill 2001
(b) offers a discount, gift or other inducement to attract a person to 1
use the service or the business, unless the advertisement also 2
states the terms of the offer; or 3
(c) refers to, uses or cites actual or purported endorsements or 4
testimonials about the service or business, or a registrant; or 5
(d) is disparaging of-- 6
(i) a professional service provided by another person; or 7
(ii) a business providing professional services; or 8
(iii) a registrant. 9
Maximum penalty--200 penalty units. 10
(2) A person must not advertise a professional service that the person 11
knows or ought reasonably to know will, or is likely to, harm a person to 12
whom it is provided. 13
Maximum penalty--200 penalty units. 14
(3) A person must not advertise a registrant's expertise in a field of 15
practice of the profession unless the registrant has the skills, knowledge, 16
training or qualifications necessary to practise in the field. 17
Maximum penalty--200 penalty units. 18
(4) A printer or publisher does not commit an offence against 19
subsection (1), (2) or (3) merely by, as part of his or her business, printing 20
or publishing an advertisement for another person. 21
133 Information to appear in advertisements 22
(1) A person must not advertise a professional service, or a business 23
providing professional services, unless-- 24
(a) if a registrant provides the service, or carries on the business, 25
under a business name that is the registrant's own name--the 26
registrant's name is stated in the advertisement; or 27
(b) otherwise--the business name notified to the board under 28
section 130(1) or (3) is stated in the advertisement. 29
Maximum penalty--50 penalty units. 30
(2) A printer or publisher does not commit an offence against 31
subsection (1) merely by, as part of his or her business, printing or 32
publishing an advertisement for another person. 33
s 134 77 s 135
Pharmacists Registration Bill 2001
Division 4--Registrants' autonomy 1
134 Aiding, abetting etc. conduct that is a ground for disciplinary 2
action 3
(1) A person must not aid, abet, counsel, procure or induce a registrant to 4
engage in conduct that the person is aware, or ought reasonably be aware, 5
is conduct forming the basis for a ground for disciplinary action against a 6
registrant mentioned in the Health Practitioners (Professional Standards) 7
Act 1999, section 124(1).29 8
Maximum penalty--1 000 penalty units. 9
(2) To remove doubt, it is declared that a registrant may be induced by 10
threats or promises. 11
Division 5--Court orders and injunctions 12
135 Persons may be prohibited from supplying health services etc. 13
(1) This section applies if a person is convicted of an offence against 14
section 125, 126, 127, 132(1)(a), (2) or (3), 134(1) or 138.30 15
(2) The court sentencing the person for the offence may, on its own 16
initiative or the application of the prosecutor, make an order under 17
subsection (3) or (5). 18
(3) The court may make an order, applying for a period decided by the 19
court-- 20
(a) prohibiting the person from providing, or carrying on or 21
managing a business providing, a health service; or 22
(b) prohibiting the person from having a financial interest in a 23
business providing a health service; or 24
29 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
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 78 s 136
Pharmacists Registration Bill 2001
(c) if the person is a corporation, prohibiting an executive officer of 1
the corporation, who was in a position to influence the conduct of 2
the corporation in relation to the offence, from managing a 3
corporation that carries on a business providing a health service. 4
(4) For subsection (3)(c), a person manages a corporation if the person is 5
a director, or is in any way concerned in or takes part in the management 6
of, the corporation. 7
(5) Also, the court may make an order, applying for a period decided by 8
the court-- 9
(a) prohibiting the person from entering into commercial 10
arrangements with a person who provides, carries on or manages 11
a business providing, a health service; or 12
(b) if the person is a corporation, prohibiting an executive officer of 13
the corporation, who was in a position to influence the conduct of 14
the corporation in relation to the offence, from entering into 15
commercial arrangements with a person who provides, carries on 16
or manages a business providing, a health service. 17
(6) An order under subsection (3) or (5) may apply generally or be 18
limited in its application by reference to specified conditions, exceptions or 19
factors. 20
(7) A reference in subsection (5) to a person entering into commercial 21
arrangements includes the entering into commercial arrangements on 22
behalf of another person. 23
(8) A person must not contravene an order under subsection (3) or (5). 24
Maximum penalty for subsection (8)--1 000 penalty units. 25
136 Injunctions 26
(1) This section applies if-- 27
(a) a person (the "offending party")-- 28
(i) has engaged, is engaging or is proposing to engage in 29
conduct; or 30
(ii) has failed, is failing or is proposing to fail to do anything; 31
and 32
s 136 79 s 136
Pharmacists Registration Bill 2001
(b) the conduct or failure constituted, constitutes or would constitute 1
a contravention of section 125, 126, 127, 132(1)(a), (2) or (3) 2
or 134(1). 3
(2) Application may be made to the court under this section for an 4
injunction in relation to the conduct or failure. 5
(3) The application may be made by the board or a person authorised in 6
writing by the board. 7
(4) The court may grant an interim injunction under this section until the 8
application is finally decided. 9
(5) On considering the application for the injunction, the court may-- 10
(a) in a case to which subsection (1)(a)(i) applies--grant an 11
injunction restraining the offending party from engaging in the 12
conduct concerned and, if in the court's opinion it is desirable to 13
do so, requiring the offending party to do anything; or 14
(b) in a case to which subsection (1)(a)(ii) applies--grant an 15
injunction requiring the offending party to do the thing 16
concerned. 17
(6) The court may grant the injunction-- 18
(a) if the court is satisfied that the offending party has engaged in the 19
conduct, or failed to do the thing, mentioned in subsection (1), 20
whether or not it appears to the court that the offending party 21
intends-- 22
(i) to engage again, or continue to engage, in the conduct; or 23
(ii) to again fail, or continue to fail, to do the thing; or 24
(b) if it appears to the court that, if the injunction is not granted, it is 25
likely that the offending party will engage in the conduct, or fail 26
to do the thing, mentioned in subsection (1), whether or not the 27
offending party has previously engaged in the conduct or failed 28
to do the thing. 29
(7) The court may grant the injunction on the terms the court considers 30
appropriate. 31
(8) Also, the court may grant an injunction requiring the offending party 32
to take stated action (including action to disclose information or publish 33
advertisements) to remedy any adverse effects of the offending party's 34
conduct or failure. 35
s 137 80 s 137
Pharmacists Registration Bill 2001
(9) The court may discharge an injunction granted under this section at 1
any time. 2
(10) The powers conferred on the court by this section are in addition to, 3
and do not limit, any other powers of the court. 4
(11) In this section-- 5
"court" means-- 6
(a) if proceedings for an offence relating to the conduct or failure are 7
pending in a Magistrates Court--the Magistrates Court; or 8
(b) in any case--the District Court. 9
Division 6--Reprisals 10
137 Reprisal and grounds for reprisals 11
(1) A person must not cause, or attempt or conspire to cause, detriment 12
to another person because, or in the belief that-- 13
(a) anybody has given, or may give, information or assistance to the 14
board or an inspector about a person's alleged contravention of 15
division 1 or section 132(1)(a), (2) or (3) or 134(1);31 or 16
(b) anybody has given, or may give, evidence to the court in 17
proceedings for an offence against division 1 or 18
section 132(1)(a), (2) or (3) or 134(1). 19
(2) An attempt to cause detriment includes an attempt to induce a person 20
to cause detriment. 21
(3) A contravention of subsection (1) is a reprisal or the taking of a 22
reprisal. 23
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 24
the unlawful ground for the reprisal. 25
(5) For the contravention mentioned in subsection (3) to happen, it is 26
sufficient if the unlawful ground is a substantial ground for the act or 27
omission that is the reprisal, even if there is another ground for the act or 28
omission. 29
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 138 81 s 141
Pharmacists Registration Bill 2001
138 Offence for taking reprisal 1
A person who takes a reprisal commits an offence. 2
Maximum penalty--167 penalty units or 2 years imprisonment. 3
139 Damages entitlement for reprisal 4
(1) A reprisal is a tort and a person who takes a reprisal is liable in 5
damages to any person who suffers detriment as a result. 6
(2) Any appropriate remedy that may be granted by a court for a tort may 7
be granted by a court for the taking of a reprisal. 8
(3) If the claim for damages goes to trial in the Supreme Court or the 9
District Court, it must be decided by a judge sitting without a jury. 10
Division 7--Other provisions 11
140 Payment, or acceptance of payment, for referrals prohibited 12
(1) This section applies to a registrant, or a person carrying on a business 13
providing professional services, (the "service provider"). 14
(2) The service provider must not, directly or indirectly, pay an amount 15
or give another benefit, or attempt to pay an amount or give another 16
benefit, to a person in return for the person referring another person to the 17
service provider or service provider's business. 18
Maximum penalty--200 penalty units. 19
(3) The service provider must not, directly or indirectly, accept payment 20
or another benefit for referring a user of the professional services provided 21
by the service provider, or service provider's business, to a person 22
providing, or carrying on a business providing, a health service. 23
Maximum penalty for subsection (3)--200 penalty units. 24
141 Business providing professional services to be carried on under 25
supervision of registrant 26
(1) A person who owns a business providing professional services (a 27
"pharmacy business") that is not carried on under the personal 28
supervision and management of a registrant commits an offence against 29
this Act. 30
s 142 82 s 145
Pharmacists Registration Bill 2001
Maximum penalty--50 penalty units. 1
(2) For the purposes of subsection (1), a pharmacy business is not 2
carried on under the personal supervision and management of a registrant 3
unless the registrant is personally present in the premises at which the 4
business is carried out at all times when the premises are open for business, 5
other than for a period of not more than 1 hour in a day or another period 6
approved by the board. 7
(3) In deciding under subsection (2) whether to approve another period, 8
the board must have regard to the needs of users of the professional 9
services provided by the pharmacy business. 10
PART 5--INVESTIGATION AND ENFORCEMENT 11
Division 1--Inspectors 12
142 Functions of inspectors 13
An inspector has the function of conducting investigations and 14
inspections to enforce compliance with this Act. 15
143 Powers of inspectors 16
For this Act, an inspector has the powers given to the person under this 17
Act. 18
144 Limitation on powers of inspectors 19
The powers of an inspector may be limited under a condition of 20
appointment. 21
Division 2--Appointment of inspectors and other matters 22
145 Appointments 23
The board may appoint the following persons as an inspector-- 24
s 146 83 s 147
Pharmacists Registration Bill 2001
(a) a member; 1
(b) the executive officer; 2
(c) if the executive officer has agreed to the appointment, a member 3
of the office's staff the board considers has the necessary 4
expertise or experience to be an inspector; 5
(d) another person the board considers has the necessary expertise or 6
experience to be an inspector. 7
146 Appointment conditions 8
(1) An inspector holds office on the conditions stated in the instrument 9
of appointment. 10
(2) An inspector ceases holding office-- 11
(a) if the appointment provides for a term of appointment--at the 12
end of the term; or 13
(b) if the conditions of appointment provide--on ceasing to hold 14
another office (the "main office") stated in the appointment 15
conditions. 16
(3) An inspector may resign by signed notice of resignation given to the 17
board. 18
(4) However, an inspector may not resign from the office of inspector 19
(the "secondary office") if a condition of the inspector's employment to 20
the main office requires the inspector to hold the secondary office. 21
147 Identity cards 22
(1) The board must give an identity card to each inspector. 23
(2) The identity card must-- 24
(a) contain a recent photograph of the inspector; and 25
(b) be signed by the inspector; and 26
(c) identify the person as an inspector for this Act; and 27
(d) include an expiry date for the card. 28
(3) This section does not prevent the issue of a single identity card to a 29
person for this Act and other Acts. 30
s 148 84 s 150
Pharmacists Registration Bill 2001
148 Failure to return identity card 1
A person who ceases to be an inspector must return the person's identity 2
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
149 Production or display of inspector's identity card 6
(1) An inspector may exercise a power in relation to someone else (the 7
"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
Division 3--Powers of inspectors 17
Subdivision 1--Entry of places 18
150 Power to enter places 19
(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 22
to 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
reasonable to contact the occupier; or 28
s 151 85 s 151
Pharmacists Registration Bill 2001
(b) enter part of the place the inspector reasonably considers 1
members of the public ordinarily are allowed to enter when they 2
wish to contact the occupier. 3
Subdivision 2--Procedure for entry 4
151 Entry with consent 5
(1) This section applies if an inspector intends to ask an occupier of a 6
place to consent to the inspector or another inspector entering the place 7
under section 150(1)(a). 8
(2) Before asking for the consent, the inspector must tell the occupier-- 9
(a) the purpose of the entry; and 10
(b) that the occupier is not required to consent. 11
(3) If the consent is given, the inspector may ask the occupier to sign an 12
acknowledgment of the consent. 13
(4) The acknowledgment must state-- 14
(a) the occupier has been told-- 15
(i) the purpose of the entry; and 16
(ii) that the occupier is not required to consent; and 17
(b) the purpose of the entry; and 18
(c) the occupier gives the inspector consent to enter the place and 19
exercise powers under this part; and 20
(d) the time and date the consent was given. 21
(5) If the occupier signs the acknowledgment, the inspector must 22
immediately give a copy to the occupier. 23
(6) A court must find the occupier of a place did not consent to an 24
inspector entering the place under this part if-- 25
(a) an issue arises in a proceeding before the court whether the 26
occupier of the place consented to the entry under 27
section 150(1)(a); and 28
(b) an acknowledgment mentioned in subsection (4) is not produced 29
in evidence for the entry; and 30
s 152 86 s 153
Pharmacists Registration Bill 2001
(c) it is not proved by the person relying on the lawfulness of the 1
entry that the occupier consented to the entry. 2
152 Application for warrant 3
(1) An inspector may apply to a magistrate for a warrant for a place. 4
(2) The application must be sworn and state the grounds on which the 5
warrant is sought. 6
(3) The magistrate may refuse to consider the application until the 7
inspector gives the magistrate all the information the magistrate requires 8
about the application in the way the magistrate requires. 9
10
Example--
11
The magistrate may require additional information supporting the application to be
12
given by statutory declaration.
153 Issue of warrant 13
(1) The magistrate may issue a warrant only if the magistrate is satisfied 14
there are reasonable grounds for suspecting-- 15
(a) there is a particular thing or activity (the "evidence") that may 16
provide evidence of an offence against this Act; and 17
(b) the evidence is at the place, or may be at the place within the next 18
7 days. 19
(2) The warrant must state-- 20
(a) that a stated inspector may, with necessary and reasonable help 21
and force-- 22
(i) enter the place and any other place necessary for entry; and 23
(ii) exercise the inspector's powers under this part; and 24
(b) the offence for which the warrant is sought; and 25
(c) the evidence that may be seized under the warrant; and 26
(d) the hours of the day or night when the place may be entered; and 27
(e) the date, within 14 days after the warrant's issue, the warrant 28
ends. 29
s 154 87 s 154
Pharmacists Registration Bill 2001
154 Special warrants 1
(1) An inspector may apply for a warrant (a "special warrant") by 2
phone, fax, radio or another form of communication if the inspector 3
considers it necessary because of-- 4
(a) urgent circumstances; or 5
(b) other special circumstances, including, for example, the 6
inspector's remote location. 7
(2) Before applying for the special warrant, the inspector must prepare 8
an application stating the grounds on which the warrant is sought. 9
(3) The inspector may apply for the special warrant before the 10
application is sworn. 11
(4) After issuing the special warrant, the magistrate must immediately 12
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 13
practicable to fax the copy. 14
(5) If it is not reasonably practicable to fax a copy to the inspector-- 15
(a) the magistrate must tell the inspector-- 16
(i) what the terms of the special warrant are; and 17
(ii) the date and time the special warrant was issued; and 18
(b) the inspector must complete a form of warrant (a "warrant 19
form") and write on it-- 20
(i) the magistrate's name; and 21
(ii) the date and time the magistrate issued the special warrant; 22
and 23
(iii) the terms of the special warrant. 24
(6) The facsimile warrant, or the warrant form properly completed by 25
the inspector, authorises the entry and the exercise of the other powers 26
stated in the special warrant issued. 27
(7) The inspector must, at the first reasonable opportunity, send to the 28
magistrate-- 29
(a) the sworn application; and 30
(b) if the inspector completed a warrant form, the completed warrant 31
form. 32
s 155 88 s 155
Pharmacists Registration Bill 2001
(8) On receiving the documents, the magistrate must attach them to the 1
special warrant. 2
(9) A court must find the exercise of the power by an inspector was not 3
authorised by a special warrant if-- 4
(a) an issue arises in a proceeding before the court whether the 5
exercise of the power was authorised by a special warrant 6
mentioned in subsection (1); and 7
(b) the special warrant is not produced in evidence; and 8
(c) it is not proved by the person relying on the lawfulness of the 9
entry that the inspector obtained the special warrant. 10
155 Warrants--procedure before entry 11
(1) This section applies if an inspector named in a warrant issued under 12
this part for a place is intending to enter the place under the warrant. 13
(2) Before entering the place, the inspector must do or make a 14
reasonable attempt to do the following things-- 15
(a) identify himself or herself to a person present at the place who is 16
an occupier of the place by producing a copy of the inspector's 17
identity card or other document evidencing the inspector's 18
appointment; 19
(b) give the person a copy of the warrant or, if the entry is authorised 20
by a facsimile warrant or warrant form mentioned in 21
section 154(6), a copy of the facsimile warrant or warrant form; 22
(c) tell the person the inspector is permitted by the warrant to enter 23
the place; 24
(d) give the person an opportunity to allow the inspector immediate 25
entry to the place without using force. 26
(3) However, the inspector need not comply with subsection (2) if the 27
inspector believes on reasonable grounds that immediate entry to the place 28
is required to ensure the effective execution of the warrant is not frustrated. 29
s 156 89 s 157
Pharmacists Registration Bill 2001
Subdivision 3--Powers after entry 1
156 General powers after entering places 2
(1) This section applies to an inspector who enters a place. 3
(2) However, if an inspector enters a place to get the occupier's consent 4
to enter premises, this section applies to the inspector only if the consent is 5
given or the entry is otherwise authorised. 6
(3) For enforcing compliance with this Act, the inspector may-- 7
(a) search any part of the place; or 8
(b) inspect, measure, test, photograph or film any part of the place or 9
anything at the place; or 10
(c) take a thing, or a sample of or from a thing, for analysis or 11
testing; or 12
(d) take an extract from, or copy, a document at the place; or 13
(e) take into or onto the place any person, equipment and materials 14
the inspector reasonably requires for exercising a power under 15
this part; or 16
(f) require the occupier of the place, or a person at the place, to give 17
the inspector reasonable help to exercise the inspector's powers 18
under paragraphs (a) to (e); or 19
(g) require the occupier of the place, or a person at the place, to give 20
the inspector information to help the inspector ascertain whether 21
this Act is being complied with. 22
(4) When making a requirement mentioned in subsection (3)(f) or (g), 23
the inspector must warn the person it is an offence to fail to comply with 24
the requirement, unless the person has a reasonable excuse. 25
157 Failure to help inspector 26
(1) A person required to give reasonable help under section 156(3)(f) 27
must comply with the requirement, unless the person has a reasonable 28
excuse. 29
Maximum penalty--50 penalty units. 30
(2) If an individual is required under section 156(3)(f) to give 31
information, or produce a document, it is a reasonable excuse for the 32
s 158 90 s 160
Pharmacists Registration Bill 2001
individual not to comply with the requirement that complying with the 1
requirement might tend to incriminate the individual. 2
158 Failure to give information 3
(1) A person of whom a requirement is made under section 156(3)(g) 4
must comply with the requirement, unless the person has a reasonable 5
excuse. 6
Maximum penalty--50 penalty units. 7
(2) It is a reasonable excuse for an individual not to comply with the 8
requirement that complying with the requirement might tend to incriminate 9
the individual. 10
Subdivision 4--Power to seize evidence 11
159 Seizing evidence at a place that may be entered without consent or 12
warrant 13
An inspector who enters a place that may be entered under this division 14
without the consent of the occupier and without a warrant, may seize a 15
thing at the place if the inspector reasonably believes the thing is evidence 16
of an offence against this Act. 17
160 Seizing evidence at a place that may only be entered with consent 18
or warrant 19
(1) This section applies if-- 20
(a) an inspector is authorised to enter a place under this division only 21
with the consent of the occupier of the place or a warrant; and 22
(b) the inspector enters the place after obtaining the necessary 23
consent or warrant. 24
(2) If the inspector enters the place with the occupier's consent, the 25
inspector may seize a thing at the place if-- 26
(a) the inspector reasonably believes the thing is evidence of an 27
offence against this Act; and 28
(b) seizure of the thing is consistent with the purpose of entry as told 29
to the occupier when asking for the occupier's consent. 30
s 161 91 s 163
Pharmacists Registration Bill 2001
(3) If the inspector enters the place with a warrant, the inspector may 1
seize the evidence for which the warrant was issued. 2
(4) The inspector also may seize anything else at the place if the 3
inspector reasonably believes-- 4
(a) the thing is evidence of an offence against this Act; and 5
(b) the seizure is necessary to prevent the thing being-- 6
(i) hidden, lost or destroyed; or 7
(ii) used to continue, or repeat, the offence. 8
(5) Also, the inspector may seize a thing at the place if the inspector 9
reasonably believes it has just been used in committing an offence against 10
this Act. 11
161 Securing seized things 12
Having seized a thing, an inspector may-- 13
(a) move the thing from the place where it was seized (the "place of 14
seizure"); or 15
(b) leave the thing at the place of seizure but take reasonable action 16
to restrict access to it. 17
18
Examples of restricting access to a thing--
19
1. Sealing a thing and marking it to show access to it is restricted.
20
2. Sealing the entrance to a room where the seized thing is situated and marking the
21
entrance to show access to the room is restricted.
162 Tampering with seized things 22
If an inspector restricts access to a seized thing, a person must not 23
tamper, or attempt to tamper, with the thing, or something restricting access 24
to the thing, without an inspector's approval. 25
Maximum penalty--100 penalty units. 26
163 Powers to support seizure 27
(1) To enable a thing to be seized, an inspector may require the person in 28
control of it-- 29
s 164 92 s 165
Pharmacists Registration Bill 2001
(a) to take it to a stated reasonable place by a stated reasonable time; 1
and 2
(b) if necessary, to remain in control of it at the stated place for a 3
reasonable time. 4
(2) The requirement-- 5
(a) must be made by notice in the approved form; or 6
(b) if for any reason it is not practicable to give the notice, may be 7
made orally and confirmed by notice in the approved form as 8
soon as practicable. 9
(3) A further requirement may be made under this section about the 10
same thing if it is necessary and reasonable to make the further 11
requirement. 12
(4) A person of whom a requirement is made under subsection (1) or (3) 13
must comply with the requirement, unless the person has a reasonable 14
excuse. 15
Maximum penalty for subsection (4)--50 penalty units. 16
164 Receipts for seized things 17
(1) As soon as practicable after an inspector seizes a thing, the inspector 18
must give a receipt for it to the person from whom it was seized. 19
(2) However, if for any reason it is not practicable to comply with 20
subsection (1), the inspector must leave the receipt at the place of seizure in 21
a conspicuous position and in a reasonably secure way. 22
(3) The receipt must describe generally each thing seized and its 23
condition. 24
(4) This section does not apply to a thing if it is impracticable or would 25
be unreasonable to give the receipt, given the thing's nature, condition and 26
value. 27
165 Forfeiture of seized things 28
(1) A seized thing is forfeited to the State if the inspector who seized the 29
thing-- 30
(a) can not find its owner, after making reasonable inquiries; or 31
(b) can not return it to its owner, after making reasonable efforts; or 32
s 166 93 s 166
Pharmacists Registration Bill 2001
(c) reasonably believes it is necessary to retain the thing to prevent it 1
being used to commit an offence against this Act. 2
(2) In applying subsection (1)-- 3
(a) subsection (1)(a) does not require the inspector to make inquiries 4
if it would be unreasonable to make inquiries to find the owner; 5
and 6
(b) subsection (1)(b) does not require the inspector to make efforts if 7
it would be unreasonable to make efforts to return the thing to its 8
owner. 9
(3) If the inspector makes a decision under subsection (1)(c), resulting in 10
the seized thing being forfeited to the State, the inspector must immediately 11
give the owner an information notice for the decision. 12
(4) Subsection (3) does not apply if-- 13
(a) the inspector can not find the owner, after making reasonable 14
inquiries; or 15
(b) it is impracticable or would be unreasonable to give the 16
information notice. 17
(5) Regard must be had to a thing's nature, condition and value-- 18
(a) in deciding-- 19
(i) whether it is reasonable to make inquiries or efforts; and 20
(ii) if making inquiries or efforts, what inquiries or efforts, 21
including the period over which they are made, are 22
reasonable; or 23
(b) in deciding whether it would be unreasonable to give the 24
information notice. 25
166 Forfeiture on conviction 26
(1) On the conviction of a person for an offence against this Act, the 27
court may order the forfeiture to the State of-- 28
(a) anything used to commit the offence; or 29
(b) anything else the subject of the offence. 30
(2) The court may make the order-- 31
(a) whether or not the thing has been seized; and 32
s 167 94 s 169
Pharmacists Registration Bill 2001
(b) if the thing has been seized, whether or not the thing has been 1
returned to its owner. 2
(3) The court may make any order to enforce the forfeiture it considers 3
appropriate. 4
(4) This section does not limit the court's powers under the Penalties 5
and Sentences Act 1992 or another law. 6
167 Dealing with forfeited things etc. 7
(1) On the forfeiture of a thing to the State, the thing becomes the State's 8
property and may be dealt with by the executive officer as the executive 9
officer considers appropriate. 10
(2) Without limiting subsection (1), the executive officer may destroy or 11
dispose of the thing. 12
(3) Despite subsection (1), the executive officer must not deal with the 13
thing in a way that could prejudice the outcome of-- 14
(a) an appeal started under section 182(3); or 15
(b) another appeal, relevant to the thing, of which the executive 16
officer is aware. 17
168 Return of seized things 18
(1) If a seized thing has not been forfeited, the inspector must return it to 19
its owner-- 20
(a) at the end of 6 months; or 21
(b) if a proceeding for an offence involving the thing is started within 22
6 months, at the end of the proceeding and any appeal from the 23
proceeding. 24
(2) Despite subsection (1), unless the thing has been forfeited, the 25
inspector must immediately return a thing seized as evidence to its owner if 26
the inspector stops being satisfied its continued retention as evidence is 27
necessary. 28
169 Access to seized things 29
(1) Until a seized thing is forfeited or returned, an inspector must allow 30
its owner to inspect it and, if it is a document, to copy it. 31
s 170 95 s 171
Pharmacists Registration Bill 2001
(2) Subsection (1) does not apply if it is impracticable or would be 1
unreasonable to allow the inspection or copying. 2
Subdivision 5--Power to obtain information 3
170 Power to require name and address 4
(1) This section applies if-- 5
(a) an inspector finds a person committing an offence against this 6
Act; or 7
(b) an inspector finds a person in circumstances that lead, or has 8
information that leads, the inspector to reasonably suspect the 9
person has just committed an offence against this Act. 10
(2) The inspector may require the person to state the person's name and 11
residential address. 12
(3) When making the requirement, the inspector must warn the person it 13
is an offence to fail to state the person's name or residential address, unless 14
the person has a reasonable excuse. 15
(4) The inspector may require the person to give evidence of the 16
correctness of the stated name or residential address if the inspector 17
reasonably suspects the stated name or address is false. 18
(5) A requirement under subsection (2) or (4) is called a "personal 19
details requirement". 20
171 Failure to give name or address 21
(1) A person of whom a personal details requirement is made must 22
comply with the requirement, unless the person has a reasonable excuse. 23
Maximum penalty--50 penalty units. 24
(2) A person does not commit an offence against subsection (1) if-- 25
(a) the person was required to state the person's name and residential 26
address by an inspector who suspected the person had committed 27
an offence against this Act; and 28
(b) the person is not proved to have committed the offence. 29
s 172 96 s 174
Pharmacists Registration Bill 2001
172 Power to require production of documents 1
(1) An inspector may require a person to make available for inspection 2
by an inspector, or produce to the inspector for inspection, at a reasonable 3
time and place nominated by the inspector a document issued to the person 4
under this Act. 5
(2) The inspector may keep the document to copy it. 6
(3) The inspector must return the document to the person as soon as 7
practicable after copying it. 8
(4) While the document is in the inspector's possession, the inspector 9
must allow it to be inspected or copied, at a reasonable time, by a person 10
who would be entitled to inspect or copy it were it not in the inspector's 11
possession. 12
(5) A requirement under subsection (1) is called a "document 13
production requirement". 14
173 Failure to produce document 15
(1) A person of whom a document production requirement is made must 16
comply with the requirement, unless the person has a reasonable excuse. 17
Maximum penalty--50 penalty units. 18
(2) It is not a reasonable excuse for an individual not to comply with a 19
document production requirement if complying with the requirement might 20
tend to incriminate the individual. 21
174 Power to require information 22
(1) This section applies if an inspector reasonably believes-- 23
(a) an offence against this Act has been committed; and 24
(b) a person may be able to give information about the offence. 25
(2) The inspector may, by notice given to the person, require the person 26
to give information, including a document, about the offence to the 27
inspector at a stated reasonable time and place. 28
(3) The person must comply with a requirement under subsection (2), 29
unless the person has a reasonable excuse. 30
Maximum penalty--50 penalty units. 31
s 175 97 s 176
Pharmacists Registration Bill 2001
(4) For this section, it is a reasonable excuse for an individual to fail to 1
give information that giving the information might tend to incriminate the 2
individual. 3
Division 4--General enforcement matters 4
175 Notice of damage 5
(1) This section applies if-- 6
(a) an inspector damages property when exercising or purporting to 7
exercise a power; or 8
(b) a person (the "other person") acting under the direction of an 9
inspector damages property. 10
(2) The inspector must immediately give notice of particulars of the 11
damage to the person who appears to the inspector to be the owner of the 12
property. 13
(3) If the inspector believes the damage was caused by a latent defect in 14
the property or circumstances beyond the inspector's or other person's 15
control, the inspector may state the belief in the notice. 16
(4) If, for any reason, it is impracticable to comply with subsection (2), 17
the inspector must leave the notice in a conspicuous position and in a 18
reasonably secure way where the damage happened. 19
(5) This section does not apply to damage the inspector reasonably 20
believes is trivial. 21
(6) In this section-- 22
"owner", of property, includes the person in possession or control of it. 23
176 Compensation 24
(1) A person may claim from the board the cost of repairing or replacing 25
property damaged because of the exercise or purported exercise of a power 26
under any of the following subdivisions of division 332-- 27
· subdivision 1 (Entry of places) 28
32 Division 3 (Powers of inspectors)
s 177 98 s 178
Pharmacists Registration Bill 2001
· subdivision 3 (Powers after entry) 1
· subdivision 4 (Power to seize evidence). 2
(2) Without limiting subsection (1), compensation may be claimed for 3
loss or expense incurred in complying with a requirement made of the 4
person under the subdivision. 5
(3) Compensation may be claimed and ordered to be paid in a 6
proceeding-- 7
(a) brought in a court with jurisdiction for the recovery of the 8
amount of compensation claimed; or 9
(b) for an offence against this Act brought against the person 10
claiming compensation. 11
(4) A court may order compensation to be paid only if it is satisfied it is 12
just to make the order in the circumstances of the particular case. 13
177 False or misleading information 14
A person must not give information to an inspector the person knows is 15
false or misleading in a material particular. 16
Maximum penalty--50 penalty units. 17
178 False or misleading documents 18
(1) A person must not give an inspector a document containing 19
information the person knows is false or misleading in a material 20
particular. 21
Maximum penalty--50 penalty units. 22
(2) Subsection (1) does not apply to a person if the person, when giving 23
the document-- 24
(a) tells the inspector, to the best of the person's ability, how it is 25
false or misleading; and 26
(b) if the person has, or can reasonably obtain, the correct 27
information, gives the correct information. 28
s 179 99 s 182
Pharmacists Registration Bill 2001
179 Obstructing inspectors 1
(1) A person must not obstruct an inspector in the exercise of a power, 2
unless the person has a reasonable excuse. 3
Maximum penalty--100 penalty units. 4
(2) If a person has obstructed an inspector and the inspector decides to 5
proceed with the exercise of the power, the inspector must warn the person 6
that-- 7
(a) it is an offence to obstruct the inspector, unless the person has a 8
reasonable excuse; and 9
(b) the inspector considers the person's conduct is an obstruction. 10
(3) In this section-- 11
"obstruct" includes hinder and attempt to obstruct or hinder. 12
180 Impersonation of inspectors 13
A person must not pretend to be an inspector. 14
Maximum penalty--50 penalty units. 15
PART 6--APPEALS 16
181 Who may appeal 17
(1) A person (the "appellant") who is given, or is entitled to be given, 18
an information notice for a decision (the "original decision") may appeal 19
against the decision to the District Court.33 20
(2) To help users of this Act, schedule 1 identifies the decisions for 21
which an information notice must be given under this Act. 22
182 Starting appeals 23
(1) The appeal may be started at-- 24
33 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 183 100 s 184
Pharmacists Registration Bill 2001
(a) the District Court at the place where the person resides or carries 1
on business; or 2
(b) the District Court at Brisbane. 3
(2) Subsection (1) does not limit the District Court at which the appeal 4
may be started under the Uniform Civil Procedure Rules 1999. 5
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 6
must be filed with the registrar of the court within 28 days after-- 7
(a) if the appellant is given an information notice for the original 8
decision--the day the appellant is given the notice; or 9
(b) if paragraph (a) does not apply--the day the person otherwise 10
becomes aware of the original decision. 11
(4) The court may, at any time, extend the period for filing the notice of 12
appeal. 13
183 Hearing procedures 14
(1) In deciding the appeal, the court-- 15
(a) has the same powers as the person who made the original 16
decision; and 17
(b) is not bound by the rules of evidence; and 18
(c) must comply with natural justice. 19
(2) The appeal is by way of rehearing, unaffected by the original 20
decision, on the material before the person who made the original decision 21
and any further evidence allowed by the court. 22
184 Powers of court on appeal 23
(1) In deciding the appeal, the court may-- 24
(a) confirm the original decision; or 25
(b) amend the original decision; or 26
(c) substitute another decision for the original decision; or 27
(d) set aside the original decision and return the issue to the board 28
with the directions the court considers appropriate. 29
(2) In substituting another decision for the original decision, the court 30
has the same powers as the person who made the original decision. 31
s 185 101 s 185
Pharmacists Registration Bill 2001
1
Example--
2
The court may decide that an unsuccessful applicant for general registration be
3
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 4
decision for the original decision, the amended or substituted decision is, 5
for this Act (other than this part) taken to be the decision of the person who 6
made the original decision. 7
(4) If the court decides to impose conditions on a registration, the court 8
must-- 9
(a) state the reasons for the decision; and 10
(b) if the registration is a general registration, decide and state the 11
review period applying to the conditions.34 12
(5) If the court decides to impose conditions on a registration because of 13
the registrant's mental and physical health, it must also decide whether 14
details of the conditions must be recorded in the register for the period for 15
which the conditions are in force. 16
(6) The court must decide not to record details of the conditions 17
mentioned in subsection (5) in the register unless it reasonably believes it is 18
in the interests of users of the registrant's services or the public to know the 19
details. 20
185 Appointment of assessors 21
(1) If the court is of the opinion that the appeal involves a question of 22
special knowledge and skill, the court may appoint 1 or more assessors 23
who in the court's opinion possess the special qualifications necessary for 24
the particular case to assist the court in its deciding the appeal. 25
(2) An assessor may advise the court on any matter, but all questions of 26
law and fact are to be decided by the court. 27
(3) The court may give the weight to the advice that it considers 28
appropriate. 29
34 The conditions may be reviewed under part 3 (Registration), division 7 (Reviewing
conditions of general registrations).
s 186 102 s 189
Pharmacists Registration Bill 2001
PART 7--LEGAL PROCEEDINGS 1
Division 1--Evidence 2
186 Application of division 3
This division applies to a proceeding under this Act. 4
187 Appointments and authority 5
It is not necessary to prove-- 6
(a) an inspector's, or member's, appointment; or 7
(b) the executive officer's appointment; or 8
(c) the authority of an inspector, a member, the executive officer or a 9
member of the office's staff to do anything under this Act. 10
188 Signatures 11
A signature purporting to be the signature of the Minister, the 12
chairperson, a member, an inspector, the executive officer or a member of 13
the office's staff is evidence of the signature it purports to be. 14
189 Evidentiary provisions 15
A certificate purporting to be signed by the executive officer and stating 16
any of the following matters is evidence of the matter-- 17
(a) a stated document is one of the following things made, given, 18
issued or kept under this Act-- 19
(i) an appointment, approval or decision; 20
(ii) a notice, direction or requirement; 21
(iii) a certificate of registration; 22
(iv) a record, or an extract from a record; 23
(v) the register, or an extract from the register; 24
(b) a stated document is another document kept under this Act; 25
s 190 103 s 191
Pharmacists Registration Bill 2001
(c) a stated document is a copy of a thing mentioned in paragraph (a) 1
or (b); 2
(d) on a stated day, or during a stated period, a stated person was or 3
was not a registrant; 4
(e) on a stated day, or during a stated period, a registration-- 5
(i) was or was not in force; or 6
(ii) was or was not subject to a stated condition; 7
(f) on a stated day, a registration was cancelled; 8
(g) on a stated day, or during a stated period, an appointment as an 9
inspector was, or was not, in force for a stated person; 10
(h) on a stated day, a stated person was given a stated notice or 11
direction under this Act; 12
(i) on a stated day, a stated requirement was made of a stated person. 13
Division 2--Proceedings 14
190 Indictable and summary offences 15
(1) An offence against section 138 is an indictable offence.
35
16
(2) Any other offence against this Act is a summary offence. 17
191 Proceedings for indictable offences 18
(1) A proceeding for an indictable offence against this Act may be taken, 19
at the election of the prosecution-- 20
(a) by way of summary proceeding under the Justices Act 1886; or 21
(b) on indictment. 22
(2) A magistrate must not hear an indictable offence summarily if-- 23
(a) the defendant asks at the start of the hearing that the charge be 24
prosecuted on indictment; or 25
(b) the magistrate considers the charge should be prosecuted on 26
indictment. 27
35 Section 138 (Offence for taking reprisal)
s 192 104 s 193
Pharmacists Registration Bill 2001
(3) If subsection (2) applies-- 1
(a) the magistrate must proceed by way of an examination of 2
witnesses for an indictable offence; and 3
(b) a plea of the person charged at the start of the proceeding must be 4
disregarded; and 5
(c) evidence brought in the proceeding before the magistrate decided 6
to act under subsection (2) is taken to be evidence in the 7
proceeding for the committal of the person for trial or sentence; 8
and 9
(d) before committing the person for trial or sentence, the magistrate 10
must make a statement to the person as required by the Justices 11
Act 1886, section 104(2)(b).36 12
192 Limitation on who may summarily hear indictable offence 13
(1) The proceeding must be before a magistrate if it is a proceeding-- 14
(a) for the summary conviction of a person on a charge for an 15
indictable offence; or 16
(b) for an examination of witnesses for a charge for an indictable 17
offence. 18
(2) However, if the proceeding is brought before a justice who is not a 19
magistrate, jurisdiction is limited to taking or making a procedural action 20
or order within the meaning of the Justices of the Peace and 21
Commissioners for Declarations Act 1991. 22
193 Limitation on time for starting summary proceedings 23
A proceeding for a summary offence against this Act by way of 24
summary proceeding under the Justices Act 1886 must start-- 25
(a) within 1 year after the commission of the offence; or 26
(b) within 6 months after the offence comes to the complainant's 27
knowledge, but within 2 years after the commission of the 28
offence. 29
36 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 194 105 s 196
Pharmacists Registration Bill 2001
194 Allegations of false or misleading information or documents 1
In any proceeding for an offence against this Act defined as involving 2
false or misleading information, or a false or misleading document, it is 3
enough for a charge to state that the information or document was, without 4
specifying which, `false or misleading'. 5
195 Penalties to be paid to board 6
All penalties recovered as a result of proceedings for offences against 7
this Act brought by the board must be ordered to be paid to the board. 8
196 Responsibility for acts or omissions of representatives 9
(1) This section applies in a proceeding for an offence against this Act. 10
(2) If it is relevant to prove a person's state of mind about a particular act 11
or omission, it is enough to show-- 12
(a) the act was done or omitted to be done by a representative of the 13
person within the scope of the representative's actual or apparent 14
authority; and 15
(b) the representative had the state of mind. 16
(3) An act done or omitted to be done for a person by a representative of 17
the person within the scope of the representative's actual or apparent 18
authority is taken to have been done or omitted to be done also by the 19
person, unless the person proves the person could not, by the exercise of 20
reasonable diligence, have prevented the act or omission. 21
(4) In this section-- 22
"representative" means-- 23
(a) for a corporation--an executive officer, employee or agent of the 24
corporation; or 25
(b) for an individual--an employee or agent of the individual. 26
"state of mind" of a person includes-- 27
(a) the person's knowledge, intention, opinion, belief or purpose; 28
and 29
(b) the person's reasons for the intention, opinion, belief or purpose. 30
s 197 106 s 198
Pharmacists Registration Bill 2001
197 Executive officers must ensure corporation complies with Act 1
(1) The executive officers of a corporation must ensure the corporation 2
complies with this Act. 3
(2) If a corporation commits an offence against a provision of this Act, 4
each of the corporation's executive officers also commits an offence, 5
namely, the offence of failing to ensure the corporation complies with the 6
provision. 7
Maximum penalty--the penalty for the contravention of the provision by 8
an individual. 9
(3) Evidence that the corporation has been convicted of an offence 10
against a provision of this Act is evidence that each of the executive 11
officers committed the offence of failing to ensure the corporation 12
complies with the provision. 13
(4) However, it is a defence for an executive officer to prove-- 14
(a) if the officer was in a position to influence the conduct of the 15
corporation in relation to the offence, the officer exercised 16
reasonable diligence to ensure the corporation complied with the 17
provision; or 18
(b) the officer was not in a position to influence the conduct of the 19
corporation in relation to the offence. 20
PART 8--REGISTER, RECORDS AND INFORMATION 21
Division 1--Register 22
198 Register to be kept 23
(1) The board must keep a register about registrants. 24
(2) The register may be kept in the way the board considers appropriate, 25
including, for example, in an electronic form. 26
(3) The register must contain the following details for each registrant-- 27
(a) the registrant's name; 28
(b) an address of the registrant notified by the registrant to the board; 29
s 199 107 s 199
Pharmacists Registration Bill 2001
(c) whether the registrant is a general registrant, provisional general 1
registrant, special purpose registrant or provisional special 2
purpose registrant; 3
(d) the qualification relied on by the registrant to obtain registration; 4
(e) if the registrant is a special purpose registrant or provisional 5
special purpose registrant, details of the special activity for 6
which the registrant is registered; 7
(f) if conditions are imposed, under this Act, on the registrant's 8
registration-- 9
(i) for conditions imposed because of the registrant's mental 10
and physical health, the details of which it has been decided 11
under this Act not to record in the register--the fact that 12
conditions have been imposed; or 13
(ii) otherwise--details of the conditions; 14
(g) any other information required to be recorded in the register 15
under the Health Practitioners (Professional Standards) Act 16
1999; 17
(h) other details prescribed under a regulation. 18
(4) For subsection (3)(f), the fact or details must be recorded in the 19
register for the period the conditions are in force. 20
199 Inspection of register 21
(1) The board must-- 22
(a) keep the register open for inspection, free of charge, at the office 23
by members of the public during ordinary office hours; and 24
(b) give a person a copy of the register, or a part of it, on payment of 25
the fee prescribed under a regulation. 26
(2) Subsection (1) does not apply to details of the residential address of a 27
registrant, unless the registrant gives notice to the board that he or she 28
agrees to the details being able to be inspected. 29
s 200 108 s 201
Pharmacists Registration Bill 2001
Division 2--Records to be kept 1
200 Records 2
(1) The board must keep records of the following details about each 3
registrant or former registrant-- 4
(a) if the registration was affected under the Health Practitioners 5
(Professional Standards) Act 1999, details of the way it was 6
affected and the reason for it being affected; 7
(b) if the registration was cancelled under this Act, the fact of, and 8
the reason for, the cancellation; 9
(c) if conditions were, under this Act, imposed on the registration, 10
details of the conditions and the reasons for their imposition; 11
(d) other details prescribed under a regulation. 12
(2) The records must be kept for at least 10 years. 13
Division 3--Information 14
201 Confidentiality of information 15
(1) This section applies to a person (the "relevant person") who is or 16
was-- 17
(a) a member; or 18
(b) a member of a committee; or 19
(c) appointed by the board to conduct a health assessment of another 20
person; or 21
(d) an inspector; or 22
(e) the executive officer or a member of the office's staff; or 23
(f) otherwise involved in the administration of this Act. 24
(2) This section applies to information about a person obtained by the 25
relevant person in the course of performing the relevant person's functions 26
under this Act. 27
(3) The relevant person must not disclose the information to anyone else. 28
Maximum penalty--100 penalty units. 29
s 202 109 s 202
Pharmacists Registration Bill 2001
(4) However, the relevant person may disclose the information to 1
someone else-- 2
(a) to the extent necessary to perform the relevant person's functions 3
under or relating to this Act or the Health Practitioners 4
(Professional Standards) Act 1999; or 5
(b) if the disclosure is authorised under this or another Act; or 6
(c) if the disclosure is otherwise required or permitted by law; or 7
(d) if the person to whom the information relates agrees to the 8
disclosure; or 9
(e) if the disclosure is in a form that does not disclose the identity of 10
a person; or 11
(f) if the information is, or has been, accessible to the public, 12
including, for example, because it is or was recorded in the 13
register; or 14
(g) if the disclosure is to a foreign regulatory authority and the 15
disclosure is necessary for the authority to perform its functions; 16
or 17
(h) if the disclosure is to the Minister to allow the Minister to act 18
under paragraph (i); or 19
(i) if the Minister considers the disclosure is in the public interest 20
and authorises the relevant person to disclose the information. 21
(5) If the Minister authorises information to be disclosed under 22
subsection (4)(i) about a matter concerning a registrant, the Minister must 23
inform the board of the authorisation and its purpose. 24
(6) In this section-- 25
"information", about a person, means-- 26
(a) information about the person's health that identifies, or is likely 27
to identify, the person; or 28
(b) information about the person's criminal history obtained under a 29
request under section 46(4). 30
202 Board's annual report must disclose authorisation 31
(1) This section applies if the board is given information, under 32
section 201(5), in a financial year about an authorisation. 33
s 203 110 s 204
Pharmacists Registration Bill 2001
(2) The board must include a statement about the authorisation in its 1
annual report under the Financial Administration and Audit Act 1977 for 2
the financial year. 3
(3) The statement must include general details about-- 4
(a) the nature of the information disclosed under the authorisation; 5
and 6
(b) the purpose for which the information was disclosed. 7
(4) However, the statement must not identify any person. 8
PART 9--MISCELLANEOUS 9
Division 1--Abandoned, and other, health records 10
203 Definitions for div 1 11
In this division-- 12
"health records" means documents, recording the health history, 13
condition and treatment of users of the professional services provided 14
by a person, made in the course of the person's practice of the 15
profession. 16
"possess", a health record, includes having the record under control in any 17
place, whether or not another person has custody of the record. 18
204 Board may take possession of abandoned health records 19
(1) This section applies if the board suspects on reasonable grounds that 20
health records have been abandoned. 21
(2) The board may take and keep possession of the records to be dealt 22
with under this division. 23
(3) For taking possession of the records, the board may give notice to the 24
occupier of the place where the records are situated to deliver the records to 25
the board to be dealt with under this division. 26
(4) The notice must state that the requirement must be complied with 27
within a period of 14 days after the occupier receives the notice. 28
s 205 111 s 207
Pharmacists Registration Bill 2001
(5) The occupier must comply with the requirement within the stated 1
period, unless the occupier has a reasonable excuse. 2
Maximum penalty for subsection (5)--50 penalty units. 3
205 Health records forming part of deceased estate 4
(1) This section applies if health records form part of a deceased estate. 5
(2) The personal representative of the deceased person concerned may 6
deliver the records into the possession of the board to be dealt with under 7
this division. 8
206 Health records of persons convicted of an offence against s 125(1) 9
or (6) or 126 10
(1) This section applies to a person who is convicted of an offence 11
against section 125(1) or (6) or 126.37 12
(2) The board may give the person notice to deliver health records in the 13
possession or control of the person into the possession of the board to be 14
dealt with under this division. 15
(3) The person must within 14 days after receiving the notice deliver the 16
records into the possession of the board. 17
Maximum penalty--50 penalty units. 18
(4) If the person does not comply with the notice, the board may take 19
and keep possession of the records. 20
207 Dealing with certain health records seized under s 159 or 160 21
(1) This section applies if, under section 159 or 160,38 an inspector seizes 22
health records that the board may take and keep possession of under 23
section 204 or 206. 24
(2) The inspector must deliver the health records into the possession of 25
the board to be dealt with under this division. 26
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)
s 208 112 s 210
Pharmacists Registration Bill 2001
(3) Sections 165, 168 and 16939 do not apply to health records delivered 1
to the board under subsection (2). 2
208 How board may deal with health records 3
(1) This section applies if the board takes possession of a health record 4
under this division. 5
(2) The board may-- 6
(a) give the record to the person to whom the record relates; or 7
(b) if directed by the person, give the record to a registrant under a 8
health practitioner registration Act chosen by the person; or 9
(c) if the board can not find the person after making reasonable 10
inquiries, keep the record; or 11
(d) if the board can not find the person, after making reasonable 12
inquiries, and decides it is no longer necessary to keep the 13
record, destroy the record. 14
(3) To remove doubt, it is declared that the board is taken to be keeping a 15
health record if another body stores the record on its behalf. 16
209 Destruction of health records 17
(1) This section applies if the board destroys a health record under 18
section 208(2)(d). 19
(2) Compensation is not recoverable against the board because of the 20
destruction of the record. 21
Division 2--Continuing professional education of registrants 22
210 Continuing professional education programs 23
(1) The board may develop or recognise a program for the continuing 24
professional education of registrants. 25
39 Sections 165 (Forfeiture of seized things), 168 (Return of seized things) and
169 (Access to seized things)
s 211 113 s 212
Pharmacists Registration Bill 2001
(2) The board must give notice to all registrants, to whom the program is 1
relevant, of details of the program. 2
(3) The program may state the minimum continuing professional 3
education requirements a registrant needs to satisfy, in a stated period, to 4
keep up-to-date with developments in the practice of the profession. 5
(4) A registrant who has satisfied the requirements in the stated period 6
may advertise this fact. 7
(5) A registrant who has not satisfied the requirements in the stated 8
period must not advertise that the registrant has satisfied the requirements. 9
Maximum penalty for subsection (5)--50 penalty units. 10
Division 3--Other provisions 11
211 Protecting officials from liability 12
(1) An official is not civilly liable for an act done, or omission made, 13
honestly and without negligence under this Act. 14
(2) If subsection (1) prevents a civil liability attaching to an official, the 15
liability attaches instead to the board. 16
(3) In this section-- 17
"official" means-- 18
(a) a member; or 19
(b) a committee member who is not a board member; or 20
(c) the executive officer; or 21
(d) a person appointed by the board to conduct a health assessment 22
of another person; or 23
(e) an inspector; or 24
(f) a person acting under the direction or authority of an inspector. 25
212 False or misleading information or documents 26
(1) A person must not give information to the board the person knows is 27
false or misleading in a material particular. 28
Maximum penalty--50 penalty units. 29
s 213 114 s 216
Pharmacists Registration Bill 2001
(2) A person must not give the board a document containing information 1
the person knows is false or misleading in a material particular. 2
Maximum penalty--50 penalty units. 3
(3) Subsection (2) does not apply to a person if the person, when giving 4
the document-- 5
(a) tells the board, to the best of the person's ability, how it is false or 6
misleading; and 7
(b) if the person has, or can reasonably obtain, the correct 8
information, gives the correct information. 9
213 Certificates etc. not to be false or misleading 10
A registrant must not, in the registrant's professional capacity, sign or 11
give to another person, a certificate, notice, report or other document the 12
registrant knows is false or misleading in a material particular. 13
Maximum penalty--50 penalty units. 14
214 Application of provisions 15
(1) This section applies if a provision of this Act applies another 16
provision of this Act for a purpose. 17
(2) The other provision, and any definition relevant to the other 18
provision, apply with any necessary changes. 19
(3) Subsection (2) is not limited merely because a provision states how 20
the other provision is to apply. 21
215 Approval of forms 22
The board may approve forms for use under this Act. 23
216 Examination fees 24
A person who sits an examination set and administered by the board 25
under this Act must, before sitting the examination, pay the board the fee 26
for the examination prescribed under a regulation. 27
s 217 115 s 219
Pharmacists Registration Bill 2001
217 Regulation-making power 1
(1) The Governor in Council may make regulations under this Act. 2
(2) A regulation may be made about the following-- 3
(a) fees, including the refunding of fees, for this Act; 4
(b) imposing a penalty of not more than 20 penalty units for a 5
contravention of a provision of a regulation; 6
(c) training courses in the practice of the profession; 7
(d) the requirements for supervised practice, including, for example, 8
the number of hours of supervised practice to be undertaken for 9
eligibility for registration and the terms under which the practice 10
must be completed. 11
(3) Without limiting subsection (2)(a), a regulation may prescribe 12
amounts as fees having regard to the costs of the board performing its 13
functions under, or complying with-- 14
(a) an Act in the legislative scheme; or 15
(b) another Act. 16
PART 10--REPEAL, TRANSITIONAL AND SAVINGS 17
PROVISIONS 18
Division 1--Repeal 19
218 Repeal of Pharmacy Act 1976 20
The Pharmacy Act 1976 (1976 Act No. 73) is repealed. 21
Division 2--Transitional provisions 22
219 Definitions for div 2 23
In this division-- 24
"commencement" means commencement of this section. 25
s 220 116 s 223
Pharmacists Registration Bill 2001
"former board" means the Pharmacy Board of Queensland under the 1
repealed Act. 2
220 References to repealed Act or former board 3
(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
221 Board is the legal successor 8
(1) The board is the successor in law of the former board. 9
(2) Sections 222 to 226 do not limit subsection (1). 10
222 Assets and liabilities etc. 11
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 15
and all guarantees, undertakings and securities given by or on 16
behalf 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
223 Service agreements 24
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 224 117 s 227
Pharmacists Registration Bill 2001
224 Proceedings 1
A proceeding that could have been started or continued by or against the 2
former board before the commencement may be started or continued by or 3
against the board. 4
225 Dealing with matter under Health Practitioners (Professional 5
Standards) Act 1999 6
A matter that had started to be, or could have been, dealt with under the 7
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
226 Offences 11
(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 14
or convenient to be used in relation to the proceedings continue to apply, as 15
if 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 19
Other Acts (Administration) Act 1966. 20
227 Membership of board 21
(1) From the commencement, the board consists of the existing 22
members. 23
(2) Also, the board may include other persons appointed by the 24
Governor 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
following days-- 28
40 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
s 228 118 s 228
Pharmacists Registration Bill 2001
(a) the day the existing member's term of appointment under the 1
repealed Act would have ended if this Act had not commenced; 2
(b) if the existing member vacates office under this Act before the 3
day mentioned in paragraph (a), the day the existing member 4
vacates office. 5
(5) An additional member is to be appointed for a term that ends on or 6
before the day when the existing members' terms of appointment under the 7
repealed Act would have ended if this Act had not commenced. 8
(6) If a person, including an existing member, appointed to the board 9
under this section is a registrant, the person is taken to be a registrant 10
member. 11
(7) The Governor in Council may appoint a person to fill the office of a 12
member of the first board if it is vacant. 13
(8) This section has effect despite sections 16 to 19 and 21.41 14
(9) In this section-- 15
"existing member" means a person who, immediately before the 16
commencement, held office as a member of the former board. 17
"first board" means the board as constituted under this section. 18
228 Chairperson and deputy chairperson of board 19
(1) From the commencement-- 20
(a) the existing chairperson is taken to be the chairperson of the 21
board as constituted under section 227; and 22
(b) the existing deputy chairperson is taken to be the deputy 23
chairperson of the board as constituted under section 227. 24
(2) The existing chairperson ceases to hold office as the chairperson if 25
the existing chairperson vacates the office of chairperson under this Act. 26
(3) The existing deputy chairperson ceases to hold office as the deputy 27
chairperson if the existing deputy chairperson vacates the office of deputy 28
chairperson under this Act. 29
41 Sections 16 (Membership of board), 17 (Registrant members), 18 (Public members),
19 (Certain nominee board members) and 21 (Term of appointment)
s 229 119 s 229
Pharmacists Registration Bill 2001
(4) This section has effect despite section 20(1) and (3).42 1
(5) In this section-- 2
"existing chairperson" means the person who, immediately before the 3
commencement, held office as the chairperson of the former board. 4
"existing deputy chairperson" means the person who, immediately 5
before the commencement, held office as the deputy chairperson of 6
the former board. 7
229 Appeals 8
(1) Subsection (2) applies if-- 9
(a) a person has appealed to the District Court under repealed 10
section 29(1)(a) before the commencement against a decision of 11
the former board; and 12
(b) the appeal has not been decided before the commencement. 13
(2) The District Court may hear, or continue to hear, and decide the 14
appeal under the repealed Act as if this Act had not commenced. 15
(3) Subsection (4) applies if-- 16
(a) immediately before the commencement a person could have 17
appealed to the District Court under the repealed section 29(1)(a) 18
against a decision of the former board; and 19
(b) the person has not appealed before the commencement. 20
(4) The person may appeal, and the District Court may hear and decide 21
the appeal, under the repealed Act as if this Act had not commenced. 22
(5) For giving effect to its decision under subsection (2) or (4), the 23
District Court may make the orders it considers necessary having regard to 24
the provisions of this Act. 25
26
Example for subsection (5)--
27
On an appeal by a person against a decision of the former board to refuse to register the
28
person as a pharmacist under the repealed Act, the District Court may order that the
29
board register the person under this Act.
(6) In this section-- 30
"District Court" includes a District Court judge. 31
42 Section 20 (Chairperson and deputy chairperson of board)
s 230 120 s 231
Pharmacists Registration Bill 2001
"repealed section 29(1)(a)" means section 29(1)(a) of the repealed Act. 1
230 Existing registrations 2
(1) This section applies to a person who, immediately before the 3
commencement, was registered as a pharmacist under section 19 of the 4
repealed Act. 5
(2) The person is taken to be registered as a general registrant under this 6
Act. 7
(3) If the person's registration under the repealed Act was, immediately 8
before the commencement, subject to conditions, the person's general 9
registration under this Act is taken to be subject to the conditions. 10
(4) Despite section 60,43 the person's general registration under this Act 11
continues until the later of the following days-- 12
(a) 31 January first happening after the commencement; 13
(b) the day that is 3 months after the commencement. 14
(5) However, subsection (4) stops applying if the person's general 15
registration is surrendered or cancelled. 16
231 Existing applications for registration 17
(1) An application for registration as a pharmacist made under section 19 18
of the repealed Act, and not decided before the commencement, must be 19
decided under this Act. 20
(2) The application is taken to be for general registration under this Act. 21
(3) Part 3, division 244 applies to the application. 22
(4) However, the provisions of part 3, division 2 dealing with making the 23
application in the approved form and paying the application fee and 24
registration fee, that would otherwise apply do not apply to the application. 25
43 Section 60 (Period)
44 Part 3 (Registration), division 2 (Applications for general registration)
s 232 121 s 234
Pharmacists Registration Bill 2001
232 Existing applications for restoration of registration 1
(1) An application for the restoration of registration as a pharmacist 2
made under section 22(4) of the repealed Act, and not decided before the 3
commencement, must be decided under this Act. 4
(2) The application is taken to be for the restoration of general 5
registration under this Act. 6
(3) Part 3, division 545 applies to the application. 7
(4) However, the following provisions do not apply to the application-- 8
(a) the provisions, applied by section 80,46 to the extent to which 9
they relate to recency of practice requirements; 10
(b) sections 81, 82 and 85.47 11
233 Suspended registrations 12
(1) This section applies if a person's registration as a pharmacist under 13
the repealed Act has been suspended and the period of suspension has not 14
ended before the commencement. 15
(2) The suspension is taken to continue as a suspension of the person's 16
general registration under this Act. 17
234 Sections 130 and 133 ineffective for 6 months 18
(1) Sections 130 and 13348 have no effect for 6 months after they 19
commence. 20
(2) However, a person may give the board a notice mentioned in 21
section 130 within the 6 month period. 22
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)
48 Sections 130 (Notification of business names etc.) and 133 (Information to appear in
advertisements)
s 235 122 s 236
Pharmacists Registration Bill 2001
235 Records 1
(1) This section applies if-- 2
(a) a registration was affected under the repealed Act; and 3
(b) immediately before the commencement, the former board held a 4
record of the details of the way the registration was affected and 5
the reason for it being affected. 6
(2) The record must be kept by the board for at least 10 years after the 7
commencement. 8
236 Certain Act has not been repealed 9
(1) This section applies if an Act mentioned in column 2 of the following 10
table (the "column 2 Act") has not been repealed-- 11
Table 12
column 1 column 2
Chiropractors Registration Act 2001 Chiropractors and Osteopaths
Act 1979
Dental Practitioners Registration Dental Act 1971
Act 2001
Dental Technicians and Dental Dental Technicians and Dental
Prosthetists Registration Act 2001 Prosthetists Act 1991
Medical Practitioners Registration Medical Act 1939
Act 2001
Occupational Therapists Registration Occupational Therapists Act
Act 2001 1979
Optometrists Registration Act 2001 Optometrists Act 1974
Osteopaths Registration Act 2001 Chiropractors and Osteopaths
Act 1979
Physiotherapists Registration Physiotherapists Act 1964
Act 2001
Podiatrists Registration Act 2001 Podiatrists Act 1969
s 242 123 s 244
Pharmacists Registration Bill 2001
column 1 column 2
Psychologists Registration Act 2001 Psychologists Act 1977
Speech Pathologists Registration Speech Pathologists Act 1979.
Act 2001
(2) A reference in schedule 4, definition "health practitioner registration 1
Act" to the Act mentioned in column 1 of the table shown opposite the 2
column 2 Act is taken to be a reference to the column 2 Act. 3
Division 3--Savings provisions 4
49
5
242 Continuation of approvals under s 30 of the repealed Act 6
An approval given under section 30 of the repealed Act, and having 7
effect immediately before the commencement of this section, continues to 8
have effect as an approval under section 238. 9
243 Continuation of approvals under s 35 of the repealed Act 10
An approval given under section 35 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 241. 13
244 Continuation of certain provisions of regulation under repealed 14
Act 15
(1) The Pharmacy Regulation 1997, section 3 and schedule 2, as in force 16
immediately before the commencement of this section, and as amended by 17
section 247 (the "saved provisions"), continue to have effect and are taken 18
to be a regulation under this Act for all purposes, including amendment and 19
repeal by regulation. 20
49 Section 246 and schedule 3 amend the Pharmacy Act 1976 and relocate certain
provisions of that Act to this division.
s 245 124 s 247
Pharmacists Registration Bill 2001
(2) A regulation under this Act may relocate the saved provisions to a 21
regulation under this Act and for that purpose renumber the saved 22
provisions. 23
PART 11--CONSEQUENTIAL AND OTHER 1
AMENDMENTS 2
245 Amendment of Acts 3
Schedule 2 amends the Acts mentioned in it. 4
246 Amendment of Pharmacy Act 1976 5
Schedule 3 amends the Pharmacy Act 1976 and relocates certain 6
provisions of that Act to part 10, division 3. 7
247 Amendment of Pharmacy Regulation 1997 8
(1) This section amends the Pharmacy Regulation 1997. 9
(2) Section 3, `section 5'-- 10
omit, insert-- 11
`section 237'. 12
125
Pharmacists Registration Bill 2001
SCHEDULE 1 1
DECISIONS FOR WHICH INFORMATION NOTICES 2
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
126
Pharmacists Registration Bill 2001
SCHEDULE 1 (continued)
Section Description of decision
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
127
Pharmacists Registration Bill 2001
SCHEDULE 2 1
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 245 3
COMMISSION FOR CHILDREN AND YOUNG PEOPLE 4
ACT 2000 5
1. Schedule 4, definition "registered health practitioner", `Pharmacy 6
Act 1976'-- 7
omit, insert-- 8
`Pharmacists Registration Act 2001'. 9
DRUGS MISUSE ACT 1986 10
1. Section 4, definition "pharmacist"-- 11
omit, insert-- 12
` "pharmacist" means a person registered under the Pharmacists 13
Registration Act 2001.'. 14
HEALTH ACT 1937 15
1. Section 5(1), definition "pharmacist"-- 16
omit, insert-- 17
` "pharmacist" means a person registered under the Pharmacists 18
Registration Act 2001.'. 19
128
Pharmacists Registration Bill 2001
SCHEDULE 2 (continued)
2. Section 5(1), definition "health practitioner registration Act', 1
`Pharmacy Act 1976'-- 2
omit, insert-- 3
`Pharmacists Registration Act 2001'. 4
3. Section 152(za), `within the meaning of the Pharmacy Act 1976'-- 5
omit. 6
HEALTH PRACTITIONER REGISTRATION BOARDS 7
(ADMINISTRATION) ACT 1999 8
1. Schedule, definition "health practitioner registration Act", 9
`Pharmacy Act 1976'-- 10
omit, insert-- 11
`Pharmacists Registration Act 2001'. 12
HEALTH PRACTITIONERS (PROFESSIONAL 13
STANDARDS) ACT 1999 14
1. Schedule, definition "health practitioner registration Act", 15
`Pharmacy Act 1976'-- 16
omit, insert-- 17
`Pharmacists Registration Act 2001'. 18
129
Pharmacists Registration Bill 2001
SCHEDULE 2 (continued)
2. Schedule, definition "profession", paragraph (h), `Pharmacy Act 1
1976'-- 2
omit, insert-- 3
`Pharmacists Registration Act 2001'. 4
HEALTH PRACTITIONERS (SPECIAL EVENTS 5
EXEMPTION) ACT 1998 6
1. Schedule, definition "health registration Act", `Pharmacy Act 7
1976'-- 8
omit, insert-- 9
`Pharmacists Registration Act 2001'. 10
HEALTH RIGHTS COMMISSION ACT 1991 11
1. Schedule 2, item 7-- 12
omit, insert-- 13
`7. Pharmacists Board of Queensland'. 14
HEALTH SERVICES ACT 1991 15
1. Section 63(6), `Pharmacy Act 1976'-- 16
omit, insert-- 17
`Pharmacists Registration Act 2001'. 18
130
Pharmacists Registration Bill 2001
SCHEDULE 2 (continued)
MEDICAL ACT AND OTHER ACTS 1
(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 2001'. 11
VETERINARY SURGEONS ACT 1936 12
1. Section 34(2)-- 13
omit, insert-- 14
`(2) In this section-- 15
"pharmacist" means a person registered under the Pharmacists 16
Registration Act 2001.'. 17
131
Pharmacists Registration Bill 2001
SCHEDULE 3 1
AMENDMENT OF PHARMACY ACT 1976 2
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
132
Pharmacists Registration Bill 2001
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
133
Pharmacists Registration Bill 2001
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 3
the interest,'. 4
13. Section 30-- 5
insert-- 6
`(9) Despite section 3, this section does not bind the State.'. 7
14. Section 32(2)(a), `section 19'-- 8
omit, insert-- 9
`section 47(1) or 48'. 10
15. Section 32(3) to (5)-- 11
omit. 12
16. Section 34(2), `section 30'-- 13
omit, insert-- 14
`section 238'. 15
17. Sections 34(2) and 35(1), `pharmacist's'-- 16
omit, insert-- 17
`registrant's'. 18
18. Section 35, heading, `pharmacists'-- 19
omit, insert-- 20
`registrants'. 21
134
Pharmacists Registration Bill 2001
SCHEDULE 3 (continued)
19. Section 35(1)(b), `pursuant to section 25'-- 1
omit, insert-- 2
`under the Health Practitioners (Professional Standards) Act 1999'. 3
20. Section 35(3), `section 30(1)'-- 4
omit, insert-- 5
`section 238(1)'. 6
21. Sections 5, 30, 32, 34 and 35-- 7
relocate to the Pharmacists Registration Act 2001 and in that Act insert 8
and renumber, in part 10, division 3, as sections 237 to 241. 9
135
Pharmacists Registration Bill 2001
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
"certificate of special purpose registration" means a certificate of special 28
purpose registration issued under part 3, division 8. 29
136
Pharmacists Registration Bill 2001
SCHEDULE 4 (continued)
"certified copy", of a certificate of registration, means a copy that is 1
certified by the board as being a true copy of the certificate. 2
"chairperson" means the chairperson of the board appointed under 3
section 20(1). 4
"commencement", for part 10, division 2, see section 219. 5
"committee" means a committee of the board established under 6
section 34(1). 7
"convicted", of an offence, means being found guilty of the offence, on a 8
plea of guilty or otherwise, whether or not a conviction is recorded. 9
"corresponding law" means a law applying, or that applied, in another 10
State, the Commonwealth or a foreign country that provides, or 11
provided, for the same matter as-- 12
(a) a health practitioner registration Act or the Health Practitioners 13
(Professional Standards) Act 1999; or 14
(b) a provision of a health practitioner registration Act or the Health 15
Practitioners (Professional Standards) Act 1999. 16
"deputy chairperson" means the deputy chairperson of the board 17
appointed under section 20(1). 18
"document production requirement" see section 172(5). 19
"educational institution" means a university, training institution or 20
professional college engaged in the education of persons in the 21
practice of the profession. 22
"executive officer" means the executive officer appointed under the 23
Health Practitioner Registration Boards (Administration) Act 1999. 24
"executive officer", of a corporation, means a person who is concerned 25
with, or takes part in, the corporation's management, whether or not 26
the person is a director or the person's position is given the name of 27
executive officer. 28
"facsimile warrant" see section 154(4). 29
"foreign regulatory authority" means-- 30
(a) an interstate regulatory authority; or 31
(b) an entity established under a law applying in a foreign country, 32
other than New Zealand, having functions similar to the board's 33
137
Pharmacists Registration Bill 2001
SCHEDULE 4 (continued)
functions under this Act or the Health Practitioners 1
(Professional Standards) Act 1999. 2
"former board", for part 10, division 2, see section 219. 3
"former registrant" means a person who was, but is not currently, 4
registered under part 3. 5
"general registrant" means a person registered, under part 3, as a general 6
registrant, but does not include a provisional general registrant. 7
"general registration" means registration of a person as a general 8
registrant under part 3. 9
"general registration period" see section 60(1). 10
"health assessment", in relation to a person, includes-- 11
(a) a physical, medical, psychiatric or psychological examination or 12
test of the person; and 13
(b) asking questions to assess the person's mental and physical 14
health. 15
"Health Insurance Commission" means the Health Insurance 16
Commission established under the Health Insurance Commission Act 17
1973 (Cwlth), section 4. 18
"health practitioner registration Act" means any of the following Acts-- 19
· this Act 20
· Chiropractors Registration Act 2001 21
· Dental Practitioners Registration Act 2001 22
· Dental Technicians and Dental Prosthetists Registration Act 23
2001 24
· Medical Practitioners Registration Act 2001 25
· Medical Radiation Technologists Registration Act 2001 26
· Occupational Therapists Registration Act 2001 27
· Optometrists Registration Act 2001 28
· Osteopaths Registration Act 2001 29
· Physiotherapists Registration Act 2001 30
· Podiatrists Registration Act 2001 31
138
Pharmacists Registration Bill 2001
SCHEDULE 4 (continued)
· Psychologists Registration Act 2001 1
· Speech Pathologists Registration Act 2001. 2
"health records", for part 9, division 1, see section 203. 3
"health service" means a service for maintaining, improving or restoring 4
people's health and wellbeing. 5
"impose", a condition, includes change or confirm the condition. 6
"information notice", for a decision of the board or an inspector, is a 7
notice stating the following-- 8
(a) the decision; 9
(b) the reasons for the decision; 10
(c) that the person to whom the notice is given may appeal against 11
the decision within 28 days; 12
(d) how the person may appeal against the decision to the District 13
Court; 14
(e) if the decision is that a person be registered on conditions-- 15
(i) for a general registration--the review period applying to the 16
conditions; and 17
(ii) for conditions imposed because of the person's mental and 18
physical health, the details of which it has been decided 19
under section 61(4) to record in the register--the details that 20
must be recorded in the register for the period for which the 21
conditions are in force; 22
(f) if the decision is that a general registration be renewed or 23
restored on recency of practice conditions, the review period 24
applying to the conditions; 25
(g) if the decision is that a registration be cancelled, a direction to the 26
person to return the certificate of registration to the board within 27
14 days after receiving the notice; 28
(h) if the decision is that the conditions imposed on a general 29
registration be confirmed, the review period applying to the 30
confirmed conditions; 31
(i) if the decision is that the conditions imposed on a general 32
registration be changed-- 33
139
Pharmacists Registration Bill 2001
SCHEDULE 4 (continued)
(i) the review period applying to the changed conditions; and 1
(ii) if the conditions were imposed because of the person's 2
mental and physical health and it is decided under 3
section 102(2) that details of the changed conditions must 4
be recorded in the register, the details that must be recorded 5
in the register for the period for which the changed 6
conditions are in force; and 7
(iii) a direction to the person to return the certificate of 8
registration to the board within 14 days after receiving the 9
notice. 10
"inspector" means a person who is appointed as an inspector under 11
section 145. 12
"interstate regulatory authority" means an entity established under the 13
law of another State or New Zealand having functions similar to the 14
board's functions under this Act or the Health Practitioners 15
(Professional Standards) Act 1999. 16
"legislative scheme" see section 4. 17
"medical condition" includes substance abuse or dependence. 18
"member" means a member of the board. 19
"notice" means written notice. 20
"occupier", of a place, includes a person who reasonably appears to be an 21
occupier, or in charge, of the place. 22
"office" means the Office of Health Practitioner Registration Boards under 23
the Health Practitioner Registration Boards (Administration) Act 24
1999. 25
"original decision" see section 181(1). 26
"personal details requirement" see section 170(5). 27
"place" includes premises, vacant land and a vehicle. 28
"place of seizure" see section 161. 29
"possess", a health record, for part 9, division 1, see section 203. 30
"premises" includes-- 31
(a) a building or other structure; and 32
140
Pharmacists Registration Bill 2001
SCHEDULE 4 (continued)
(b) a part of a building or other structure; and 1
(c) land where a building or other structure is situated. 2
"profession" means the pharmacy profession. 3
"professional service" means a pharmacy service. 4
"provisional general registrant" means a person registered, under 5
section 64, as a provisional general registrant. 6
"provisional general registration" means registration of a person as a 7
provisional general registrant under section 64. 8
"provisional special purpose registrant" means a person registered, 9
under part 3, division 8, as a provisional special purpose registrant. 10
"provisional special purpose registration" means registration of a person 11
as a provisional special purpose registrant under part 3, division 8. 12
"public members" see section 16(2)(b). 13
"public place" means a place that the public is entitled to use, is open to 14
the public or is used by the public (whether or not on payment of 15
money). 16
"recency of practice conditions" see section 78(2). 17
"recency of practice requirements" see section 72. 18
"register" means the register kept under section 198. 19
"registrant" means a person registered under part 3. 20
"registrant members" see section 16(2)(a). 21
"registration" means registration under part 3. 22
"registration fee" see section 43(1)(c)(iii). 23
"renewable registration" means a general registration or special purpose 24
registration. 25
"repealed Act" means the Pharmacy Act 1976. 26
"restoration fee" see section 82(1)(b)(i). 27
"restricted title" means a title that consists of, or includes, the words 28
`chemist', `pharmaceutical chemist' or `pharmacist'. 29
"review period", applying to conditions imposed by the board or the 30
District Court on a general registration, means the period, not more 31
141
Pharmacists Registration Bill 2001
SCHEDULE 4 (continued)
than 3 years after the decision to impose the conditions takes effect, 1
within which the registrant may not apply for a review of the 2
conditions under part 3, division 7. 3
"service agreement" means an agreement made under the Health 4
Practitioner Registration Boards (Administration) Act 1999, between 5
the executive officer and the board, for the provision of administrative 6
and operational support by the office to the board. 7
"show cause notice" see section 87(1). 8
"show cause period" see section 87(2)(d). 9
"special activities" see section 104. 10
"special purpose registrant" means a person registered, under part 3, 11
division 8, as a special purpose registrant, but does not include a 12
provisional special purpose registrant. 13
"special purpose registration" means registration of a person as a special 14
purpose registrant under part 3, division 8. 15
"supervised practice" see section 48. 16
"user", of a registrant's services, includes a person who used the services. 17
"warrant form" see section 154(5)(b). 18
© State of Queensland 2001
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