Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Pharmacists Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
Part 2 -- Pharmacists Registration
Board and committees
Division 1 -- The Board
4. Board established 7
5. Membership of Board 7
6. Presiding member and deputy presiding member 7
7. Constitution and proceedings 7
8. Remuneration and allowances 8
Division 2 -- Functions and powers
9. Functions 8
10 . Powers 8
11 . Delegation by Board 8
Division 3 -- Relationship of Board with
Minister
12 . Directions by Minister 9
13 . Minister to have access to information 10
Division 4 -- Committees
14 . Committees 11
15 . Provisions relating to committees 11
Division 5 -- Registrar and other staff
16 . Registrar 12
17 . Other staff 12
185--2 page i
Pharmacists Bill 2006
Contents
Division 6 -- General
18 . Duty not to make improper use of information 12
19 . Meetings and minutes of meetings 13
20 . Execution of documents by Board 14
Part 3 -- Finance and reports
21 . Funds of the Board 16
22 . Accounts 17
23 . Audit 17
24 . Annual report and other reports 17
Part 4 -- Registration
Division 1 -- Registration of pharmacists
25 . Natural persons may be registered as pharmacists 19
26 . Registration as a practising pharmacist 19
27 . Professional indemnity insurance 20
28 . Registration as a non-practising pharmacist 21
29 . Effect of registration as a pharmacist 21
30 . Duration of registration as a pharmacist 22
31 . Application for registration 22
32 . Renewal of registration 23
33 . Application for registration by a person whose
registration has been cancelled under
section 97(1)(i) 23
Division 2 -- Registration of pharmacies
34 . Definition 24
35 . Registration of premises as pharmacies 24
36 . Who may apply for registration 25
37 . Preserved company and prescribed private
hospitals to carry on pharmacy business only at
certain premises 25
38 . Application for registration 25
39 . Grounds for refusal 26
40 . Entry and inspection of registered pharmacy 27
41 . Duration of registration 28
42 . Cancellation and non-renewal of registration 28
43 . Conditions on registration 29
44 . Premises may be, or continue to be, registered even
if requirements as to minimum standards of fitness
are not met 30
page ii
Pharmacists Bill 2006
Contents
Division 3 -- The register
45 . The register 30
46 . Inspection of register 31
47 . Certificates of registration for pharmacists and
premises 32
48 . Voluntary removal from register and cancellation
of registration 33
49 . Removal of name and cancellation of registration
of pharmacist in certain circumstances 33
50 . Effect of removal of name from register 34
Division 4 -- Notifications to Board
51 . Change of address 34
52 . Loss of qualifications 34
53 . Insolvency 34
54 . Civil or criminal proceedings 35
55 . Information about professional indemnity
insurance 35
56 . Notification of intended change of ownership of, or
interests held in, pharmacy business 36
Part 5 -- Pharmacies
57 . Definitions 37
58 . Pharmacy business to be carried on at registered
premises 38
59 . Pharmacy business carried on by prescribed private
hospital 38
60 . Ownership of, and interests in, pharmacy business 39
61 . Limit on ownership of, and interests in, pharmacy
businesses 39
62 . Pharmacist to have overall responsibility for
pharmacy business 40
63 . Supervision of pharmacy business by pharmacist 41
64 . Death or bankruptcy of pharmacist, etc. 42
65 . Who may carry on a business that is not a
pharmacy business at a registered pharmacy 43
page iii
Pharmacists Bill 2006
Contents
Part 6 -- Disciplinary and
impairment matters
Division 1 -- Preliminary
66 . Disciplinary matters 45
67 . Impairment matters 45
Division 2 -- Committees
68 . Complaints assessment committee 46
69 . Impairment review committee 47
Division 3 -- Complaints
70 . Complaints 47
71 . Complaints assessment committee to determine
action required 48
72 . Complaints assessment committee may reject
certain complaints 49
Division 4 -- Summary orders of Board
73 . Interim orders by Board 49
74 . Complaint dealt with summarily to be referred to
the State Administrative Tribunal 51
75 . Complaint not dealt with summarily to be referred
to relevant committee 51
Division 5 -- Disciplinary matters
76 . Investigation and recommendation 51
77 . Role of Board 52
78 . Alternative to making allegation to the State
Administrative Tribunal 53
Division 6 -- Impairment matters
79 . Request by pharmacist for imposition of condition 54
80 . Revocation of condition 55
81 . Investigation 55
82 . Pharmacist to be notified about investigation 55
83 . Examination 55
84 . Report of examination 56
85 . Role of the impairment review committee 57
86 . Recommendation 57
87 . Role of Board 58
page iv
Pharmacists Bill 2006
Contents
Division 7 -- Investigator's role and powers
88 . Definition 59
89 . Investigator 59
90 . Report of investigator 59
91 . Powers of investigator 60
92 . Warrant to enter premises 62
93 . Issue of warrant 63
94 . Execution of warrant 63
Division 8 -- Conciliation
95 . Conciliation process 64
96 . Action if conciliation fails 65
Division 9 -- Role of the State Administrative
Tribunal
97 . Powers of the State Administrative Tribunal on
dealing with a disciplinary matter 65
98 . Powers of the State Administrative Tribunal on
dealing with an impairment matter 67
Division 10 -- Miscellaneous
99 . Suspension 68
100 . Costs and recovery 69
Part 7 -- Offences
101 . Persons who may practise pharmacy 70
102 . Persons who may be employed or engaged to
practise pharmacy 70
103 . Exceptions to sections 101 and 102 71
104 . Restrictions on employment of person suspended
from practice or whose registration is cancelled 71
105 . Use of restricted titles, or pretending to be
registered 72
106 . Provision of pharmaceutical services by
unregistered person in an emergency or by defence
force pharmacist 74
107 . Undue influence 75
108 . Failure to comply with disciplinary action 75
109 . False or misleading information 75
110 . Offences in relation to investigations 76
111 . Obstruction of investigator 77
112 . Assistance to execute warrant 77
113 . Incriminating information, questions or documents 78
page v
Pharmacists Bill 2006
Contents
114 . Legal professional privilege 78
115 . Vending machines not to be used to obtain
medicines or drugs 78
Part 8 -- Codes of practice, rules and
regulations
116 . Codes of practice 80
117 . Rules 80
118 . Regulations 82
119 . Forms 83
Part 9 -- Miscellaneous
120 . Surrender of certificate 84
121 . Protection from liability 85
122 . Notice of decisions to be given 85
123 . Review 86
124 . Publication of proceedings etc. 86
125 . Legal proceedings 87
126 . Liability of certain officers of body corporate:
offences 88
127 . Review of Act 89
128 . Pharmacy Act 1964 repealed 90
129 . Pharmacy Act Regulations 1976 repealed 90
130 . Transitional and savings provisions 90
131 . Consequential amendments to Acts 90
Schedule 1 -- Constitution and
proceedings of the Board
Division 1 -- General provisions
1. Term of office 91
2. Functions of deputy presiding member 91
3. Deputy members 91
4. Vacation of office by member 92
5. General procedure concerning meetings 92
6. Voting 93
7. Holding meetings remotely 93
8. Resolution without meeting 93
9. Minutes 93
page vi
Pharmacists Bill 2006
Contents
Division 2 -- Disclosure of interests etc.
10 . Meaning of "member" 94
11 . Disclosure of interests 94
12 . Exclusion of interested member 94
13 . Board or committee may resolve that clause 12
inapplicable 94
14 . Quorum where clause 12 applies 95
15 . Minister may declare clauses 12 and 14
inapplicable 95
Schedule 2 -- Transitional and
savings provisions
1. Terms used in this Schedule 96
2. Interpretation Act 1984 not affected 97
3. The List 97
4. Incorporated Pharmaceutical Society 97
5. The new Board is a continuation of the former
Council, other than in relation to the management
of the Pharmaceutical Society 99
6. Transfer of certain assets and liabilities to the
incorporated Pharmaceutical Society 99
7. Agreements and instruments 100
8. Members of former Council cease to hold office 101
9. Board members 101
10 . The registrar and other staff 101
11 . Exemption from State taxation 102
12 . Registration of documents 103
13 . Saving 103
14 . Annual report for part of a year 104
15 . Persons registered under the repealed Act 104
16 . Registered pharmacies 104
17 . Register 105
18 . Certificates of registration issued under the
repealed Act 105
19 . Restoration of certain names to the register 105
20 . Suspensions 105
21 . Persons carrying on the practice of a
pharmaceutical chemist or company under
section 36(2)(c) of the repealed Act 106
22 . Undertakings under the repealed Act 106
page vii
Pharmacists Bill 2006
Contents
23 . Matters being dealt with by the Board 106
24 . Investigations 106
25 . Failure to comply with an order made under the
repealed Act 107
26 . Powers in relation to transitional provision 107
Schedule 3 -- Consequential
amendments
1. Chiropractors Act 1964 amended 108
2. Civil Liability Act 2002 amended 108
3. Health Act 1911 amended 108
4. Health Amendment Act 1987 amended 109
5. Health Professionals (Special Events Exemption)
Act 2000 amended 109
6. Health Services (Conciliation and Review)
Act 1995 amended 109
7. Juries Act 1957 amended 109
8. Liquor Licensing Act 1988 amended 110
9. Medical Act 1894 amended 110
10 . Oaths, Affidavits and Statutory Declarations
Act 2005 amended 110
11 . Optometrists Act 1940 amended 111
12 . Poisons Act 1964 amended 111
13 . State Administrative Tribunal Act 2004 amended 113
14 . Veterinary Chemical Control and Animal Feeding
Stuffs Act 1976 amended 114
15 . Veterinary Surgeons Act 1960 amended 115
Defined Terms
page viii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail and upon reconsideration)
Pharmacists Bill 2006
A Bill for
An Act to provide for --
· the regulation of the practice of pharmacy; and
· the registration of persons as pharmacists; and
· the registration of premises as pharmacies,
and to repeal the Pharmacy Act 1964, make consequential
amendments to various Acts, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Pharmacists Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Pharmacists Act 2006.
2. Commencement
5 (1) Subject to this section, this Act comes into operation on a day
fixed by proclamation.
(2) This section, section 1 and Schedule 2 clause 4 come into
operation on the day after the day on which this Act receives the
Royal Assent.
10 (3) Different days may be fixed under subsection (1) for different
provisions.
(4) The day, or days, fixed under subsection (1) is, or are, not to be
before the day on which --
(a) a body is certified as the incorporated Pharmaceutical
15 Society under Schedule 2 clause 4; or
(b) the period allowed under that clause for such
certification has expired,
whichever occurs first.
3. Terms used in this Act
20 (1) In this Act, unless the contrary intention appears --
"application" means an application for registration;
"approved" means approved by the Board in writing;
"Board" means the Pharmacists Registration Board of Western
Australia established by section 4;
25 "certificate of registration" means a certificate of registration
issued under section 47(1) or (2);
"committee" means a committee established by the Board
under this Act;
page 2
Pharmacists Bill 2006
Preliminary Part 1
s. 3
"complainant" means a person who lodges a complaint under
section 70(1) or (2);
"complaint" means any of the following --
(a) a complaint lodged under section 70(1) or (2);
5 (b) a complaint referred under section 70(3);
(c) a matter the complaints assessment committee has
determined under section 70(4) to deal with as if it
were a complaint;
(d) a matter the Board has referred to the impairment
10 review committee under section 79(3);
"complaints assessment committee" means the committee
established under section 68;
"condition" includes restriction;
"Corporations Act" means the Corporations Act 2001 of the
15 Commonwealth;
"Director" means the Director of the Office of Health Review
under the Health Services (Conciliation and Review)
Act 1995;
"disciplinary matter" means a matter referred to in section 66;
20 "dispense", in relation to a medicine or drug that is, or contains,
a poison, within the meaning of the Poisons Act 1964,
means to supply that medicine or drug in accordance with
that Act;
"document" includes any tape, disc or other device or medium
25 on which information is recorded or stored;
"friendly society" means a company that is a friendly society
under the Corporations Act and that --
(a) provides mutual benefits to its members; and
(b) is a non-profit organisation; and
30 (c) has a constitution that provides that the main object
of the company is to carry on the business of
pharmacy;
page 3
Pharmacists Bill 2006
Part 1 Preliminary
s. 3
"hospital" has the same meaning as in the Hospitals and Health
Services Act 1927;
"impairment" means --
(a) mental disability; or
5 (b) injury; or
(c) physical illness;
"impairment matter" means a matter referred to in section 67;
"impairment review committee" means any committee
established under section 69;
10 "investigator" means a person appointed under section 89;
"legal practitioner" has the meaning given to that term in the
Legal Practice Act 2003 section 3;
"medical practitioner" means a medical practitioner registered
under the Medical Act 1894;
15 "member of the Board" includes a person acting under
Schedule 1 clause 3;
"non-practising pharmacist" means a pharmacist who is
registered under section 28;
"officer", in relation to a body corporate, has the meaning given
20 to "officer of a corporation" in the Corporations Act
section 9 but does not include an employee of the body
corporate unless the employee is concerned in the
management of the body corporate;
"pharmacist" means a person who is registered;
25 "pharmacy business" means a business --
(a) consisting of the provision of pharmaceutical
services; and
(b) from which goods and services relating to the
provision of pharmaceutical services may be
30 available,
page 4
Pharmacists Bill 2006
Preliminary Part 1
s. 3
other than a business carried on at premises operated by --
(c) a public hospital, as that term is defined in the
Hospitals and Health Services Act 1927; or
(d) the holder of a permit or licence under the Poisons
5 Act 1964 of a type prescribed by the regulations;
"practising pharmacist" means a pharmacist who is registered
under section 26;
"prescribed private hospital" means a private hospital, other
than a day hospital facility, nursing home or nursing post,
10 prescribed, or of a type prescribed, by the regulations;
"preserved company" means St John of God Health Care
Incorporated, an association incorporated under the
Associations Incorporation Act 1987;
"presiding member" means the presiding member of the Board
15 referred to in section 6;
"private hospital" means a natural person or a body corporate
that is the holder of a licence to conduct a private hospital
granted under the Hospitals and Health Services Act 1927
Part IIIA;
20 "proprietary interest", in respect of a pharmacy business,
means a legal or beneficial interest, and includes an interest
as --
(a) a sole proprietor; or
(b) a partner; or
25 (c) a director, member or shareholder of a company, as
defined in the Corporations Act; or
(d) a trustee or beneficiary of a trust,
and has a meaning affected by subsection (2);
"register" means the register referred to in section 45;
30 "registered" means registered by the Board under this Act;
"registered pharmacy" or "pharmacy" means premises
registered as a pharmacy under Part 4 Division 2;
page 5
Pharmacists Bill 2006
Part 1 Preliminary
s. 3
"registrar" means the person employed or engaged to be
registrar under section 16;
"registration" includes renewal of registration;
"respondent" means a person the subject of a complaint;
5 "student" means a person who is enrolled as a student and is
studying for a qualification referred to in section 26(2)(g);
"the practice of pharmacy" includes to --
(a) compound, dispense or otherwise supply; and
(b) advise or counsel on the effective and safe use of,
10 medicines or drugs but does not include to use, supply or sell a
poison under the Poisons Act 1964 section 23(2)(b), (c) or (e);
"trainee" means a person who --
(a) holds a qualification referred to in section 26(2)(g);
and
15 (b) is a party to a traineeship agreement;
"traineeship agreement" means an agreement made between a
trainee and a pharmacist under which training and practical
experience in the practice of pharmacy are to be provided
to the trainee.
20 (2) Without limiting the generality of the expression, a person will
be taken to hold a proprietary interest in a pharmacy business
if --
(a) the person is a party to an arrangement of a kind
prescribed by the regulations; or
25 (b) the person, in the course of carrying on a business,
provides a benefit to another for which the person is
entitled to receive the profits or income, or a share in the
profits or income, of a pharmacy business; or
(c) the person has, under a franchise or other commercial
30 arrangement, a right to receive consideration that varies
according to the profits or income of a pharmacy
business.
page 6
Pharmacists Bill 2006
Pharmacists Registration Board and committees Part 2
The Board Division 1
s. 4
Part 2 -- Pharmacists Registration Board
and committees
Division 1 -- The Board
4. Board established
5 (1) A body called the Pharmacists Registration Board of Western
Australia is established.
(2) The Board --
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
10 (c) may sue and be sued in its corporate name.
(3) The Board does not represent, and is not an agent of, the Crown.
5. Membership of Board
(1) The Board consists of 8 members appointed by the Minister, of
whom --
15 (a) 6 are to be pharmacists; and
(b) one is to be a person who has knowledge of and
experience in representing the interests of consumers;
and
(c) one is to be a legal practitioner.
20 (2) Each member of the Board is to be a natural person.
6. Presiding member and deputy presiding member
The presiding member and the deputy presiding member of the
Board are to be elected by the Board from amongst its members.
7. Constitution and proceedings
25 Schedule 1 has effect with respect to the constitution and
proceedings of the Board.
page 7
Pharmacists Bill 2006
Part 2 Pharmacists Registration Board and committees
Division 2 Functions and powers
s. 8
8. Remuneration and allowances
A member of the Board, or of a committee, is to be paid such
remuneration and allowances (if any) as the Minister, on the
recommendation of the Minister for Public Sector Management,
5 determines from time to time.
Division 2 -- Functions and powers
9. Functions
The functions of the Board are as follows --
(a) to advise the Minister on matters to which this Act
10 applies;
(b) to administer the scheme of registration under Part 4;
(c) to support and promote public education and research in
relation to the practice of pharmacy;
(d) to provide, conduct and monitor education, both
15 theoretical and practical, in the practice of pharmacy,
and provide advice on that education to the Minister and
to any other person or body involved in that education;
(e) to promote and encourage --
(i) the continuing education of pharmacists in the
20 practice of pharmacy; and
(ii) increased levels of skill, knowledge and
competence in the practice of pharmacy;
(f) to perform other functions that are conferred on the
Board under this Act or any other Act.
25 10. Powers
The Board has all the powers it needs to perform its functions.
11. Delegation by Board
(1) The Board may delegate any power or duty of the Board under
another provision of this Act or any other Act to --
30 (a) a member of the Board; or
page 8
Pharmacists Bill 2006
Pharmacists Registration Board and committees Part 2
Relationship of Board with Minister Division 3
s. 12
(b) a committee or a member of a committee; or
(c) the registrar.
(2) The delegation must be in writing executed by the Board.
(3) A person to whom a power or duty is delegated under this
5 section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been
delegated to the person under this section is to be taken to do so
in accordance with the terms of the delegation unless the
contrary is shown.
10 (5) Nothing in this section limits the ability of the Board to perform
a function through the registrar or any other member of staff or
an agent.
Division 3 -- Relationship of Board with Minister
12. Directions by Minister
15 (1) Subject to subsection (2), the Minister may, after consulting
with the Board, give directions in writing to the Board with
respect to the performance of its functions either generally or in
relation to a particular matter, and the Board is to give effect to
any such direction.
20 (2) The Minister must not under subsection (1) direct the Board
with respect to the performance of its functions in respect of --
(a) a particular person; or
(b) a particular qualification; or
(c) a particular application, complaint or proceeding.
25 (3) The text of a direction given under subsection (1) must be --
(a) laid before each House of Parliament within 14 sitting
days of that House after the direction is given; and
(b) included in the annual report submitted by the Board
under section 24(1).
page 9
Pharmacists Bill 2006
Part 2 Pharmacists Registration Board and committees
Division 3 Relationship of Board with Minister
s. 13
13. Minister to have access to information
(1) In this section --
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
5 Board.
(2) The Minister is entitled --
(a) to have information in the possession of the Board; and
(b) if the information is in or on a document, to have, and
make and retain copies of, that document.
10 (3) For the purposes of subsection (2) the Minister may --
(a) request the Board to furnish information to the Minister;
or
(b) request the Board to give the Minister access to
information; or
15 (c) for the purposes of paragraph (b) make use of the staff
of the Board to obtain the information and furnish it to
the Minister.
(4) The Board is to comply with a request under subsection (3) and
make its staff and facilities available to the Minister for the
20 purposes of subsection (3)(c).
(5) The Minister is not entitled to have information under this
section in a form that --
(a) discloses the identity of a person involved in a particular
application, complaint, investigation or other
25 proceeding; or
(b) might enable the identity of any such person to be
ascertained,
unless that person has consented to the disclosure.
page 10
Pharmacists Bill 2006
Pharmacists Registration Board and committees Part 2
Committees Division 4
s. 14
Division 4 -- Committees
14. Committees
(1) In addition to the complaints assessment committee and the
impairment review committee the Board may from time to time
5 establish any other committee.
(2) The Board may --
(a) determine the functions, membership and constitution;
and
(b) appoint such members and other persons as it thinks fit
10 to be members; and
(c) give directions with respect to the functions and
procedures,
of a committee established under this section.
(3) A committee is to comply with a direction given to it under
15 subsection (2)(c).
(4) At the request of the Board, a committee established under this
section is to report on the performance of its functions to the
Board, in accordance with the Board's request.
15. Provisions relating to committees
20 (1) Each member of a committee is to be a natural person.
(2) The Board may remove a person from membership of a
committee and may reconstitute or discharge a committee
established by the Board.
(3) A committee is to ensure that an accurate record is kept and
25 preserved of the proceedings of each meeting of the committee
and of each resolution passed by the committee.
(4) Subject to this Act, a committee may determine its own
procedures.
page 11
Pharmacists Bill 2006
Part 2 Pharmacists Registration Board and committees
Division 5 Registrar and other staff
s. 16
(5) A person with special knowledge or experience may be invited
to act in an advisory capacity to a committee if the committee is
of the opinion that the person will assist the committee in the
performance of its functions and the Board has approved the
5 invitation.
Division 5 -- Registrar and other staff
16. Registrar
(1) The Board is to employ or engage a person to be the registrar.
(2) The registrar has the functions that are conferred under this Act
10 or that the Board directs the registrar to perform.
(3) The registrar may delegate to a person employed or engaged by
the Board any power or duty of the registrar under another
provision of this Act.
(4) The delegation must be in writing executed by the registrar.
15 (5) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(6) A delegate exercising or performing a power or duty that has
been delegated to the person under this section is to be taken to
do so in accordance with the terms of the delegation unless the
20 contrary is shown.
17. Other staff
The Board may employ or engage persons to provide such
professional, technical or other assistance that the Board
considers necessary to enable it to perform its functions.
25 Division 6 -- General
18. Duty not to make improper use of information
A member or former member of the Board or a member or
former member of a committee must not, whether within or
page 12
Pharmacists Bill 2006
Pharmacists Registration Board and committees Part 2
General Division 6
s. 19
outside the State, make improper use of information acquired by
virtue of that position to gain, directly or indirectly, an
advantage for himself or herself or for any other person.
Penalty: a fine of $5 000.
5 19. Meetings and minutes of meetings
(1) Subject to this section, every meeting of the Board is to be open
to members of the public.
(2) Despite subsection (1) --
(a) the Board may of its own initiative order that in any
10 particular case a meeting, or part of a meeting, of the
Board is to be closed; and
(b) where a meeting of the Board concerns a proceeding
under Part 6 relating to a disciplinary or impairment
matter, a person to whom the proceedings relate may
15 request that the meeting, or part of the meeting, be
closed.
(3) The Board is to consider a request under subsection (2)(b) and
may order that the meeting, or part of the meeting, be closed if it
is of the opinion that such an order is in the best interests of the
20 parties involved or the maintenance of professional standards.
(4) The minutes of a meeting of the Board are to be open for
inspection at its principal place of business by members of the
public during normal office hours without fee, other than
minutes relating to --
25 (a) proceedings under Part 6 relating to a disciplinary or
impairment matter; or
(b) a matter determined to be confidential under
subsection (6); or
(c) a meeting, or part of a meeting, that the Board ordered
30 be closed under subsection (2)(a) or (3).
page 13
Pharmacists Bill 2006
Part 2 Pharmacists Registration Board and committees
Division 6 General
s. 20
(5) A person may, on payment of the fee prescribed by the
regulations, if any, obtain a copy of any minutes of the Board
available for inspection under subsection (4).
(6) The Board may determine that a matter is confidential if it
5 considers that its disclosure is likely to infringe the reasonable
privacy of any person.
20. Execution of documents by Board
(1) The Board is to have a common seal.
(2) A document is duly executed by the Board, if --
10 (a) the common seal of the Board is affixed to it in
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Board by a person or
persons authorised by the Board to do so under
subsection (5).
15 (3) The common seal of the Board is not to be affixed to any
document except as authorised by the Board.
(4) The common seal of the Board is to be affixed to a document in
the presence of 2 members of the Board and each of them is to
sign the document to attest that the common seal was so affixed.
20 (5) The Board may, by writing under its seal, authorise --
(a) a member or members of the Board; or
(b) a member or members of staff,
to sign documents on behalf of the Board, either generally or
subject to such conditions as are specified in the authorisation.
25 (6) A document executed under this section without the common
seal of the Board is not to be regarded as being a document
under seal.
(7) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary
30 is shown.
page 14
Pharmacists Bill 2006
Pharmacists Registration Board and committees Part 2
General Division 6
s. 20
(8) When a document is produced bearing a seal purporting to be
the common seal of the Board, it is to be presumed that the seal
is the common seal of the Board until the contrary is shown.
page 15
Pharmacists Bill 2006
Part 3 Finance and reports
s. 21
Part 3 -- Finance and reports
21. Funds of the Board
(1) The funds of the Board consist of --
(a) fees received by the Board; and
5 (b) grants (if any) by the State, and all gifts and donations
made to the Board, but subject to any trusts declared in
relation to the grants, gifts or donations; and
(c) penalties, costs and expenses received under section 78
or 100; and
10 (d) other money or property lawfully received by the Board
in connection with the performance of its functions.
(2) The funds of the Board may be applied --
(a) for the purposes of the administration and enforcement
of this Act, including the remuneration of members of
15 the Board and committees and of the registrar and other
persons employed or engaged by the Board; and
(b) for the purposes of providing, conducting and
monitoring education, both theoretical and practical, in
the practice of pharmacy; and
20 (c) for the payment of examinations and reports in
accordance with section 83(3); and
(d) for the furtherance of education, including public
education, and research in relation to the practice of
pharmacy; and
25 (e) by way of contribution to --
(i) any professional body for pharmacists; or
(ii) any national body comprising associations of
pharmacists,
for the development of professional, educational,
30 registration and practice standards by that body; and
page 16
Pharmacists Bill 2006
Finance and reports Part 3
s. 22
(f) for any other purpose that the Board may recommend
and the Minister may approve to enable the Board to
perform its functions.
22. Accounts
5 (1) The Board is to cause to be kept proper accounts and records of
the transactions and affairs of the Board and is to prepare
financial statements in accordance with Australian Accounting
Standards.
(2) The financial statements are to be prepared on an accrual basis
10 unless the Board determines otherwise.
23. Audit
The accounts and financial statements of the Board are to be
audited at least once a year, at the expense of the Board, by a
registered company auditor (as defined in paragraph (a) of the
15 definition of that term in the Corporations Act section 9)
appointed by the Board with the prior approval of the Minister.
24. Annual report and other reports
(1) The Board, not later than 31 December in each year, is to make
and submit to the Minister an annual report of its proceedings
20 for the preceding year ending on 30 June together with a copy
of its financial statements for that year and the auditor's report
on those statements.
(2) The Board's annual report must include details of --
(a) the number, nature, and outcome, of --
25 (i) investigations and inquiries undertaken under
this Act during the year to which the report
relates; and
(ii) matters that have been brought before the State
Administrative Tribunal by the Board during the
30 year to which the report relates;
and
page 17
Pharmacists Bill 2006
Part 3 Finance and reports
s. 24
(b) the number and nature of matters referred to in
paragraph (a) that are outstanding; and
(c) any trends or special problems that may have emerged;
and
5 (d) forecasts of the workload of the Board in the year after
the year to which the report relates; and
(e) any proposals for improving the operation of the Board.
(3) The Minister is to cause a copy of the Board's annual report and
financial statements and of the auditor's report submitted under
10 subsection (1) to be laid before each House of Parliament within
14 sitting days of that House after receipt of the report by the
Minister.
(4) The Board is to ensure that after subsection (3) has been
complied with copies of the reports and statements referred to in
15 that subsection are available on request for inspection at its
principal place of business.
page 18
Pharmacists Bill 2006
Registration Part 4
Registration of pharmacists Division 1
s. 25
Part 4 -- Registration
Division 1 -- Registration of pharmacists
25. Natural persons may be registered as pharmacists
Registration of a person as a pharmacist may be granted only to
5 a natural person.
26. Registration as a practising pharmacist
(1) The Board is to register an applicant as a pharmacist if satisfied
that the applicant has --
(a) complied with the requirements of subsection (2); and
10 (b) paid the registration fee, if any, prescribed by the
regulations.
(2) The requirements for registration as a pharmacist are that the
applicant --
(a) is a fit and proper person to be registered as a
15 pharmacist; and
(b) has not been convicted of an offence the nature of which
renders the person unfit to practise as a pharmacist; and
(c) has adequate knowledge of the English language both
written and oral; and
20 (d) has sufficient physical capacity, mental capacity and
skill to practise pharmacy; and
(e) holds a qualification, or has passed an examination, in
first aid approved by the Board; and
(f) has acquired such knowledge and has such practical
25 experience in the practice of pharmacy as in the opinion
of the Board is sufficient to enable that person to
perform efficiently the duties of a pharmacist; and
(g) holds a qualification prescribed by the rules as a
qualification for registration as a pharmacist or a
30 qualification that in the opinion of the Board is
equivalent to such a qualification.
page 19
Pharmacists Bill 2006
Part 4 Registration
Division 1 Registration of pharmacists
s. 27
(3) The Board may impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
competent and safe practice of pharmacy by the pharmacist.
(4) A condition imposed under subsection (3) may apply
5 indefinitely or for a period of time specified by the Board in the
written notice.
(5) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
10 27. Professional indemnity insurance
(1) Without limiting the Board's powers under section 26, the
Board may impose both of the following conditions as
conditions on the registration of a pharmacist under that
section --
15 (a) that --
(i) the pharmacist must hold professional indemnity
insurance; or
(ii) the practice of pharmacy by the pharmacist must
be covered by professional indemnity insurance;
20 or
(iii) the pharmacist must be specified or referred to in
professional indemnity insurance, whether by
name or otherwise, as a person to whom the
professional indemnity insurance extends even
25 though the pharmacist is not a party to the
professional indemnity insurance;
(b) that the professional indemnity insurance must meet the
minimum terms and conditions approved by the Board.
(2) A condition imposed under this section may apply indefinitely
30 or for a period of time specified by the Board in the written
notice of the decision given under section 122.
page 20
Pharmacists Bill 2006
Registration Part 4
Registration of pharmacists Division 1
s. 28
(3) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
28. Registration as a non-practising pharmacist
5 (1) At the request of an applicant, the Board may register the
applicant as a pharmacist subject to the condition that the person
does not practise pharmacy if satisfied that the applicant --
(a) is, or was, registered as a pharmacist under section 26;
and
10 (b) is not a person whose registration as a pharmacist is
cancelled and name removed from the register under
section 97(1)(i); and
(c) has paid the fee, if any, prescribed by the regulations.
(2) For the purpose of a condition imposed under subsection (1) --
15 "practise pharmacy" includes any of the following --
(a) to --
(i) compound, dispense or otherwise supply;
(ii) advise or counsel on the effective and safe use
of,
20 medicines or drugs for human use;
(b) to own, or hold a proprietary interest in, a pharmacy
business;
(c) to enter into a traineeship agreement or to supervise
or train a student or trainee.
25 29. Effect of registration as a pharmacist
Subject to this Act, registration as a pharmacist --
(a) under section 26 confers on the person registered the
right to carry on in the State the practice of pharmacy
under the title of "pharmacist" or another restricted title
30 referred to in section 105(1); and
page 21
Pharmacists Bill 2006
Part 4 Registration
Division 1 Registration of pharmacists
s. 30
(b) under section 28 confers on the person registered the
right to use the title "pharmacist" or another restricted
title referred to in section 105(1).
30. Duration of registration as a pharmacist
5 Subject to this Act, registration of a person as a pharmacist --
(a) has effect for the period prescribed by the regulations;
and
(b) may be renewed in accordance with the regulations for a
further period prescribed by the regulations.
10 31. Application for registration
(1) An application for registration as a pharmacist is to be --
(a) in writing; and
(b) made in an approved manner and form; and
(c) accompanied by the application fee, if any, prescribed
15 by the regulations.
(2) The applicant must provide the Board or the registrar with such
further information as the Board or the registrar requires, in any
particular case, and if required by the Board or the registrar
must verify the information by statutory declaration.
20 (3) The Board may, in writing, require an applicant for registration
as a pharmacist to attend before the Board for the purpose of
satisfying the Board as to a matter relevant to the application
and, if the person fails to attend, may refuse the application.
(4) The Board may refuse to register a person who does not comply
25 with this section.
page 22
Pharmacists Bill 2006
Registration Part 4
Registration of pharmacists Division 1
s. 32
32. Renewal of registration
(1) A pharmacist must pay to the Board the relevant fee prescribed
by the regulations for renewal of registration, and if the fee is
not paid on or before the day on which it falls due under the
5 regulations --
(a) the person ceases to be registered as a pharmacist; and
(b) the person's name must be removed from the register.
(2) A person whose name is removed from the register under
subsection (1) may at any time pay to the Board all fees that are
10 in arrears, and all fees that would be in arrears if the person had
continued to be registered, together with any additional amount
prescribed by the regulations for the purposes of this subsection,
and is then to be entitled, subject to this Act, to have his or her
registration renewed and name restored to the register.
15 (3) For the purposes of Part 6, the registration of a person whose
name is restored to the register under subsection (2) is taken to
have continued during the period that the person's name was
removed from the register under subsection (1).
(4) The Board is to give written notice of the renewal fee to a
20 pharmacist, sent to that person's address as recorded in the
register, at least 42 days before the fee falls due under the
regulations.
(5) A person may apply to the Board for the remission of fees
payable by the person under this section that are in arrears, and
25 the Board may remit those fees in whole or in part.
33. Application for registration by a person whose registration
has been cancelled under section 97(1)(i)
(1) In this section --
"disqualified person" means a person whose registration as a
30 pharmacist has been cancelled and name removed from the
register under section 97(1)(i).
page 23
Pharmacists Bill 2006
Part 4 Registration
Division 2 Registration of pharmacies
s. 34
(2) A disqualified person may not apply for registration as a
pharmacist for a period of 2 years after that person's registration
was cancelled.
(3) The Board cannot grant an application for registration as a
5 pharmacist by a disqualified person unless it has applied for,
and obtained, the approval of the State Administrative Tribunal
to do so.
(4) A person in respect of whom the Board has made an application
for approval under subsection (3) is to pay all of the costs and
10 expenses of or incidental to that application, whether or not the
approval of the State Administrative Tribunal is obtained.
(5) Registration of, and the practice of pharmacy by, a disqualified
person may be made subject to such conditions as the Board in
any particular case imposes.
15 Division 2 -- Registration of pharmacies
34. Definition
In this Division --
"applicant" means a person who has made an application under
section 36;
20 "supermarket" means a retail store or market the primary
business of which is the sale of a range of food, beverages,
groceries and other domestic goods.
35. Registration of premises as pharmacies
(1) Unless section 39 applies, the Board is to grant an application
25 made under section 36 for the registration of premises as a
pharmacy.
(2) Premises registered under this Division are to be registered in
the name of the applicant.
page 24
Pharmacists Bill 2006
Registration Part 4
Registration of pharmacies Division 2
s. 36
36. Who may apply for registration
The following persons may apply to the Board for the premises
at which a pharmacy business is, or is to be, established or
carried on to be registered as a pharmacy in the name of that
5 person --
(a) a pharmacist or friendly society who --
(i) owns, or holds a proprietary interest in, the
pharmacy business; or
(ii) intends to own, or acquire a proprietary interest
10 in, the pharmacy business;
(b) subject to section 37(1), the preserved company;
(c) subject to section 37(2), a prescribed private hospital.
37. Preserved company and prescribed private hospitals to
carry on pharmacy business only at certain premises
15 (1) The preserved company may not carry on a pharmacy business
at any premises other than premises at the place where it was
carrying on that business immediately before the
commencement of section 128 of this Act.
(2) A prescribed private hospital may not carry on a pharmacy
20 business at any premises other than the premises approved as
premises for the hospital under the Hospitals and Health
Services Act 1927 Part IIIA.
38. Application for registration
(1) An application for the registration of premises under this
25 Division must be --
(a) made in writing; and
(b) made in an approved manner and form; and
(c) accompanied by the application fee, if any, prescribed
by the regulations; and
30 (d) accompanied by such information as is required by the
regulations.
page 25
Pharmacists Bill 2006
Part 4 Registration
Division 2 Registration of pharmacies
s. 39
(2) The Board may request that an applicant provide to the Board
such further information as the Board reasonably requires to
decide the application.
(3) The Board may request that an applicant --
5 (a) attend before the Board for the purpose of satisfying the
Board as to a matter relevant to the application; or
(b) agree with the Board as to a mutually convenient time
for the inspection of the premises to ensure that the
premises meet the requirements prescribed by the
10 regulations for the minimum standards of fitness for the
competent and safe practice of pharmacy.
(4) A request under subsection (2) or (3) is to --
(a) be in writing; and
(b) be given to the applicant; and
15 (c) specify, if relevant --
(i) the time within which the information must be
provided; or
(ii) the time and place the person is to attend before
the Board.
20 (5) Information requested under subsection (2) must be provided --
(a) in writing; and
(b) within the time specified in the request.
(6) Information provided under this section must, if the Board so
requires, be verified by statutory declaration or supported by
25 other evidence required by the Board.
39. Grounds for refusal
The Board must refuse to grant an application for the
registration of premises under this Division if --
(a) the Board is not satisfied that the premises meet the
30 requirements prescribed by the regulations for the
minimum standards of fitness for the competent and safe
practice of pharmacy; or
page 26
Pharmacists Bill 2006
Registration Part 4
Registration of pharmacies Division 2
s. 40
(b) the application contains or is accompanied by
information that is false or misleading in a material
particular; or
(c) the applicant has not complied with a request made
5 under section 38(2) or (3); or
(d) where the applicant is a person referred to in
section 36(a) --
(i) the applicant is not a person who is entitled to
own, or hold a proprietary interest in, a pharmacy
10 business under section 60; or
(ii) section 61 would be breached if a pharmacy
business was carried on at the premises by the
applicant;
or
15 (e) the Board is satisfied that the premises are --
(i) located wholly or partly within a supermarket; or
(ii) capable of being entered from a supermarket; or
(iii) capable of being used to gain entry to a
supermarket;
20 or
(f) where the applicant is the preserved company or a
prescribed private hospital, the premises are not in
compliance with section 37.
40. Entry and inspection of registered pharmacy
25 (1) The Board may enter any registered pharmacy during business
hours and inspect the pharmacy or anything in or on the
pharmacy to ensure that the pharmacy meets the requirements
prescribed by the regulations for the minimum standards of
fitness for the competent and safe practice of pharmacy.
page 27
Pharmacists Bill 2006
Part 4 Registration
Division 2 Registration of pharmacies
s. 41
(2) A pharmacist practising at registered premises, and a person in
whose name the premises are registered, are to provide all
reasonable assistance to a person entering and inspecting a
pharmacy under subsection (1).
5 Penalty:
(a) for an individual, a fine of $1 000;
(b) for a body corporate, a fine of $2 500.
41. Duration of registration
Subject to this Act, registration of premises under this
10 Division --
(a) has effect for the period prescribed by the regulations;
and
(b) may be renewed in accordance with the regulations for a
further period prescribed by the regulations.
15 42. Cancellation and non-renewal of registration
(1) The Board must cancel or refuse to renew the registration of
premises under this Division if --
(a) the Board is not satisfied that the premises meet the
requirements prescribed by the regulations for the
20 minimum standards of fitness for the competent and safe
practice of pharmacy; or
(b) the registration was obtained by fraud or
misrepresentation; or
(c) a person who owns, or holds a proprietary interest in, the
25 pharmacy business carried on at the premises --
(i) is not, or has ceased to be, a person who is
entitled to own, or hold a proprietary interest in,
a pharmacy business under section 60; or
(ii) is in breach of section 61;
30 or
page 28
Pharmacists Bill 2006
Registration Part 4
Registration of pharmacies Division 2
s. 43
(d) the person in whose name the premises are registered no
longer carries on a pharmacy business at the premises;
or
(e) the Board is satisfied that the premises are --
5 (i) located wholly or partly within a supermarket; or
(ii) capable of being entered from a supermarket; or
(iii) capable of being used to gain entry to a
supermarket;
or
10 (f) where the premises are registered in the name of the
preserved company or a prescribed private hospital, the
premises are not in compliance with section 37.
(2) If the Board proposes to cancel or refuse to renew the
registration of a pharmacy under this Division, the Board is to
15 give the person in whose name the pharmacy is registered notice
in writing of the proposal to cancel or refuse to renew the
registration and the reasons for the proposal.
(3) A notice given under subsection (2) must state that within
14 days after the notice is given the person to whom it is given
20 may make representations in writing to the Board concerning
the matter, and the Board is not to determine the matter without
considering any representations received within that period.
43. Conditions on registration
(1) The Board may, at the time of granting registration of premises
25 as a pharmacy under this Division or at a later time, impose
such conditions on that registration as the Board reasonably
requires to ensure that the premises are of a minimum standard
of fitness for the competent and safe practice of pharmacy.
(2) A condition imposed by the Board under this section may apply
30 indefinitely or for a period of time specified by the Board in the
written notice of the decisions given under section 122.
page 29
Pharmacists Bill 2006
Part 4 Registration
Division 3 The register
s. 44
(3) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
44. Premises may be, or continue to be, registered even if
5 requirements as to minimum standards of fitness are not
met
Despite sections 39(a) and 42(1)(a), the Board may grant an
application for the registration of premises, or renew, or not
cancel, such a registration even though the premises do not meet
10 the requirements prescribed by the regulations for the minimum
standards of fitness for the competent and safe practice of
pharmacy if --
(a) the Board is satisfied that it is in the public interest for
the premises to be registered under this Division; and
15 (b) a condition has, or conditions have, been imposed on the
registration of the premises under section 43.
Division 3 -- The register
45. The register
(1) The Board is required to keep an accurate and up to date register
20 of pharmacists and registered pharmacies in such manner and
form as the Board determines.
(2) The following information is to be recorded in the register in
respect of each pharmacist --
(a) the name of that pharmacist;
25 (b) the business, or other, address of that pharmacist;
(c) each business name under which the pharmacist owns,
or holds a proprietary interest in, a pharmacy business;
(d) the address of each of the premises registered under
section 35 as a pharmacy in the name of that pharmacist;
30 (e) particulars of all of the qualifications in pharmacy
recognised by the Board and held by that pharmacist;
page 30
Pharmacists Bill 2006
Registration Part 4
The register Division 3
s. 46
(f) the provision of this Act under which the pharmacist is
registered;
(g) any conditions applying to the registration of the
pharmacist;
5 (h) details of the exercise of any power under
sections 73, 74, 77, 78, 97 and 98 in respect of that
pharmacist;
(i) such other information, if any, as is prescribed by the
regulations.
10 (3) The following information is to be recorded in the register in
respect of a registered pharmacy --
(a) the address of the pharmacy;
(b) the name of the person in whose name the pharmacy is
registered;
15 (c) any conditions imposed on the registration of the
pharmacy;
(d) such other information, if any, as is prescribed by the
regulations.
46. Inspection of register
20 (1) The register must be kept in the office of the registrar.
(2) The register must be available for inspection by members of the
public during normal office hours.
(3) The register may be made available for inspection by members
of the public on an internet website maintained by the Board.
25 (4) A person may, on application to the registrar, and payment of
the fee prescribed by the regulations, if any, obtain a certified
copy of the register or a particular entry in the register.
page 31
Pharmacists Bill 2006
Part 4 Registration
Division 3 The register
s. 47
(5) Information made available under subsections (2), (3)
and (4) --
(a) need not include the information, or all of the
information, prescribed by the regulations as
5 information to be recorded in the register; and
(b) is not to include a person's private address without the
consent of the person.
(6) No fee is payable under subsection (4) if the application is
made --
10 (a) by an officer of the department of the Public Service
principally assisting the Minister in the administration of
this Act; and
(b) for the purpose of carrying out the functions of an
officer of that department.
15 47. Certificates of registration for pharmacists and premises
(1) On the registration of a person as a pharmacist the Board is to
issue to that person a certificate of registration as a pharmacist
in the approved form.
(2) On the registration of premises as a pharmacy the Board is to
20 issue to the person in whose name the premises are registered a
certificate of registration of the premises as a pharmacy in the
approved form.
(3) In the absence of evidence to the contrary a certificate of
registration as a pharmacist is evidence that the person to whom
25 the certificate is issued is registered.
(4) In the absence of evidence to the contrary a certificate of
registration of premises as a registered pharmacy is evidence
that the premises specified in the certificate are registered as a
pharmacy.
page 32
Pharmacists Bill 2006
Registration Part 4
The register Division 3
s. 48
48. Voluntary removal from register and cancellation of
registration
(1) A pharmacist may, in writing, request the registrar to remove
the pharmacist's name from the register and cancel the
5 pharmacist's registration.
(2) Upon receipt of a request under subsection (1) the registrar is to
refer the request to the Board and may, if the Board so
approves, remove the name of the pharmacist from the register
and cancel the pharmacist's registration.
10 (3) This section does not apply to a pharmacist who is the subject of
proceedings under Part 6.
49. Removal of name and cancellation of registration of
pharmacist in certain circumstances
(1) Subject to subsections (2) and (3), the Board is to cancel the
15 registration of, and direct the registrar to remove from the
register, the name of a pharmacist if the Board is satisfied that
the pharmacist --
(a) has not practised pharmacy in the preceding period of
3 years; and
20 (b) has not maintained current knowledge and skills in the
practice of pharmacy at an approved level.
(2) If the Board proposes to give a direction under subsection (1),
the Board is to give the pharmacist written notice of the
proposal and the reasons for the proposal.
25 (3) A notice given under subsection (2) must state that within
28 days after the notice is given, the pharmacist to whom it is
given may make written representations to the Board
concerning the proposal, and the Board is not to give the
direction without considering any representations received
30 within that period.
(4) This section does not apply to, or in respect of, a non-practising
pharmacist.
page 33
Pharmacists Bill 2006
Part 4 Registration
Division 4 Notifications to Board
s. 50
50. Effect of removal of name from register
If the name of a registered person is removed from the register
under a provision of this Act, that person ceases to be registered
as a pharmacist.
5 Division 4 -- Notifications to Board
51. Change of address
(1) A pharmacist must give the registrar written advice of any
change to the address that is recorded in the register in relation
to the person.
10 Penalty: a fine of $1 000.
(2) The advice referred to in subsection (1) must be given no later
than 30 days after the change to the address.
52. Loss of qualifications
(1) A pharmacist must give the registrar written advice if a
15 qualification that enabled the person to be registered is
withdrawn or cancelled by the body that conferred the
qualification.
Penalty: a fine of $1 000.
(2) The advice referred to in subsection (1) must be given no later
20 than 90 days after the withdrawal or cancellation.
53. Insolvency
(1) In subsection (2) --
"insolvent" means a person who is an insolvent under
administration as defined in the Corporations Act section 9.
25 (2) A pharmacist must, within 7 days of becoming an insolvent,
give the registrar written advice of the insolvency.
Penalty: a fine of $5 000.
page 34
Pharmacists Bill 2006
Registration Part 4
Notifications to Board Division 4
s. 54
54. Civil or criminal proceedings
(1) A pharmacist must give the registrar written advice of any of the
following matters within 14 days after --
(a) any civil proceedings claiming damages or other
5 compensation arising out of the practice of pharmacy;
(b) any criminal proceedings for an offence arising out of
the practice of pharmacy,
are commenced against that pharmacist.
(2) A pharmacist must give the registrar written advice of any of the
10 following matters within 14 days after --
(a) any proceedings of a kind referred to in subsection (1)
commenced against that pharmacist are withdrawn or
settled;
(b) any such proceedings are determined by a court or other
15 tribunal.
Penalty: a fine of $5 000.
55. Information about professional indemnity insurance
(1) If it is a condition of a pharmacist's registration that --
(a) the pharmacist must hold professional indemnity
20 insurance; or
(b) pharmaceutical care provided by the pharmacist must be
covered by professional indemnity insurance; or
(c) the pharmacist must be specified or referred to in
professional indemnity insurance, whether by name or
25 otherwise, as a person to whom the professional
indemnity insurance extends even though the pharmacist
is not a party to the professional indemnity insurance,
the pharmacist must give the registrar written advice --
(d) if the professional indemnity insurance is cancelled; or
page 35
Pharmacists Bill 2006
Part 4 Registration
Division 4 Notifications to Board
s. 56
(e) of any change to the terms or conditions of the
professional indemnity insurance.
Penalty: a fine of $1 000.
(2) The advice referred to in subsection (1) must be given no later
5 than 30 days after the cancellation or change to the terms or
conditions.
56. Notification of intended change of ownership of, or interests
held in, pharmacy business
A person who intends to acquire, or dispose of, ownership of, or
10 a proprietary interest in, a pharmacy business must give the
registrar written advice of the intended acquisition or disposal at
least 14 days before the acquisition or disposal occurs.
Penalty:
(a) for an individual, a fine of $5 000;
15 (b) for a body corporate, a fine of $10 000.
page 36
Pharmacists Bill 2006
Pharmacies Part 5
s. 57
Part 5 -- Pharmacies
57. Definitions
In this Part --
"close family member", in respect of a pharmacist, means any
5 of the following --
(a) a spouse, de facto partner, child or parent of the
pharmacist;
(b) another family member in a relationship with the
pharmacist prescribed by the regulations for the
10 purposes of this definition;
"pharmacist" means a practising pharmacist;
"pharmacist controlled company" means a company within
the meaning of the Corporations Act --
(a) in which --
15 (i) at least one director is a pharmacist; and
(ii) every director is either a pharmacist or a close
family member of a pharmacist who is a
director;
and
20 (b) where each holder of shares, or of a beneficial or
legal interest in shares, in the company is a
pharmacist or a close family member of such a
pharmacist; and
(c) in which a pharmacist is, or pharmacists are, entitled
25 to control the exercise of more than 50% of the
voting power --
(i) at meetings of the directors of the company;
or
(ii) attached to voting shares issued by the
30 company.
page 37
Pharmacists Bill 2006
Part 5 Pharmacies
s. 58
58. Pharmacy business to be carried on at registered premises
A person must not own, or hold a proprietary interest in, a
pharmacy business unless the business is carried on at premises
that are registered as a pharmacy.
5 Penalty:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000;
(c) for each separate and further offence committed by
the person under the Interpretation Act 1984
10 section 71, a fine of $400.
59. Pharmacy business carried on by prescribed private
hospital
(1) In subsection (2) --
"in-patient", in respect of a prescribed private hospital, means
15 a patient who is admitted to the hospital for the purpose of
receiving treatment in a bed in the hospital.
(2) A prescribed private hospital must not own, or hold a
proprietary interest in, a pharmacy business other than a
business --
20 (a) consisting of the provision of pharmaceutical services
for in patients of the hospital only; and
(b) from which goods and services relating to the provision
of pharmaceutical services may be available for such
patients only.
25 Penalty:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000;
(c) for each separate and further offence committed by
the person under the Interpretation Act 1984
30 section 71, a fine of $400.
page 38
Pharmacists Bill 2006
Pharmacies Part 5
s. 60
60. Ownership of, and interests in, pharmacy business
(1) A person must not own, or hold a proprietary interest in, a
pharmacy business unless the person is --
(a) a pharmacist; or
5 (b) a person who is a partner in a partnership that carries on
the business and in which every partner is either --
(i) a pharmacist; or
(ii) a close family member of a partner who is a
pharmacist;
10 or
(c) a pharmacist controlled company; or
(d) a friendly society; or
(e) the preserved company; or
(f) a prescribed private hospital.
15 (2) For the purposes of subsection (1), a person is not to be treated
as having a proprietary interest in a pharmacy business owned
by a company referred to in subsection (1)(c), (d), (e) or (f) in
respect of an interest as a director, officer, trustee, member or
shareholder of that company.
20 Penalty:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000;
(c) for each separate and further offence committed by
the person under the Interpretation Act 1984
25 section 71, a fine of $400.
61. Limit on ownership of, and interests in, pharmacy
businesses
(1) A pharmacist must not own, or hold a proprietary interest in,
more than 4 pharmacy businesses at any one time.
30 (2) A friendly society must not own, or hold a proprietary interest
in, more than 4 pharmacy businesses at any one time.
page 39
Pharmacists Bill 2006
Part 5 Pharmacies
s. 62
(3) The preserved company must not own more than one pharmacy
business at any one time.
(4) A prescribed private hospital must not, at any one time, own
more than one pharmacy business for each licence to conduct a
5 private hospital held by it.
(5) A close family member of a pharmacist must not hold a
proprietary interest in more than 4 pharmacy businesses at any
one time.
(6) A new friendly society must not acquire, or acquire a
10 proprietary interest in, a pharmacy business, if the total number
of pharmacy businesses which are owned by a new friendly
society, or in which a new friendly society holds a proprietary
interests, is not less than 8.
(7) In subsection (6) --
15 "new friendly society" means a friendly society that did not
own, or hold a proprietary interest in, a pharmacy business
in this State immediately before the commencement of this
Act.
Penalty: a fine of $50 000.
20 62. Pharmacist to have overall responsibility for pharmacy
business
(1) If the person in whose name a pharmacy is registered under
section 35 is a pharmacist then that pharmacist has overall
responsibility for the pharmacy business carried on at the
25 pharmacy.
(2) If the person in whose name a pharmacy is registered under
section 35 is not a pharmacist then that person is to appoint a
pharmacist to have overall responsibility for the pharmacy
business carried on at the pharmacy.
30 Penalty: a fine of $5 000.
page 40
Pharmacists Bill 2006
Pharmacies Part 5
s. 63
(3) Within 7 days after appointing a pharmacist to have overall
responsibility for a pharmacy under subsection (2), the person
which appointed the pharmacist is to give written notice to the
Board specifying --
5 (a) the name and address of the pharmacist appointed to
have overall responsibility for the pharmacy business
carried on at the pharmacy; and
(b) the date from which the appointment of the pharmacist
commenced, or is to commence; and
10 (c) evidence that the pharmacist has agreed to the
appointment.
Penalty: a fine of $2 500.
(4) A person must not --
(a) carry on a pharmacy business at a pharmacy; or
15 (b) practise pharmacy at a pharmacy,
unless a pharmacist appointed under this section has overall
responsibility for the pharmacy business carried on at the
pharmacy.
Penalty:
20 (a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000.
63. Supervision of pharmacy business by pharmacist
The following persons are to ensure that the pharmacy business
carried on at a pharmacy is carried on under the personal
25 supervision of a pharmacist at all times --
(a) the person in whose name the pharmacy is registered
under section 35;
(b) the person appointed to have overall responsibility for
the pharmacy business under section 62(2).
30 Penalty:
(a) for an individual, a fine of $5 000;
page 41
Pharmacists Bill 2006
Part 5 Pharmacies
s. 64
(b) for a body corporate, a fine of $10 000.
64. Death or bankruptcy of pharmacist, etc.
(1) Despite sections 36 and 60, where --
(a) a pharmacist dies; or
5 (b) a pharmacist is an undischarged bankrupt or his or her
property is subject to an order or arrangement under the
laws relating to bankruptcy; or
(c) a company that owned, or held a proprietary interest in,
a pharmacy business is an externally-administered body
10 corporate within the meaning of the Corporations Act,
the personal legal representative of the pharmacist, or other
person in accordance with the laws relating to bankruptcy or the
Corporations Act, as is relevant, may for 12 months, or such
further period as the Board approves in writing --
15 (d) own, or hold a proprietary interest in, a pharmacy
business; and
(e) be the person in whose name the premises are registered
as a pharmacy.
(2) A person in whose name a pharmacy is registered under
20 subsection (1) is, after consultation with the Board, to appoint a
pharmacist to have overall responsibility for the pharmacy
business carried on at the pharmacy.
Penalty: a fine of $5 000.
(3) Within 7 days after appointing a pharmacist under
25 subsection (2), the person who appointed the pharmacist is to
give written notice to the Board specifying --
(a) the name and an address of the pharmacist appointed to
have overall responsibility of the pharmacy business
carried on at the pharmacy; and
30 (b) the date from which the appointment of the pharmacist
commenced, or is to commence; and
page 42
Pharmacists Bill 2006
Pharmacies Part 5
s. 65
(c) evidence that the pharmacist has agreed to the
appointment.
Penalty: a fine of $1 000.
(4) On a person ceasing to be a close family member of a
5 pharmacist due to death, divorce or separation --
(a) a proprietary interest held by that person in a pharmacy
business is to be dealt with in accordance with the
regulations; and
(b) for such period as the Board approves in writing, being
10 not longer than 12 months, section 60 does not apply in
respect of the proprietary interest held by that person.
65. Who may carry on a business that is not a pharmacy
business at a registered pharmacy
A person must not carry on a business that is not a pharmacy
15 business at a registered pharmacy unless the person is --
(a) the person in whose name the pharmacy is registered
under section 35; or
(b) a pharmacist who is in partnership with that person; or
(c) a pharmacist who is a director of the same pharmacist
20 controlled company as that person.
Penalty:
(a) for an individual --
(i) for a first offence, a fine of $5 000, and for
each separate and further offence committed
25 by the person under the Interpretation
Act 1984 section 71, a fine of $200;
(ii) for a subsequent offence, a fine of $10 000,
and for each separate and further offence
committed by the person under the
30 Interpretation Act 1984 section 71, a fine
of $400;
page 43
Pharmacists Bill 2006
Part 5 Pharmacies
s. 65
(b) for a body corporate --
(i) for a first offence, a fine of $10 000, and for
each separate and further offence committed
by the person under the Interpretation
5 Act 1984 section 71, a fine of $400;
(ii) for a subsequent offence, a fine of $20 000,
for each separate and further offence
committed by the person under the
Interpretation Act 1984 section 71, a fine
10 of $800.
page 44
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Preliminary Division 1
s. 66
Part 6 -- Disciplinary and impairment matters
Division 1 -- Preliminary
66. Disciplinary matters
The following are disciplinary matters --
5 (a) that a person has contravened a condition applying to
that person's registration as a pharmacist or the practice
of pharmacy by that person;
(b) that a person was the pharmacist with overall
responsibility for a pharmacy in respect of which a
10 condition imposed under section 43 has been
contravened;
(c) that a person in the course of his or her practise as a
pharmacist --
(i) acted carelessly; or
15 (ii) acted incompetently; or
(iii) acted improperly; or
(iv) breached this Act; or
(v) failed to comply with an undertaking given to the
Board under this Act; or
20 (vi) provided services that were excessive,
unnecessary or not reasonably necessary for the
recipient's wellbeing;
(d) that a person has been convicted of an offence the nature
of which renders the person unfit to practise as a
25 pharmacist.
67. Impairment matters
The following are impairment matters --
(a) that a person is affected by his or her use of or
dependence on alcohol or a drug to such an extent that
30 the ability of the person to practise as a pharmacist is or
is likely to be affected;
page 45
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 2 Committees
s. 68
(b) that a person suffers from an impairment to such an
extent that the ability of the person to practise as a
pharmacist is or is likely to be affected.
Division 2 -- Committees
5 68. Complaints assessment committee
(1) The Board is to establish a committee to be known as the
complaints assessment committee.
(2) The complaints assessment committee is to consist of the
following 3 persons appointed in writing by the Board from
10 time to time --
(a) a pharmacist (who may be a member of the Board);
(b) a person who is not a pharmacist and is not qualified to
be registered as a pharmacist;
(c) such other person (including a pharmacist or member of
15 the Board) as the Board considers appropriate.
(3) The Board is to appoint a member of the complaints assessment
committee to be the committee's chairperson.
(4) The complaints assessment committee is to submit an annual
report to the Board as soon as is practicable after 30 June in
20 each year in respect of the functions performed by the
committee during the year that ended on that day.
(5) A notice or appointment authorised by this Act to be given or
made by the complaints assessment committee is taken to have
been given or made by the committee if it is signed on behalf of
25 the committee --
(a) by the chairperson of the committee; or
(b) by some other person authorised by the committee to
sign the notice or appointment.
page 46
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Complaints Division 3
s. 69
69. Impairment review committee
(1) The Board may establish a committee to be known as the
impairment review committee.
(2) The impairment review committee is to consist of the following
5 3 persons appointed in writing by the Board from time to
time --
(a) a pharmacist (who may be a member of the Board);
(b) a medical practitioner;
(c) such other person (including a pharmacist or member of
10 the Board) as the Board considers appropriate.
(3) The Board is to appoint a member of the impairment review
committee to be the committee's chairperson.
(4) A notice or appointment authorised by this Act to be given or
made by the impairment review committee is taken to have been
15 given or made by the committee if it is signed on behalf of the
committee --
(a) by the chairperson of the committee; or
(b) by some other person authorised by the committee to
sign the notice or appointment.
20 Division 3 -- Complaints
70. Complaints
(1) A person may lodge a complaint in relation to an impairment
matter with the complaints assessment committee in relation to
a person who is a pharmacist.
25 (2) A person may lodge a complaint in relation to a disciplinary
matter with the complaints assessment committee in relation
to --
(a) a person who is registered as a pharmacist; or
(b) a person who was registered as a pharmacist when the
30 disciplinary matter allegedly occurred, but who is no
longer registered as a pharmacist.
page 47
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 3 Complaints
s. 71
(3) If the Director refers a complaint to the Board under the Health
Services (Conciliation and Review) Act 1995 section 31
or 43(3), the Board is to refer the complaint to the complaints
assessment committee.
5 (4) The complaints assessment committee may determine that an
impairment matter or a disciplinary matter is to be dealt with as
if it were the subject of a complaint lodged with the committee,
despite no complaint having been made to it.
(5) The complaints assessment committee is not to make a
10 determination under subsection (4) unless it is of the opinion
that --
(a) in respect of a person who is a pharmacist when the
determination is made, there is cause to investigate
whether an impairment matter or a disciplinary matter
15 exists or has occurred; or
(b) in respect of a person who was a pharmacist when a
disciplinary matter allegedly occurred, there is cause to
investigate whether a disciplinary matter occurred.
71. Complaints assessment committee to determine action
20 required
(1) The complaints assessment committee is to decide in respect of
a complaint --
(a) if the committee is of the opinion that the complaint
requires action under Division 4, to refer it to the Board
25 for action under that Division; or
(b) to reject the complaint under section 72; or
(c) in the case of a complaint relating to a disciplinary
matter, to deal with the complaint under subsection (3)
or section 76; or
30 (d) in the case of a complaint relating to an impairment
matter, to refer the complaint to the impairment review
committee.
page 48
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Summary orders of Board Division 4
s. 72
(2) To enable the complaints assessment committee to make a
decision under subsection (1) the committee may make such
inquiries as it considers appropriate.
(3) If the complaint relates to a disciplinary matter referred to in
5 section 66(c)(v), the complaints assessment committee may
recommend to the Board that it make an allegation to the State
Administrative Tribunal based on the complaint that gave rise to
the undertaking.
72. Complaints assessment committee may reject certain
10 complaints
(1) The complaints assessment committee may at any time before
deciding to --
(a) refer a complaint to the impairment review committee
under section 71(1)(d); or
15 (b) make a recommendation to the Board under
section 71(3) or 76,
reject a complaint if it is of the opinion that the complaint is
frivolous, vexatious or without substance.
(2) Within 7 days of making a decision under subsection (1), the
20 complaints assessment committee is to give written notice to the
complainant, if any, that the complaint is rejected and in the
notice is to give short particulars of the reasons for its decision.
Division 4 -- Summary orders of Board
73. Interim orders by Board
25 (1) If the Board is of the opinion that an activity of a pharmacist
involves or will involve a risk of imminent injury or harm to the
physical or mental health of any person, the Board may, without
further inquiry, do any or all of the following --
(a) give to the pharmacist who is carrying on that activity an
30 order prohibiting the carrying on of the activity for a
period of not more than 30 days;
page 49
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 4 Summary orders of Board
s. 73
(b) give to the pharmacist an order to comply, for a period
of not more than 30 days, with such conditions as the
Board thinks fit in relation to the practice of pharmacy
by that pharmacist;
5 (c) give to the pharmacist an order suspending the person
from the practice of pharmacy, either generally or in
relation to any specified circumstances or service, for a
period of not more than 30 days.
(2) An order made under subsection (1) must --
10 (a) state that the Board is of the opinion that the activity of
the pharmacist involves or will involve a risk of
imminent injury or harm to the physical or mental health
of any person; and
(b) specify the activity that in the Board's opinion involves
15 or will involve the risk and the matters that give or will
give rise to the risk; and
(c) advise that, within 14 days of the making of the order,
the Board will revoke the order or make an allegation
about the matter to the State Administrative Tribunal.
20 (3) The Board may, by subsequent order given to the person to
whom an order made under subsection (1) was given, revoke or
vary the original order at any time before making an allegation
about the matter to the State Administrative Tribunal under
section 74.
25 (4) The Board may deal under this section with a complaint even
if --
(a) the Board, the impairment review committee or the
complaints assessment committee is already dealing
with the complaint, or a complaint including elements of
30 the first-mentioned complaint, under this Act; or
(b) the same complaint, or a complaint including elements
of the first-mentioned complaint before the Board, has
been made under the Health Services (Conciliation and
Review) Act 1995 or is being treated as a complaint that
35 was made under that Act.
page 50
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Disciplinary matters Division 5
s. 74
74. Complaint dealt with summarily to be referred to the State
Administrative Tribunal
(1) Within 14 days of making an order under section 73, if that
order is not revoked under section 73(3), the Board is to --
5 (a) make an allegation about the matter in respect of which
the order was made to the State Administrative Tribunal;
and
(b) order that any other proceedings under this Part in
respect of the matter commenced before the making of
10 the order be discontinued.
(2) Upon an allegation made under subsection (1) the State
Administrative Tribunal may, in addition to any other order it
may make, affirm or revoke an order under section 73(1) or
vary the order by extending the period for which it applies or in
15 any other respect.
75. Complaint not dealt with summarily to be referred to
relevant committee
If the Board does not make an order under section 73 in respect
of a complaint referred to it under section 71(1)(a) then the
20 Board is to --
(a) refer the complaint to the complaints assessment
committee, if the complaint relates to a disciplinary
matter; or
(b) refer the complaint to the impairment review committee,
25 if the complaint relates to an impairment matter.
Division 5 -- Disciplinary matters
76. Investigation and recommendation
(1) If the complaints assessment committee has made a decision to
deal with a complaint relating to a disciplinary matter under this
30 section or has had a complaint referred back to it under
section 75, the complaints assessment committee is to
investigate the complaint.
page 51
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 5 Disciplinary matters
s. 77
(2) On completion of the investigation the complaints assessment
committee is to make a recommendation to the Board --
(a) to make a summary order under Division 4 (unless the
complaint has been referred back to the committee under
5 section 75); or
(b) if the complaint comes within the Health Services
(Conciliation and Review) Act 1995 section 25, not
being a complaint referred to the Board under section 31
or 43(3) of that Act, to give a copy of the complaint to
10 the Director; or
(c) if paragraph (b) does not apply, to attempt to settle the
complaint by conciliation; or
(d) to caution or reprimand the respondent; or
(e) to accept an undertaking from the respondent to take or
15 refrain from action specified in the recommendation; or
(f) to make an allegation about the complaint to the State
Administrative Tribunal; or
(g) to take no further action.
(3) The complaints assessment committee is not to make a
20 recommendation under subsection (2)(c) unless it is satisfied
that the matter can be dealt with satisfactorily by informal
procedures.
(4) The complaints assessment committee may recommend to the
Board that it take action under both subsection (2)(d) and (e) in
25 respect of a complaint.
77. Role of Board
(1) The Board is to consider the recommendation of the complaints
assessment committee under section 76(2) and may either --
(a) act on the recommendation of the complaints assessment
30 committee; or
(b) take action of a kind referred to in section 76(2) other
than that recommended by the complaints assessment
committee.
page 52
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Disciplinary matters Division 5
s. 78
(2) The Board is not to take action of a kind referred to in
section 76(2)(c) unless it is satisfied that the matter can be dealt
with satisfactorily by informal procedures.
(3) The Board may take action under both section 76(2)(d) and (e)
5 in respect of a complaint.
(4) Within 7 days of making a decision under subsection (1), the
Board is to give written notice to the complainant, if any, and
the respondent of the action proposed to be taken by the Board
together with short particulars of the reasons for the decision.
10 78. Alternative to making allegation to the State Administrative
Tribunal
(1) If the Board --
(a) is of the opinion that a proceeding before the State
Administrative Tribunal is not warranted by the nature
15 of the allegation; and
(b) has afforded to the person concerned the opportunity of
giving an explanation to the Board either in person or in
writing and is not satisfied by any explanation offered;
and
20 (c) has afforded to the person concerned the option of the
matter proceeding before the State Administrative
Tribunal and that option has not been taken up,
the Board, instead of making an allegation to the State
Administrative Tribunal under section 77(1), may do one or
25 more of the following --
(d) if the person is a pharmacist, order that the particulars
entered in the register in relation to that person be
amended;
(e) caution or reprimand that person;
page 53
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 6 Impairment matters
s. 79
(f) if the person is a pharmacist, require that person to give
an undertaking to the Board, either with or without
security, for such period as is specified --
(i) in relation to his or her future conduct as a
5 pharmacist;
(ii) to comply with such conditions as are specified
in relation to his or her practice of pharmacy;
(g) order that person to pay to the Board a penalty not
exceeding a fine of $2 500.
10 (2) The Board may, in addition to or instead of imposing one or
more of the penalties specified in subsection (1), order the
person concerned to pay such costs and expenses of or
incidental to the proceedings as the Board thinks fit.
(3) Where any penalty, costs or expenses are ordered to be paid
15 under this section the amount ordered to be paid is recoverable
in any court of competent jurisdiction as a debt due to the
Board.
(4) Within 7 days of making a decision under subsection (1)(d)
to (g) or (2), the Board is to give written notice to the
20 complainant, if any, and the respondent of the decision together
with short particulars of the reasons for the decision.
Division 6 -- Impairment matters
79. Request by pharmacist for imposition of condition
(1) A pharmacist who believes that his or her ability to practise
25 pharmacy is affected because of an impairment matter may ask
the Board to impose a condition with respect to his or her
registration as a pharmacist.
(2) If the Board and the pharmacist agree on the condition to be
imposed, the Board is to impose the condition with respect to
30 the registration of the pharmacist.
page 54
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Impairment matters Division 6
s. 80
(3) If the Board and the pharmacist do not agree on the condition to
be imposed, the Board is to refer the matter to the impairment
review committee for investigation under this Division.
80. Revocation of condition
5 The Board may revoke a condition imposed under section 79 if
the pharmacist satisfies the impairment review committee that
his or her ability to practise pharmacy is no longer affected
because of the impairment matter that gave rise to the
imposition of the condition.
10 81. Investigation
The impairment review committee is to investigate a complaint
referred to it.
82. Pharmacist to be notified about investigation
(1) The impairment review committee is to give written notice of
15 the investigation to the pharmacist to whom the complaint
relates.
(2) The notice must --
(a) advise the pharmacist of the nature of the impairment
matter to be investigated; and
20 (b) if the impairment review committee considers that an
examination of the pharmacist is necessary, ask the
pharmacist to advise the committee as to whether or not
he or she will agree to undergo an examination relating
to the impairment matter within a period specified by
25 the committee in the notice; and
(c) contain a brief summary of the effect of this Division.
83. Examination
(1) If the pharmacist agrees to undergo an examination within the
period specified in the notice under section 82(2)(b), the
30 pharmacist is to be examined by a medical practitioner agreed
upon by the impairment review committee and the pharmacist.
page 55
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 6 Impairment matters
s. 84
(2) If the impairment review committee and the pharmacist are
unable to agree upon the person to conduct the examination, the
Board is to appoint a medical practitioner to perform the
examination.
5 (3) The Board is to pay for an examination conducted under this
section and a report provided under section 84.
(4) If the pharmacist does not agree to undergo an examination
within the period specified in the notice under section 82(2)(b)
or does not abide by an agreement to undergo such an
10 examination, the impairment review committee is to
recommend to the Board that the Board make an allegation
about the complaint to the State Administrative Tribunal.
84. Report of examination
(1) A medical practitioner who conducts an examination under
15 section 83 is to give a report of the examination to the
impairment review committee and, not more than 7 days later,
the committee is to give a copy of the report to the pharmacist.
(2) Despite subsection (1), if it appears to the impairment review
committee that the disclosure to the pharmacist of information
20 in the report might be prejudicial to the physical or mental
health or wellbeing of the pharmacist, the committee may
decide not to give that report to the pharmacist but to give it
instead to a medical practitioner or a pharmacist nominated by
the pharmacist.
25 (3) If the pharmacist does not nominate a medical practitioner or
another pharmacist to the impairment review committee within
7 days of being requested to do so by the committee, the
committee may give the report to a medical practitioner or
pharmacist selected by the committee.
30 (4) The pharmacist may make written representations to the
impairment review committee with respect to the report within
7 days after the report is given to him or her or the medical
practitioner or pharmacist nominated by him or her or selected
by the committee.
page 56
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Impairment matters Division 6
s. 85
85. Role of the impairment review committee
(1) On completion of the investigation of a pharmacist and after
considering --
(a) any report given to the committee under section 84(1);
5 and
(b) any representations made by the pharmacist under
section 84(4),
the impairment review committee is to decide whether or not
further action should be taken.
10 (2) If the impairment review committee decides that further action
should be taken, it is to request that the pharmacist consent --
(a) to the imposition of conditions on his or her registration
as a pharmacist; or
(b) to being suspended from the practice of pharmacy for a
15 period, not exceeding 2 years, specified by the
impairment review committee; or
(c) to undergo counselling specified by the impairment
review committee.
(3) If the impairment review committee decides that no further
20 action should be taken it is to give written advice to that effect
to --
(a) the Board; and
(b) the complainant, if any; and
(c) the pharmacist.
25 86. Recommendation
(1) If the pharmacist does not consent to a request made under
section 85(2) within 10 days of the request being made, the
impairment review committee is to recommend to the Board
that the Board make an allegation about the complaint to the
30 State Administrative Tribunal.
page 57
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 6 Impairment matters
s. 87
(2) If the pharmacist does consent to a request made under
section 85(2) within 10 days of the request being made, the
impairment review committee is to recommend to the Board
that the Board take any action to which the pharmacist
5 consented.
(3) A recommendation made under subsection (1) or (2) must be
made in writing and contain details of the committee's
investigation of the pharmacist.
87. Role of Board
10 (1) The Board is to consider a recommendation of the impairment
review committee and may --
(a) decide not to take any action; or
(b) take any action to which the pharmacist consented under
section 85(2); or
15 (c) make an allegation about the complaint to the State
Administrative Tribunal.
(2) For the purpose of taking action to which the pharmacist
consented under section 85(2), the Board may --
(a) impose the conditions to which the pharmacist
20 consented; or
(b) suspend the pharmacist from the practice of pharmacy
for the period specified by the impairment review
committee; or
(c) obtain an undertaking from the pharmacist to undergo
25 the counselling specified by the impairment review
committee,
as the case may require.
(3) Within 7 days of making a decision under subsection (1) or (2)
the Board is to give written notice to the pharmacist and the
30 complainant, if any, of the decision made by the Board together
with short particulars of the reasons for the decision.
page 58
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Investigator's role and powers Division 7
s. 88
Division 7 -- Investigator's role and powers
88. Definition
In this Division --
"appointing body", in relation to an investigator, means the
5 Board or the complaints assessment committee which
appointed the investigator.
89. Investigator
(1) The Board or the complaints assessment committee may appoint
a person to investigate a complaint and report to the Board or
10 committee.
(2) An appointing body is to issue to each investigator it appoints a
certificate of appointment in an approved form.
(3) A certificate purporting to have been issued under this section is
evidence in any court of the appointment to which the certificate
15 purports to relate.
90. Report of investigator
(1) An investigator is to --
(a) within such period as the appointing body requires,
prepare a report on the investigation, and make
20 recommendations as to the manner in which the
complaint should be dealt with; and
(b) immediately after preparing the report, provide the
appointing body with a copy of the report.
(2) The investigator is to return his or her certificate of appointment
25 at the time the appointing body is provided with a copy of the
report.
page 59
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 91
91. Powers of investigator
(1) An investigator may for the purposes of an investigation --
(a) enter and inspect the premises named in a warrant issued
under section 93(1), and exercise the powers authorised
5 under section 93(2)(b) and (c); and
(b) require a person to produce to the investigator any
document or other thing concerning the investigation
that is in the possession or under the control of the
person; and
10 (c) inspect any document or other thing produced to the
investigator and retain it for such reasonable period as
the investigator thinks fit, and make copies of a
document or any of its contents; and
(d) require a person --
15 (i) to give the investigator such information as the
investigator requires; and
(ii) to answer any question put to that person,
in relation to the matter the subject of the investigation;
and
20 (e) exercise other powers conferred on an investigator by
the regulations.
(2) A requirement made under subsection (1)(b) --
(a) must be made by notice in writing given to the person
required to produce the document or other thing; and
25 (b) must specify the time at or within which the document
or other thing is to be produced; and
(c) may, by its terms, require that the document or other
thing required be produced at a place and by means
specified in the requirement; and
30 (d) where the document required is not in a readable format,
is to be treated as a requirement to produce --
(i) the document itself; and
page 60
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Investigator's role and powers Division 7
s. 91
(ii) the contents of the document in a readable
format.
(3) A requirement made under subsection (1)(d) --
(a) may be made orally or by notice in writing served on the
5 person required to give information or answer a
question, as the case may be; and
(b) must specify the time at or within which the information
is to be given or the question is to be answered, as the
case may be; and
10 (c) may, by its terms, require that the information or answer
required --
(i) be given orally or in writing; or
(ii) be given at or sent or delivered to a place
specified in the requirement; or
15 (iii) in the case of written information or answers be
sent or delivered by means specified in the
requirement; or
(iv) be verified by statutory declaration.
(4) If under subsection (1)(b) an investigation requires a person to
20 produce a document or other thing, the investigator is to inform
the person that the person is required under this Act to produce
the document or other thing.
(5) If under subsection (1)(d) an investigator requires a person to
give information or answer a question, the investigator is to
25 inform that person that the person is required under this Act to
give the information or answer the question.
(6) An investigator is to produce his or her certificate of
appointment if requested to do so by a person in respect of
whom the investigator has exercised, or is about to exercise, a
30 power under this section.
page 61
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 92
92. Warrant to enter premises
(1) If the Board has determined in a particular case that an
investigator has reasonable grounds for believing that entry to
premises is necessary for the purpose of substantiating a
5 complaint that may involve a threat to the physical or mental
health of a person, the investigator may apply to a magistrate for
a warrant to be issued in respect of those premises.
(2) An application for a warrant must --
(a) be in writing; and
10 (b) be accompanied by a notice in writing from the Board
stating that it has determined in the particular case that
the investigator has reasonable grounds for believing
that entry to premises is necessary for the purpose of
substantiating a complaint that may involve a threat to
15 the physical or mental health of a person; and
(c) set out the grounds for seeking the warrant; and
(d) describe the premises that are to be entered.
(3) A magistrate to whom an application is made under this section
is to refuse it if --
20 (a) the application does not comply with the requirements
of this Act; or
(b) when required to do so by the magistrate, the
investigator does not give to the magistrate more
information about the application.
25 (4) The information in an application given to a magistrate under
this section must be verified before the magistrate on oath or
affirmation or by affidavit, and the magistrate may for that
purpose administer an oath or affirmation or take an affidavit.
page 62
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Investigator's role and powers Division 7
s. 93
93. Issue of warrant
(1) A magistrate to whom an application is made under section 92
may issue a warrant, if satisfied that there are reasonable
grounds for believing that entry and inspection of the premises
5 are necessary for the purpose referred to in that section.
(2) A warrant under subsection (1) authorises the investigator --
(a) to enter and inspect the premises named in the warrant;
and
(b) to require a person on the premises to answer questions
10 or produce documents or other things concerning the
investigation that are in the possession or under the
control of the person; and
(c) to inspect documents and other things, and take copies
of or extracts from documents, produced in compliance
15 with a requirement made under paragraph (b).
(3) There must be stated in a warrant --
(a) the purpose for which the warrant is issued; and
(b) the name of the person to whom the warrant is issued;
and
20 (c) a description of the premises that may be entered.
(4) A magistrate who issues a warrant is to cause a record to be
made of particulars of the grounds that the magistrate has relied
on to justify the issue of the warrant.
94. Execution of warrant
25 (1) If asked by an occupier, or a person in charge, of premises, the
person executing a warrant at those premises is to produce it for
inspection.
(2) A warrant ceases to have effect --
(a) at the end of the period of one month after its issue; or
30 (b) if it is withdrawn by the magistrate who issued it; or
page 63
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 8 Conciliation
s. 95
(c) when it is executed,
whichever occurs first.
Division 8 -- Conciliation
95. Conciliation process
5 (1) If an attempt is to be made to settle a complaint by conciliation,
the Board is to refer the complaint to the complaints assessment
committee.
(2) The complaints assessment committee is to commence
conciliation procedures within 14 days of the complaint being
10 referred to it under subsection (1) and may for that purpose --
(a) cause conferences of the complainant or person affected
by the conduct of the respondent and the respondent, or
their representatives, to be arranged and to be presided
over by a person appointed in accordance with the
15 regulations; and
(b) give advice and make recommendations to assist in the
reaching of an agreement; and
(c) cause the persons concerned, or any of them, either
separately or together, to appear before the complaints
20 assessment committee.
(3) The Board may, with the consent of each of the parties to that
agreement, by order give effect to an agreement negotiated
under this Division.
(4) If the Board makes an order under subsection (3) --
25 (a) the terms of the agreement reached between the parties
referred to in the order are final and binding on those
parties; and
(b) the order may include any action that might have been
taken by the State Administrative Tribunal under
30 section 97(1) or 98(1).
page 64
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Role of the State Administrative Tribunal Division 9
s. 96
(5) Evidence of anything lawfully said or done, or any record
prepared and produced for the purpose of conciliation, by a
person in the course of the conciliation process is not to be used
in any subsequent consideration of the complaint by the Board
5 nor, unless that person waives the right to object, is it admissible
in evidence against that person in any subsequent civil
proceedings concerning the subject matter of the complaint.
96. Action if conciliation fails
If --
10 (a) the conciliation process fails to result in an agreement
between the complainant or other person affected by the
conduct of the respondent and the respondent; or
(b) the Board is satisfied that the parties are not cooperating
with the conciliation process; or
15 (c) the Board is not satisfied with the result of the
conciliation process,
the Board is to --
(d) make a summary order under Division 4; or
(e) investigate the complaint; or
20 (f) make an allegation about the complaint to the State
Administrative Tribunal.
Division 9 -- Role of the State Administrative Tribunal
97. Powers of the State Administrative Tribunal on dealing with
a disciplinary matter
25 (1) If, in a proceeding commenced by an allegation under this Act,
the State Administrative Tribunal is of the opinion that a
disciplinary matter exists in relation to a person, the Tribunal
may do one or more of the following --
(a) decline to make an order or a requirement under this
30 subsection;
page 65
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 9 Role of the State Administrative Tribunal
s. 97
(b) order the registrar to amend the particulars entered in the
register in respect of the person;
(c) caution or reprimand the person;
(d) require the person --
5 (i) if the client agrees, to provide further services to
a client at no cost or at an amount determined by
the Tribunal; or
(ii) to pay, wholly or in part, for further services to
be provided to a client by another pharmacist; or
10 (iii) to reduce or refund the amount of any fees paid
in respect of services provided to a client, to such
an extent as is determined by the Tribunal;
(e) order that the person comply with such conditions as the
Tribunal may impose on the registration of that person
15 as a pharmacist;
(f) require the person to complete educational or clinical
courses, or both, as specified in the order or to practise
under supervision as specified in the order for a period
specified in the order;
20 (g) require the person to seek and implement, within a
period specified in the order, advice from a person or
persons specified in the order in relation to the
management and conduct of the person's practice of
pharmacy or the specific part or aspect of that practice
25 specified in the order;
(h) order the person to pay a penalty not exceeding a fine
of $25 000;
(i) order that the person's registration as a pharmacist be
cancelled and name be removed from the register;
30 (j) order that the person be suspended from the practice of
pharmacy, either generally or in relation to any specified
circumstances or service, for a period, not exceeding
2 years, specified in the order.
page 66
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Role of the State Administrative Tribunal Division 9
s. 98
(2) If, in a proceeding commenced by an allegation under this Act
against a person who was a pharmacist when the disciplinary
matter allegedly occurred but who is no longer a pharmacist, the
State Administrative Tribunal is of the opinion that a
5 disciplinary matter exists in relation to the person, the only
powers that the Tribunal may exercise are the powers in
subsection (1)(a), (c), (d)(ii) and (iii) and (h).
(3) If, during the course of hearing an allegation in respect of a
disciplinary matter, the State Administrative Tribunal
10 determines that the allegation involves an impairment matter,
the Tribunal may deal with it under section 98(1) instead of
under this section.
98. Powers of the State Administrative Tribunal on dealing with
an impairment matter
15 (1) If, in a proceeding commenced by an allegation under
section 87(1)(c), the State Administrative Tribunal is of the
opinion that an impairment matter exists in relation to a person,
the Tribunal may do one or more of the following --
(a) decline to make an order or a requirement under this
20 subsection;
(b) order that the person comply with such conditions as the
Tribunal may impose on the registration of that person
as a pharmacist;
(c) require the person to seek and undergo medical
25 treatment or counselling specified by the Tribunal;
(d) order that the person be suspended from the practice of
pharmacy, either generally or in relation to any specified
circumstances or service, for the period of time, not
exceeding 2 years, specified by the State Administrative
30 Tribunal in the order.
(2) If, during the course of hearing an allegation in respect of an
impairment matter, the State Administrative Tribunal
determines that the allegation involves a disciplinary matter, the
Tribunal may deal with it under section 97(1) or (2) instead of
35 under this section.
page 67
Pharmacists Bill 2006
Part 6 Disciplinary and impairment matters
Division 10 Miscellaneous
s. 99
Division 10 -- Miscellaneous
99. Suspension
(1) Subject to subsection (3)(b), if, under section 73(1)(c), 87(2)(b),
97(1)(j) or 98(1)(d), a person is suspended from the practice of
5 pharmacy generally, the person is to be regarded as not being
registered as a pharmacist during the period of the suspension.
(2) Subject to subsection (3)(b), if, under section 73(1)(c), 97(1)(j)
or 98(1)(d), a person is suspended from the practice of
pharmacy in relation to any specified circumstances or service,
10 the person is to be regarded as not being registered as a
pharmacist during the period of the suspension in relation to the
circumstances or the performance of the service specified in the
order of suspension.
(3) If a person suspended from the practice of pharmacy --
15 (a) is a person with overall responsibility for pharmacy
business carried on at a pharmacy under section 62 then,
the person in whose name the pharmacy is registered
is --
(i) as soon as is practicable after the pharmacist is
20 suspended, but in any event not later than 5 days
after the suspension, to appoint another
pharmacist to have overall responsibility for the
pharmacy business carried on at that pharmacy;
and
25 (ii) notify the Board in accordance with
section 62(3);
or
(b) for a period of 12 months or less, owns, or holds a
proprietary interest in, a pharmacy business then the
30 person is to be regarded as being registered as a
pharmacist for the purpose of section 60 and, subject to
this Act, may continue to own, or hold the interest in,
the pharmacy business for the period of the suspension.
page 68
Pharmacists Bill 2006
Disciplinary and impairment matters Part 6
Miscellaneous Division 10
s. 100
(4) The Board may, by notice in writing, revoke a suspension,
either generally or to a specified extent, and may direct in the
notice that the revocation has effect from a date specified in the
notice.
5 (5) The Board cannot revoke a suspension that was imposed by the
State Administrative Tribunal under section 97(1)(j) or 98(1)(d)
unless it has applied for, and obtained, the approval of the
Tribunal to do so.
100. Costs and recovery
10 (1) The Board may, in addition to or instead of exercising a power
under section 77(1), order the respondent to pay such costs and
expenses of or arising from the investigation and exercise of
that power as the Board thinks fit.
(2) Any costs or expenses ordered to be paid under this section are
15 recoverable by the Board in a court of competent jurisdiction as
a debt due to the Board.
page 69
Pharmacists Bill 2006
Part 7 Offences
s. 101
Part 7 -- Offences
101. Persons who may practise pharmacy
A person must not practise pharmacy unless that person is
registered as a pharmacist under section 26.
5 Penalty:
(a) for an individual --
(i) for a first offence, a fine of $5 000, and for
each separate and further offence committed
by the person under the Interpretation
10 Act 1984 section 71, a fine of $200;
(ii) for a subsequent offence, a fine of $10 000,
and for each separate and further offence
committed by the person under the
Interpretation Act 1984 section 71, a fine
15 of $400;
(b) for a body corporate --
(i) for a first offence, a fine of $10 000, and for
each separate and further offence committed
by the person under the Interpretation
20 Act 1984 section 71, a fine of $400;
(ii) for a subsequent offence, a fine of $20 000,
for each separate and further offence
committed by the person under the
Interpretation Act 1984 section 71, a fine
25 of $800.
102. Persons who may be employed or engaged to practise
pharmacy
A person must not employ or engage a person to practise
pharmacy unless the person employed or engaged is registered
30 as a pharmacist under section 26.
page 70
Pharmacists Bill 2006
Offences Part 7
s. 103
Penalty:
(a) for an individual --
(i) for a first offence, a fine of $5 000, and for
each separate and further offence committed
5 by the person under the Interpretation
Act 1984 section 71, a fine of $200;
(ii) for a subsequent offence, a fine of $10 000,
and for each separate and further offence
committed by the person under the
10 Interpretation Act 1984 section 71, a fine
of $400;
(b) for a body corporate --
(i) for a first offence, a fine of $10 000, and for
each separate and further offence committed
15 by the person under the Interpretation
Act 1984 section 71, a fine of $400;
(ii) for a subsequent offence, a fine of $20 000,
and for each separate and further offence
committed by the person under the
20 Interpretation Act 1984 section 71, a fine
of $800.
103. Exceptions to sections 101 and 102
For the purposes of sections 101 and 102, a person is not
practising pharmacy only because --
25 (a) the person is a student or trainee; or
(b) the person employs or engages a person who practises
pharmacy.
104. Restrictions on employment of person suspended from
practice or whose registration is cancelled
30 A person is not to employ or engage in any capacity in a
pharmacy business a person --
(a) who is suspended generally from the practice of
pharmacy; or
page 71
Pharmacists Bill 2006
Part 7 Offences
s. 105
(b) whose registration is cancelled, other than under
section 49.
Penalty:
(a) for an individual --
5 (i) for a first offence, a fine of $5 000, and for
each separate and further offence committed
by the person under the Interpretation
Act 1984 section 71, a fine of $200;
(ii) for a subsequent offence, a fine of $10 000,
10 and for each separate and further offence
committed by the person under the
Interpretation Act 1984 section 71, a fine
of $400;
(b) for a body corporate --
15 (i) for a first offence, a fine of $10 000, and for
each separate and further offence committed
by the person under the Interpretation
Act 1984 section 71, a fine of $400;
(ii) for a subsequent offence, a fine of $20 000,
20 and for each separate and further offence
committed by the person under the
Interpretation Act 1984 section 71, a fine
of $800.
105. Use of restricted titles, or pretending to be registered
25 (1) In this section --
"restricted title" means --
(a) "pharmacist", "pharmaceutical chemist",
"pharmaceutist", "chemist", "druggist"; or
(b) such other title, if any, as is prescribed by the rules as
30 a restricted title.
page 72
Pharmacists Bill 2006
Offences Part 7
s. 105
(2) A person must not --
(a) use a restricted title unless the person is a pharmacist; or
(b) advertise or otherwise hold out or imply, that the person
is registered as a pharmacist unless the person is a
5 pharmacist; or
(c) advertise or otherwise hold out or imply that the person
is entitled, either alone or with others, to practise
pharmacy, unless the person is a pharmacist registered
under section 26.
10 (3) Subsection (2)(a) does not prohibit --
(a) a person who holds a qualification in chemistry,
obtained from a university or other tertiary institution,
from using the title "chemist"; or
(b) a student or trainee from using a restricted title in
15 conjunction with the word "student" or "trainee".
(4) A person must not --
(a) use the title "pharmacy" in respect of a business that the
person is carrying on unless --
(i) the business is a pharmacy business; and
20 (ii) the person is entitled under section 60(1) to own,
or hold a proprietary interest in, such a business;
or
(b) advertise or otherwise hold out or imply that premises at
which the person is carrying on a business are a
25 pharmacy unless --
(i) the premises at which the business is carried on
are registered as a pharmacy; and
(ii) the business is a pharmacy business; and
(iii) the person is entitled under section 60(1) to own,
30 or hold a proprietary interest in, such a business.
page 73
Pharmacists Bill 2006
Part 7 Offences
s. 106
Penalty:
(a) for a first offence --
(i) a fine of $2 500;
(ii) for each separate and further offence
5 committed by the person under the
Interpretation Act 1984 section 71, a fine
of $100;
(b) for a subsequent offence --
(i) a fine of $5 000;
10 (ii) for each separate and further offence
committed by the person under the
Interpretation Act 1984 section 71, a fine
of $200.
106. Provision of pharmaceutical services by unregistered person
15 in an emergency or by defence force pharmacist
It is a defence to a prosecution of a natural person for an offence
against section 101 or 105(2) to prove that --
(a) the person --
(i) is entitled to practise pharmacy under the laws of
20 another State or a territory; and
(ii) acted to provide assistance to a person in
apparent need of emergency pharmaceutical
assistance;
or
25 (b) the person is entitled to practise pharmacy under the
laws of another State or a territory and is a
pharmacist --
(i) with any of the defence forces of the
Commonwealth; and
30 (ii) who practises pharmacy for the benefit only of
the defence forces of the Commonwealth,
visiting defence forces or officers of the
Commonwealth Department of Defence.
page 74
Pharmacists Bill 2006
Offences Part 7
s. 107
107. Undue influence
A person must not cause or induce a pharmacist to do any thing
in the course of practising pharmacy that the person is aware, or
ought reasonably to be aware, is conduct that would constitute a
5 disciplinary matter.
Penalty:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000.
108. Failure to comply with disciplinary action
10 A person must not contravene or fail to comply with an order of
the Board given to that person under section 73 or 78.
Penalty:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000.
15 109. False or misleading information
(1) A person must not do any of the things set out in
subsection (2) --
(a) in relation to an application; or
(b) in relation to the compliance, or purported compliance,
20 with any requirement of this Act to give the Board or the
registrar advice or information; or
(c) in relation to an attempt at conciliation under section 95.
Penalty: a fine of $24 000 or imprisonment for 2 years.
(2) Subsection (1) applies to the following things --
25 (a) making a statement which the person knows is false or
misleading in a material particular;
(b) making a statement which is false or misleading in a
material particular, with reckless disregard as to whether
or not the statement is false or misleading in a material
30 particular;
page 75
Pharmacists Bill 2006
Part 7 Offences
s. 110
(c) providing, or causing to be provided, information that
the person knows is false or misleading in a material
particular;
(d) providing, or causing to be provided, information that is
5 false or misleading in a material particular, with reckless
disregard as to whether the information is false or
misleading in a material particular.
110. Offences in relation to investigations
(1) Where under section 91 a person is required to give any
10 information, answer any question, or produce any document or
other thing and that person, without reasonable excuse (proof of
which lies on the person) --
(a) fails to give that information or answer that question at
or within the time specified in the requirement; or
15 (b) gives any information or answer that is false in any
particular; or
(c) fails to produce that document or other thing at or within
the time specified in the requirement,
the person commits an offence.
20 Penalty:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000.
(2) It is a defence to a prosecution for an offence against
subsection (1)(a) or (c) for the accused to show --
25 (a) that, in the case of an alleged offence arising out of a
requirement made orally under section 91, the
investigator did not, when making the requirement,
inform the accused that he or she was required under
this Act to give the information or answer the question,
30 as the case may be; or
(b) that, in the case of an alleged offence arising out of a
requirement made by notice in writing under section 91,
the notice did not state that he or she was required under
page 76
Pharmacists Bill 2006
Offences Part 7
s. 111
this Act to give the information, answer the question, or
produce the document or other thing, as the case may
be; or
(c) that the time specified in the requirement did not afford
5 the accused sufficient notice to enable him or her to
comply with the requirement; or
(d) that, in any case, the investigator did not, before making
the requirement, have reasonable grounds to believe that
compliance with the requirement would materially assist
10 in the investigation being carried out.
111. Obstruction of investigator
A person shall not prevent or attempt to prevent an investigator
from entering premises or otherwise obstruct or impede an
investigator in the exercise of his or her powers under
15 section 91.
Penalty:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000.
112. Assistance to execute warrant
20 A pharmacist and any person --
(a) who employs or engages the pharmacist to practise
pharmacy; or
(b) who is employed or engaged by a pharmacist; or
(c) with whom the pharmacist practises pharmacy in
25 partnership,
at the premises named in a warrant are to provide all reasonable
assistance to an investigator executing the warrant at the
premises.
Penalty:
30 (a) for an individual, a fine of $2 500;
(b) for a body corporate, a fine of $5 000.
page 77
Pharmacists Bill 2006
Part 7 Offences
s. 113
113. Incriminating information, questions or documents
An individual is not excused from complying with a
requirement under section 91 on the ground that the answer to a
question or the production of a document or other thing might
5 incriminate the individual or render the individual liable to a
penalty, but neither --
(a) an answer given by the individual that was given to
comply with the requirement; nor
(b) the fact that a document or other thing produced by the
10 individual to comply with the requirement was
produced,
is admissible in evidence in any civil or criminal proceedings
against the individual other than proceedings for an offence
against section 110(1)(b).
15 114. Legal professional privilege
Nothing in Part 6 or this Part prevents a person from refusing to
answer a question, provide information or produce a document
or other thing because the answer or information would relate
to, or the document or thing contains, information in respect of
20 which the person claims legal professional privilege.
115. Vending machines not to be used to obtain medicines or
drugs
(1) In this section --
"medicine or drug" means any substance prescribed by the
25 regulations as being a medicine or drug for the purposes of
this definition;
"vending machine" means a machine or device from which
goods may be obtained by an operation that involves the
insertion in that machine or device of money or a token,
30 card or similar object.
page 78
Pharmacists Bill 2006
Offences Part 7
s. 115
(2) A person must not --
(a) place, or cause or permit to be placed, a vending
machine containing medicine or drugs on any premises;
or
5 (b) supply or sell any medicine or drug by means of a
vending machine; or
(c) permit a person to purchase, be supplied with or
otherwise obtain, any medicine or drug by means of a
vending machine.
10 Penalty:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000.
page 79
Pharmacists Bill 2006
Part 8 Codes of practice, rules and regulations
s. 116
Part 8 -- Codes of practice, rules and regulations
116. Codes of practice
(1) The Board may, with the approval of the Minister, issue codes
of practice for the practice of pharmacy and the conduct of
5 pharmacists.
(2) The code of practice may adopt the provisions of other
publications, whether with or without modification or addition
and whether in force at a particular time or from time to time.
(3) A breach of a code of practice does not of itself constitute a
10 disciplinary matter for the purposes of section 66 but in any
proceedings under Part 6 such a breach may be asserted and
may be taken into account in determining any question that
arises under that Part.
(4) Except as provided in subsection (3), no civil or criminal
15 liability attaches to a person by reason only that the person has
committed a breach of a code of practice.
(5) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to
the code of practice as if the code of practice were regulations.
117. Rules
20 (1) The Board may make rules prescribing all matters required or
permitted by this Act to be prescribed by rules or necessary or
convenient to be prescribed for carrying out this Act.
(2) Without limiting subsection (1), rules may be made for all or
any of the following purposes --
25 (a) providing for the Board to conduct examinations of
applicants for registration as a pharmacist, or the
renewal of that registration, and for related matters
including the appointment of examiners and their
remuneration and the issue of diplomas or certificates to
30 persons passing examinations;
page 80
Pharmacists Bill 2006
Codes of practice, rules and regulations Part 8
s. 117
(b) prescribing the courses of study and training, including
practical experience, to be undertaken by students and
trainees, and the examinations to be passed, by students
and trainees, and determining the qualifications to be
5 held by persons wanting to study pharmacy;
(c) providing for the Board to conduct examinations in
respect of pharmacy;
(d) regulating traineeship agreements, and the training and
practical experience required of trainees, and their
10 conduct and supervision;
(e) regulating the practice of pharmacy by pharmacists and
the manner of carrying on that practice;
(f) prescribing the diplomas, degrees or certificates of
schools of pharmacy or other evidence of qualification
15 which will be recognised and accepted by the Board as a
substitute for the examinations of the Board, and
whether immediately or after further training;
(g) regulating the manner in which pharmacists may
advertise or display or publicise their practice of
20 pharmacy;
(h) fees to be payable to the Board in respect of services
provided, or to be provided, by the Board to
pharmacists, students, trainees or other persons.
(3) A rule made under subsection (1) has no effect unless and until
25 it is confirmed by the Governor.
(4) Nothing in subsection (3) affects the operation of Part VI of the
Interpretation Act 1984.
(5) The rules may provide that contravention of a rule is an offence,
and provide, for an offence against the rules, a penalty not
30 exceeding a fine of $5 000.
page 81
Pharmacists Bill 2006
Part 8 Codes of practice, rules and regulations
s. 118
118. Regulations
(1) The Governor may make regulations --
(a) prescribing all matters that are required or permitted by
the Act to be prescribed by regulation; and
5 (b) with respect to any matter on which the Board may
make rules.
(2) Without limiting subsection (1), regulations may be made for all
or any of the following purposes --
(a) prescribing the requirements to be met at premises for
10 the minimum standards of competent and safe practice
of pharmacy at those premises;
(b) prohibiting or regulating the sale or supply of goods and
services of a prescribed type at a registered pharmacy in
association with the practice of pharmacy;
15 (c) prohibiting or regulating the carrying on of a pharmacy
business wholly or partly within, or adjacent to,
premises where --
(i) a business, profession or occupation of a
prescribed type is carried on; or
20 (ii) services of a prescribed type are provided;
(d) regulating the meetings and proceedings of, and the
conduct of business by, the Board or a committee;
(e) making provision relating to registration and renewal of
registration;
25 (f) maintaining the accuracy of the register;
(g) the registration of trainees and traineeship agreements,
and the information to be recorded in the register in
respect of trainees and traineeship agreements;
(h) regulating the issue, display and use of certificates of
30 registration;
page 82
Pharmacists Bill 2006
Codes of practice, rules and regulations Part 8
s. 119
(i) regulating the manner of making to the complaints
assessment committee any complaint against or
concerning a person who is, or was, registered as a
pharmacist and who may make such a complaint;
5 (j) regulating the conduct of investigations under Part 6;
(k) regulating the conduct of conciliation conferences under
section 95 and the appointment of persons to preside
over those conferences;
(l) prescribing the fees to be paid for the purposes of this
10 Act and the persons liable for payment;
(m) prescribing returns and notices that are to be given to the
Board, and the manner in which they are to be given;
(n) providing that information supplied to the Board may be
required to be verified by statutory declaration.
15 (3) Where a regulation is inconsistent with a rule the regulation
prevails to the extent of the inconsistency.
(4) The regulations may provide that contravention of a regulation
is an offence, and provide, for an offence against the
regulations, a penalty not exceeding a fine of $5 000.
20 119. Forms
Forms that are convenient for the purposes of this Act
may be --
(a) prescribed by the regulations or rules; or
(b) approved.
page 83
Pharmacists Bill 2006
Part 9 Miscellaneous
s. 120
Part 9 -- Miscellaneous
120. Surrender of certificate
(1) Where --
(a) a person's registration as a pharmacist is cancelled and
5 name removed from the register; or
(b) a person is suspended from the practice of pharmacy,
under Part 6, the person is, within 14 days after the day on
which the person is notified by the Board of the cancellation and
removal of name or suspension, to surrender to the Board his or
10 her certificate of registration as a pharmacist.
Penalty: a fine of $1 000.
(2) Where the registration of premises is cancelled or not renewed
under section 42, the person in whose name the premises were
registered immediately before the cancellation or non-renewal
15 is, within 14 days after the day on which the person is notified
by the Board of the cancellation or non-renewal, to surrender to
the Board the certificate of registration of the premises.
Penalty: a fine of $1 000.
(3) The Board may direct in writing that --
20 (a) a person who is suspended from the practice of
pharmacy under section 73 is not obliged to comply
with subsection (1) and, in that case, the subsection does
not apply to that person; or
(b) a person in whose name premises were registered is not
25 obliged to comply with subsection (2) and, in that case
the subsection does not apply in respect of that person.
(4) It is a defence to a prosecution for an offence against
subsection (1) if the accused satisfies the court that the failure to
surrender the certificate was due to its loss or destruction.
page 84
Pharmacists Bill 2006
Miscellaneous Part 9
s. 121
121. Protection from liability
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
purported performance of a function under this Act.
5 (2) The State is also relieved of any liability that it might otherwise
have had for another person having done anything as described
in subsection (1).
(3) The protection given by this section applies even though the
thing done as described in subsection (1) may have been
10 capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
(5) A person who, in relation to any investigation under Part 6 --
(a) performs any function under that Part; or
15 (b) is otherwise concerned in proceedings under that Part,
has, in respect of any such function or concern, the same
protection and immunity as a member or officer of the Supreme
Court, or a witness or party before the Supreme Court, would
have in respect of a function or concern of a like nature related
20 to the jurisdiction of the Supreme Court.
122. Notice of decisions to be given
(1) Subsection (2) applies to the following decisions --
(a) any decision refusing an application to the Board for
registration;
25 (b) any decision to impose, or vary, a condition under
section 26, 27, 33(5) or 43;
(c) any decision under section 42;
(d) any decision to remove a name from the register under
section 49.
page 85
Pharmacists Bill 2006
Part 9 Miscellaneous
s. 123
(2) If the Board makes a decision to which this subsection applies,
it is to record the grounds on which the decision was based, and
its reasons, and is as soon as is practicable, but in any case not
later than 30 days after making the decision, to give written
5 notice of the decision together with those grounds and reasons,
to the person to whom the decision relates.
123. Review
A person who is aggrieved by --
(a) an order under section 73 or 78; or
10 (b) a decision referred to in section 122(1),
may apply to the State Administrative Tribunal for a review of
the order or decision.
124. Publication of proceedings etc.
(1) Subsection (2) applies to the following --
15 (a) the Board, any member of the Board, the registrar or any
officer or delegate of the Board or registrar;
(b) any committee or any member of a committee or person
referred to in section 15(5);
(c) any board or authority outside the State charged with
20 regulating the registration and supervision of
pharmacists or any officer, agent, or person employed or
engaged by the board or authority;
(d) any journalist for, the proprietor or any person
concerned in the publication or operation of, any
25 newspaper or periodical or of any electronic medium.
(2) Without limiting the operation of section 121, no action, claim
or demand lies against a person to whom this subsection applies
in respect of the communication or publication in good faith of
any finding, reason or decision of the Board, the complaints
30 assessment committee, the impairment review committee or the
State Administrative Tribunal.
page 86
Pharmacists Bill 2006
Miscellaneous Part 9
s. 125
(3) The Board may give notice of a finding, reason or decision of
the Board, the complaints assessment committee, the
impairment review committee or the State Administrative
Tribunal in respect of a person to --
5 (a) any person referred to in subsection (1)(c) or (d); and
(b) any body that has granted the person a qualification that
is entered in the register; and
(c) any relevant professional association or trade union of
which the person is a member; and
10 (d) any person who employs or engages the person to
practise pharmacy or any person with whom the person
practises pharmacy in partnership; and
(e) any other person who, in the opinion of the Board,
should be made aware of the finding, reason or decision,
15 and may publish notice of the finding, reason or decision in the
Gazette or in such other manner as the Board thinks fit.
125. Legal proceedings
(1) Any proceedings for an offence against this Act may be taken in
the name of the Board by the registrar or any other person
20 authorised in that behalf by the Board.
(2) All proceedings for offences against this Act are to be heard by
a court of summary jurisdiction constituted by a magistrate.
(3) In any proceedings no proof is required of --
(a) the appointment of a member or deputy of a member of
25 the Board or a member of a committee; or
(b) the authorisation of a person under subsection (1),
but an averment in a prosecution notice that the person is so
appointed or authorised is to be taken to be proved in the
absence of evidence to the contrary.
page 87
Pharmacists Bill 2006
Part 9 Miscellaneous
s. 126
(4) In all courts and before all persons and bodies authorised to
receive evidence, in the absence of evidence to the contrary --
(a) a certificate purporting to be issued on behalf of the
Board and stating that a person was or was not
5 registered by the Board as a pharmacist, the conditions
to which a registration was subject, or that a person was
suspended from the practice of pharmacy, on any day or
days or during a period mentioned in the certificate, is
evidence of the matters so stated; and
10 (b) a copy of or extract from a register or any statement that
purports to reproduce matters entered in the register that
is certified by the registrar as a true copy, extract or
statement, is evidence of the facts appearing in that
copy, extract or statement; and
15 (c) judicial notice is to be taken of the fact that a person is
the holder of the office of registrar and of the signature
of the registrar on a certificate purporting to be issued
under paragraph (b).
(5) A notice or appointment purporting to be signed by the
20 chairperson or a person referred to in section 68(5)(b)
or 69(4)(b) is to be presumed to be duly signed until the
contrary is shown.
126. Liability of certain officers of body corporate: offences
(1) If a body corporate is charged with an offence under this Act,
25 every person who was an officer of the body corporate at the
time of the alleged offence may also be charged with the
offence.
(2) If a body corporate and an officer are charged as permitted by
subsection (1) and the body corporate is convicted of the
30 offence, the officer is to be taken to have also committed the
offence, subject to subsection (5).
(3) If a body corporate commits an offence under this Act, then,
although the body corporate is not charged with the offence,
page 88
Pharmacists Bill 2006
Miscellaneous Part 9
s. 127
every person who was an officer of the body corporate at the
time the offence was committed may be charged with the
offence.
(4) If an officer is charged as permitted by subsection (3) and it is
5 proved that the body corporate committed the offence, the
officer is to be taken to have also committed the offence, subject
to subsection (5).
(5) It is a defence to a prosecution for an offence against this
section for the officer charged to prove --
10 (a) that the offence was committed without the officer's
consent or connivance; and
(b) that the officer took all the measures to prevent the
commission of the offence that he or she could
reasonably be expected to have taken having regard to
15 the officer's functions and to all the circumstances.
127. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiration of 5 years from the commencement of this section,
20 and in the course of that review the Minister is to consider and
have regard to --
(a) the effectiveness of the operations of the Board; and
(b) the need for the continuation of the functions of the
Board; and
25 (c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
(2) The Minister is to prepare a report based on the review made
under subsection (1) and as soon as is practicable after the
preparation of the report, cause it to be laid before each House
30 of Parliament.
page 89
Pharmacists Bill 2006
Part 9 Miscellaneous
s. 128
128. Pharmacy Act 1964 repealed
The Pharmacy Act 1964 is repealed.
129. Pharmacy Act Regulations 1976 repealed
The Pharmacy Act Regulations 1976 are repealed.
5 130. Transitional and savings provisions
Schedule 2 sets out transitional and savings provisions.
131. Consequential amendments to Acts
Schedule 3 sets out consequential amendments to Acts.
page 90
Pharmacists Bill 2006
Constitution and proceedings of the Board Schedule 1
General provisions Division 1
cl. 1
Schedule 1 -- Constitution and proceedings of the Board
[s. 7]
Division 1 -- General provisions
1. Term of office
5 (1) Subject to clause 4, a member of the Board holds office for such term,
not exceeding 3 years, as is specified in the member's instrument of
appointment.
(2) Subject to subclause (3), a member of the Board is not to hold office
for more than 9 years, consecutively or otherwise.
10 (3) If in the opinion of the Minister there are special reasons for doing so,
a person may be appointed so that he or she holds office for more than
9 years, consecutively or otherwise.
2. Functions of deputy presiding member
(1) The deputy presiding member is to perform the functions of the
15 presiding member when the presiding member is unable to do so by
reason of illness, absence or other cause, or when the office of
presiding member is vacant.
(2) No act or omission of the deputy presiding member acting as
presiding member is to be questioned on the ground that the occasion
20 for his or her so acting had not arisen or had ceased.
3. Deputy members
(1) The Minister may appoint an eligible person to be a deputy of a
member and may terminate such an appointment at any time.
(2) The provisions of section 5 that apply to and in relation to the
25 appointment of a member apply, with any necessary modification, to
and in relation to the appointment of the deputy of that member.
(3) A deputy of a member may perform the functions of the member
when the member is unable to do so by reason of illness, absence or
other cause.
page 91
Pharmacists Bill 2006
Schedule 1 Constitution and proceedings of the Board
Division 1 General provisions
cl. 4
(4) Despite anything in this Act, a deputy of a member may continue to
act as a member, after the occasion for so acting has ceased, for the
purpose of completing any function.
(5) A deputy of a member, while acting as a member, has all the
5 functions of and all the protection given to a member.
(6) No act or omission of a person acting in place of another under this
clause is to be questioned on the ground that the occasion for so
acting had not arisen or had ceased.
4. Vacation of office by member
10 (1) A member of the Board may resign from office by notice in writing
given to the Minister.
(2) A member who resigns under subclause (1) is to give a copy of the
notice of resignation to the registrar.
(3) A member of the Board may be removed from office by the
15 Minister --
(a) for mental or physical disability, incompetence, neglect of
duty or misconduct that impairs the performance of the
member's duties; or
(b) if the member is an insolvent under administration, as that
20 term is defined in the Corporations Act section 9; or
(c) if the member is absent without leave of the Board from
3 consecutive meetings of the Board of which the member
has had notice; or
(d) for any other act or omission that in the opinion of the
25 Minister may cause prejudice or injury to the Board.
(4) A member of the Board must be removed from office by the Minister
if the member ceases to hold a position or qualification by virtue of
which the member was appointed or if, in the case of a member who
is a pharmacist, the registration of the member under this Act is
30 suspended.
5. General procedure concerning meetings
(1) The presiding member is to preside at all meetings of the Board at
which he or she is present.
page 92
Pharmacists Bill 2006
Constitution and proceedings of the Board Schedule 1
General provisions Division 1
cl. 6
(2) If both the presiding member and deputy presiding member are absent
from a meeting the members present are to appoint one of their
number to preside.
(3) A quorum for a meeting of the Board is 4 members.
5 (4) The procedure for convening meetings of the Board and the conduct
of business at those meetings is, subject to this Act, to be as
determined by the Board.
6. Voting
(1) A decision of the majority of members at a meeting of the Board at
10 which a quorum is present is the decision of the Board.
(2) If the votes of members present at a meeting and voting are equally
divided the member presiding at the meeting is to have a casting vote
in addition to a deliberative vote.
7. Holding meetings remotely
15 The presence of a person at a meeting of the Board need not be by
attendance in person but may be by that person and each other person
at the meeting being simultaneously in contact by telephone, or other
means of instantaneous communication.
8. Resolution without meeting
20 A resolution in writing signed by 5 members of the Board or assented
to by 5 members by letter, facsimile transmission, electronic mail or
other written means has effect as if it had been passed at a meeting of
the Board.
9. Minutes
25 The Board is to ensure that an accurate record is kept and preserved of
the proceedings at each meeting of the Board and of each resolution
passed by the Board.
page 93
Pharmacists Bill 2006
Schedule 1 Constitution and proceedings of the Board
Division 2 Disclosure of interests etc.
cl. 10
Division 2 -- Disclosure of interests etc.
10. Meaning of "member"
In this Division --
"member" means a member of the Board or a member of a
5 committee, as the case may be.
11. Disclosure of interests
(1) A member who has a material personal interest in a matter being
considered or about to be considered by the Board or a committee
must, as soon as possible after the relevant facts have come to the
10 member's knowledge, disclose the nature of the interest at a meeting
of the Board or the committee, as is relevant.
Penalty: a fine of $10 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of
the meeting.
15 12. Exclusion of interested member
(1) A member who has a material personal interest in a matter that is
being considered by the Board or a committee --
(a) must not vote, whether at a meeting or otherwise, on the
matter; and
20 (b) must not be present while the matter is being considered at a
meeting.
(2) In subclause (1)(a) or (b) a reference to a matter also refers to a
proposed resolution under clause 13 in respect of the matter, whether
relating to that member or a different member.
25 13. Board or committee may resolve that clause 12 inapplicable
Clause 12 does not apply if the Board or a committee has at any time
passed a resolution that --
(a) specifies the member, the interest, and the matter; and
(b) states that the members voting for the resolution are satisfied
30 that the interest should not disqualify the member from
considering or voting on the matter.
page 94
Pharmacists Bill 2006
Constitution and proceedings of the Board Schedule 1
Disclosure of interests etc. Division 2
cl. 14
14. Quorum where clause 12 applies
(1) Despite clause 5(3), when the Board is dealing with a matter in
relation to which a member of the Board is disqualified under
clause 12, 3 members who are entitled to vote on any motion that may
5 be moved in relation to the matter constitute a quorum.
(2) The Minister may deal with a matter to the extent that the Board
cannot deal with it because of subclause (1).
15. Minister may declare clauses 12 and 14 inapplicable
(1) The Minister may by writing declare that clause 12 or 14 does not
10 apply in relation to a specified matter, either generally or for the
purpose of dealing with particular proposed resolutions.
(2) The Minister is to, within 14 sitting days after a declaration under
subclause (1) is made, cause a copy of the declaration to be laid
before each House of Parliament.
page 95
Pharmacists Bill 2006
Schedule 2 Transitional and savings provisions
cl. 1
Schedule 2 -- Transitional and savings provisions
[s. 130]
1. Terms used in this Schedule
In this Schedule --
5 "assets" means property of every kind whether tangible or intangible,
real or personal, corporeal or incorporeal and includes without
limitation --
(a) choses in action; and
(b) goodwill; and
10 (c) rights, interests and claims of every kind in or to property,
whether arising from, accruing under, created or evidenced by or
the subject of, an instrument or otherwise and whether liquidated
or unliquidated, actual, contingent or prospective;
"former Council" means the Pharmaceutical Council of Western
15 Australia referred to in section 7 of the repealed Act;
"incorporated Pharmaceutical Society" means the professional
body for pharmacists certified under clause 4 as the incorporated
Pharmaceutical Society;
"liability" means any liability, duty or obligation whether actual,
20 contingent or prospective, liquidated or unliquidated, or whether
owed alone or jointly or jointly and severally with any other
person;
"new Board" means the Pharmacists Registration Board of Western
Australia established under this Act;
25 "repeal day" means the day on which section 128 comes into
operation;
"repealed Act" means the Pharmacy Act 1964;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective;
30 "The List" means the document referred to in clause 3.
"unincorporated Pharmaceutical Society" means the
Pharmaceutical Society of Western Australia referred to in
section 6 of the repealed Act;
page 96
Pharmacists Bill 2006
Transitional and savings provisions Schedule 2
cl. 2
2. Interpretation Act 1984 not affected
This Schedule does not prejudice or affect the application of the
Interpretation Act 1984 to and in relation to the repeals effected by
sections 128 and 129.
5 3. The List
In this Schedule --
"The List" means a document --
(a) setting out the allocation of assets, rights or liabilities of
the former Council between the new Board and the
10 incorporated Pharmaceutical Society; and
(b) executed by --
(i) the former Council; and
(ii) the Minister, or a person authorised by the
Minister;
15 and
(c) dated after 1 November 2006 and before the day on which
this Act receives the Royal Assent,
and if there are 2 or more such documents, means the document
that is dated later in time.
20 4. Incorporated Pharmaceutical Society
(1) In accordance with section 2(2), this clause comes into operation on
the day after the day on which this Act receives the Royal Assent.
(2) In this clause --
"Council" means the Pharmaceutical Council of Western Australia
25 referred to in the Pharmacy Act 1964 section 7.
(3) If satisfied that a professional body for pharmacists meets the criteria
set out in subclause (4), the Council is to certify that body as the
incorporated Pharmaceutical Society for the purposes of this
Schedule.
30 (4) The body certified under subclause (3) is to be an incorporated body
which, in the opinion of the Council --
(a) is the body most suitable to be the incorporated
Pharmaceutical Society; and
page 97
Pharmacists Bill 2006
Schedule 2 Transitional and savings provisions
cl. 4
(b) has functions that are the same as, or similar in nature to, the
functions of the Pharmaceutical Society of Western Australia
referred to in the Pharmacy Act 1964 section 6.
(5) If, within 2 months after the day on which this Act receives the Royal
5 Assent, or such later day as is allowed by the Minister under
subclause (6), the Council has not certified a body as the incorporated
Pharmaceutical Society under subclause (3) then, on the day on which
the Pharmacy Act 1964 is repealed, the Pharmacists Registration
Board of Western Australia established under this Act is to be taken to
10 be the body certified by the Council as the incorporated
Pharmaceutical Society for the purposes of this Schedule.
(6) If so requested by the Council, the Minister may extend the period
referred to in subclause (5) to a period that is within 6 months after
the day on which this Act receives the Royal Assent.
15 (7) Nothing in the Pharmacy Act 1964 prevents --
(a) a member of the Pharmaceutical Society of Western
Australia, referred to in section 6(2) of that Act, from
applying for the incorporation of that Society under the
Associations Incorporation Act 1987; or
20 (b) that Society --
(i) becoming incorporated as an association under
that Act; or
(ii) subject to this clause, from becoming the
incorporated Pharmaceutical Society for the purposes
25 of this Schedule.
(8) If an application made under the Associations Incorporation Act 1987
for the incorporation of the Pharmaceutical Society of Western
Australia referred to in the Pharmacy Act 1964 section 6 is successful,
then, on that incorporation --
30 (a) the Council ceases to be responsible for the management of
that Society to the extent, if any, that it otherwise would be so
responsible; and
(b) the Pharmacy Act 1964 sections 6(2) and 7(1) do not apply
to, or in respect of, that Society, to the extent, if any, that they
35 otherwise would.
page 98
Pharmacists Bill 2006
Transitional and savings provisions Schedule 2
cl. 5
5. The new Board is a continuation of the former Council, other
than in relation to the management of the Pharmaceutical Society
The new Board is a continuation of, and the same legal entity as, the
former Council, other than in relation to any functions, powers, rights,
5 assets or liabilities that related to the management of the
unincorporated Pharmaceutical Society by the former Council
immediately before the Council ceased to manage that Society.
6. Transfer of certain assets and liabilities to the incorporated
Pharmaceutical Society
10 (1) On the repeal day --
(a) the assets and rights vested in the former Council
immediately before the repeal day, that were concerned with,
or related to, the management of the unincorporated
Pharmaceutical Society by that Council vest in the
15 incorporated Pharmaceutical Society by force of this clause;
and
(b) the liabilities of the former Council (including a share of a
liability) immediately before the repeal day, that were
concerned with, or related to, the prior management of the
20 unincorporated Pharmaceutical Society by that Council
become the liabilities of the incorporated Pharmaceutical
Society by force of this clause; and
(c) the incorporated Pharmaceutical Society is a party to any
proceedings by or against the former Council commenced
25 before the repeal day in relation to the assets, rights and
liabilities referred to in paragraphs (a) and (b); and
(d) any proceeding or remedy that immediately before the repeal
day might have been commenced by or available against or to
the former Council in relation to the assets, rights and
30 liabilities referred to in paragraphs (a) and (b), may be
commenced and are available, by or against or to the
incorporated Pharmaceutical Society; and
(e) any act, matter or thing done or omitted to be done in relation
to the assets, rights and liabilities referred to in paragraphs (a)
35 and (b) before the repeal day by, to or in respect of the former
Council (to the extent that that act, matter or thing has any
force or effect) is to be taken to have been done or omitted
page 99
Pharmacists Bill 2006
Schedule 2 Transitional and savings provisions
cl. 7
by, to or in respect of the incorporated Pharmaceutical
Society; and
(f) the new Board is to deliver to the incorporated
Pharmaceutical Society all registers, papers, documents,
5 minutes, receipts, books of account and other records
(however compiled, recorded or stored) relating to --
(i) the assets, rights and liabilities referred to in
paragraphs (a) and (b); and
(ii) proceedings referred to in paragraph (c).
10 (2) Subject to subclause (3), the Minister or a person authorised by the
Minister may, at the request of the new Board or the incorporated
Pharmaceutical Society, certify in writing that a specified asset, right
or liability of the former Council is, or is not, an asset, right or
liability that was concerned with, or related to, the management of the
15 unincorporated Pharmaceutical Society by the former Council
immediately before the repeal day.
(3) Subclause (2) applies to or in respect of an asset, right or liability of
the former Council that has been set out in The List only if --
(a) the new Board and the incorporated Pharmaceutical Society
20 jointly request that the subclause apply in respect of the asset,
right or liability; and
(b) the new Board and the incorporated Pharmaceutical Society
have, after consultation and negotiation, failed to reach
agreement as to whether or not the asset, right or liability is,
25 or is not, an asset, right or liability that, immediately before
the repeal day, was concerned with, or related to, the
management of that Society by that Council.
(4) For all purposes and in all proceedings, a certificate under
subclause (2) is prima facie evidence of the matters it certifies.
30 7. Agreements and instruments
(1) Any agreement or instrument subsisting immediately before the repeal
day that relates to assets, rights or liabilities referred to in
clause 6(1)(a) or (b) --
(a) to which the former Council was a party; or
35 (b) which contains a reference to the former Council,
page 100
Pharmacists Bill 2006
Transitional and savings provisions Schedule 2
cl. 8
has effect after the repeal day as if --
(c) the incorporated Pharmaceutical Society were substituted for
the former Council as a party to the agreement or instrument;
and
5 (d) any reference in the agreement or instrument to the former
Council were (unless the context otherwise requires) a
reference to the incorporated Pharmaceutical Society.
(2) Any agreement or instrument subsisting immediately before the repeal
day, other than an agreement or instrument referred to in
10 subclause (1) --
(a) to which the former Council was a party; or
(b) which contains a reference to the former Council,
has effect after the repeal day as if --
(c) the new Board were substituted for the former Council as a
15 party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the former
Council were (unless the context otherwise requires) a
reference to the new Board.
8. Members of former Council cease to hold office
20 A member of the former Council ceases to be a member on the
repeal day.
9. Board members
Four of the members of the new Board as first constituted under this
Act are to hold office for such term, not exceeding 18 months, as is
25 specified in the member's instrument of appointment.
10. The registrar and other staff
(1) The registrar who held office under section 15 of the repealed Act
immediately before the repeal day continues in office, under and
subject to this Act, as the registrar of the new Board.
30 (2) An officer or examiner who held office under the repealed Act
immediately before the repeal day, other than an officer to whom
subclause (4) applies, continues in office, under and subject to this
Act, as an officer or examiner, as is relevant, of the new Board.
page 101
Pharmacists Bill 2006
Schedule 2 Transitional and savings provisions
cl. 11
(3) A person mentioned in subclause (1) or (2) is to be regarded as having
been engaged or employed under this Act.
(4) An officer who held office under the repealed Act immediately before
the repeal day may be employed or engaged by the incorporated
5 Pharmaceutical Society on and after the repeal day if he or she has so
agreed and on such terms and conditions as are agreed, in writing,
with the former Council before the repeal day.
(5) Despite clause 7(2), an agreement under subclause (4) with the former
Council is to have effect after the repeal day as if --
10 (a) the incorporated Pharmaceutical Society were substituted for
the former Council as a party to the agreement; and
(b) any reference in the agreement to the former Council were
(unless the context otherwise requires) a reference to the
incorporated Pharmaceutical Society.
15 (6) Except as otherwise agreed by a person mentioned in subclause (1),
(2) or (4), the remuneration, existing or accrued rights, rights under a
superannuation scheme or continuity of service of the person are not
affected, prejudiced or interrupted by the operation of this clause or
the repeal of the Pharmacy Act 1964.
20 11. Exemption from State taxation
(1) In this clause --
"state tax" includes stamp duty chargeable under the Stamp Act 1921
and any other tax, duty, fee, levy or charge under a law of the
State.
25 (2) State tax is not payable in relation to --
(a) anything that occurs by the operation of this Schedule; or
(b) anything done --
(i) under this Schedule; or
(ii) to give effect to this Schedule; or
30 (iii) for a purpose connected with, or arising out of, giving
effect to this Schedule,
including a transaction entered into or an instrument or document of
any kind made, executed, lodged or given.
page 102
Pharmacists Bill 2006
Transitional and savings provisions Schedule 2
cl. 12
(3) The Treasurer or a person authorised by the Treasurer may, at the
request of the new Board or the incorporated Pharmaceutical Society,
certify in writing that a specified thing --
(a) occurred by the operation of this Schedule; or
5 (b) was done --
(i) under this Schedule; or
(ii) to give effect to this Schedule; or
(iii) for a purpose connected with, or arising out of, giving
effect to this Schedule.
10 (4) For all purposes and in all proceedings, a certificate under
subclause (3) is conclusive evidence of the matters it certifies, except
so far as the contrary is shown.
12. Registration of documents
(1) In this clause --
15 "relevant official" means the Registrar of Titles, the Registrar of
Deeds, the Minister administering the Mining Act 1978 or any
other person authorised by a written law to record and give effect
to the registration of documents.
(2) The relevant officials are to take notice of the provisions of this
20 Schedule and are empowered to record and register in the appropriate
manner the necessary documents, and otherwise to give effect to this
Schedule.
13. Saving
The operation of any provision of this Schedule is not to be
25 regarded --
(a) as a breach of contract or otherwise as a civil wrong; or
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of assets,
rights or liabilities or the disclosure of information; or
30 (c) as giving rise to any remedy by a party to an instrument or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset, right or liability; or
page 103
Pharmacists Bill 2006
Schedule 2 Transitional and savings provisions
cl. 14
(d) as causing any contract or instrument to be void or otherwise
unenforceable; or
(e) as releasing or allowing the release of any surety.
14. Annual report for part of a year
5 (1) The former Council is to make and submit an annual report as
required under section 16C of the repealed Act, but limited to the
period from 1 January preceding the repeal day to the repeal day, and
that section applies as if that period were a year.
(2) Despite the repeal of the repealed Act and this Schedule, the former
10 Council continues in existence for the purposes of subclause (1) and is
entitled to receive from the new Board and its staff and from the
incorporated Pharmaceutical Society and its staff such assistance as it
may require for that purpose.
15. Persons registered under the repealed Act
15 (1) A natural person who immediately before the repeal day was
registered under the repealed Act is, on the repeal day, to be taken to
be registered as a pharmacist under this Act for the period that, and
subject to the same conditions as, applied to that person's registration
under the repealed Act.
20 (2) If under subclause (1) a person is to be taken to be registered as a
pharmacist under this Act, the new Board may within 6 months of the
repeal day, by notice in writing to the person, impose the conditions
referred to in section 27(1) of this Act on the person's registration
under this Act.
25 16. Registered pharmacies
(1) A pharmacy registered under section 23 of the repealed Act by the
former Council immediately before the repeal day is to be taken to be
premises registered as a pharmacy under Part 4 Division 2 of this Act
in the name of a person in whose name the pharmacy is registered by
30 the former Council immediately before the repeal day, if that person
owns, or has a proprietary interest in, the pharmacy business carried
on at the pharmacy.
page 104
Pharmacists Bill 2006
Transitional and savings provisions Schedule 2
cl. 17
(2) Any condition imposed under section 23 of the repealed Act to ensure
that the premises are of a minimum standard of fitness for the
competent and safe practice of pharmacy is taken to be a condition
imposed on the registration of the premises under section 43 of
5 this Act.
17. Register
The register of pharmacists kept under section 20 of the repealed Act
immediately before the repeal day is to be taken to be the register
required to be kept under section 45 of this Act.
10 18. Certificates of registration issued under the repealed Act
A certificate of registration in force under the repealed Act
immediately before the repeal day is, subject to this Act, to be taken
to be a certificate of registration for the purposes of this Act.
19. Restoration of certain names to the register
15 If a person's name has been erased from the register under section 33
of the repealed Act, section 33 of this Act applies to that person as if
the person were a disqualified person as defined in section 33(1) of
this Act.
20. Suspensions
20 If immediately before the repeal day the licence of a person was
suspended under a provision of the repealed Act, that person is to be
taken to be suspended from the practice of pharmacy under this Act
and --
(a) section 99(1) of this Act applies to the suspension, if the
25 suspension is a general suspension from the practice of
pharmacy; and
(b) section 99(2) of this Act applies in respect of the suspension,
if the suspension is in relation to any specified circumstances
or service.
page 105
Pharmacists Bill 2006
Schedule 2 Transitional and savings provisions
cl. 21
21. Persons carrying on the practice of a pharmaceutical chemist or
company under section 36(2)(c) of the repealed Act
A person who, immediately before the repeal day, was carrying on the
practice of a pharmaceutical chemist or company under
5 section 36(2)(c) of the repealed Act is to be taken to be acting, during
the period permitted in accordance with that section, under section 64
of this Act, and that period may be extended by the Board in
accordance with that section.
22. Undertakings under the repealed Act
10 (1) If a person has given an undertaking under a provision of the repealed
Act that undertaking is not affected by the repeal of that Act.
(2) If the new Board is satisfied that the person has breached an
undertaking given under a provision of the repealed Act before, on or
after the repeal day, the Board may deal with the person as if the
15 person had failed to comply with an undertaking given under a
provision of this Act.
23. Matters being dealt with by the Board
(1) If immediately before the repeal day the former Council was dealing
with a matter under section 32(4) of the repealed Act, the new Board
20 is to deal with the matter under Part 6 Division 5 of this Act.
(2) An application for a review of a decision that, immediately before the
repeal day, may be made to the State Administrative Tribunal under
section 32B of the repealed Act may be made to that Tribunal within
21 days after the decision was made and the Tribunal is to deal with
25 the matter as if the decision had been made under section 73 or 78 of
this Act.
24. Investigations
If immediately before the repeal day an investigator was investigating
a matter under the repealed Act, the investigator is to continue
30 investigating the matter as if he or she had been appointed under
Part 6 Division 7 of this Act.
page 106
Pharmacists Bill 2006
Transitional and savings provisions Schedule 2
cl. 25
25. Failure to comply with an order made under the repealed Act
If immediately before the repeal day an order was in effect in relation
to a person under section 32(4) or 32A of the repealed Act, that order
is not affected by the repeal of that Act and failure to comply with it
5 before, on or after the repeal day may be dealt with under section 108
of this Act as if the order were an order made by the Board under
section 73 or 78 of this Act.
26. Powers in relation to transitional provision
(1) If there is no sufficient provision in this Schedule for dealing with a
10 transitional matter the Governor may make regulations prescribing all
matters that are required, necessary or convenient to be prescribed in
relation to that matter.
(2) Regulations made under subclause (1) may provide that specific
provisions of this Act --
15 (a) do not apply; or
(b) apply with specific modifications,
to or in relation to any matter.
(3) Regulations made under subclause (1) must be made within
12 months after the repeal day.
20 (4) If regulations made under subclause (1) provide that a specified state
of affairs is to be taken to have existed, or not to have existed, on and
from a day that is earlier than the day on which the regulations are
published in the Gazette but not earlier than the repeal day, the
regulations have effect according to their terms.
25 (5) In subclause (4) --
"specified" means specified or described in the regulations.
(6) If regulations contain a provision referred to in subclause (4), the
provision does not operate so as --
(a) to affect in a manner prejudicial to any person (other than the
30 State), the rights of that person existing before the day of
publication of those regulations; or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the day of publication of those regulations.
page 107
Pharmacists Bill 2006
Schedule 3 Consequential amendments
cl. 1
Schedule 3 -- Consequential amendments
[s. 131]
1. Chiropractors Act 1964 amended
(1) The amendments in this clause are to the Chiropractors Act 1964.
5 (2) Section 23(b) is amended by deleting "pharmaceutical chemist" and
inserting instead --
" pharmacist ".
2. Civil Liability Act 2002 amended
(1) The amendments in this clause are to the Civil Liability Act 2002.
10 (2) Section 5PA is amended in the definition of "Health Professional" by
deleting paragraph (i) and inserting instead --
"
(i) a practising pharmacist as defined in the
Pharmacists Act 2006;
15 ".
3. Health Act 1911 amended
(1) The amendments in this clause are to the Health Act 1911.
(2) Section 202(2)(c) is amended by deleting "pharmaceutical chemist"
and inserting instead --
20 " pharmacist ".
(3) Section 246A(3) is amended by deleting "Pharmacy Act 1964" and
inserting instead --
" Pharmacists Act 2006 ".
(4) Section 246D(1)(n) is amended by deleting "pharmaceutical chemist"
25 and inserting instead --
"
practising pharmacist as defined in the
Pharmacists Act 2006
".
page 108
Pharmacists Bill 2006
Consequential amendments Schedule 3
cl. 4
4. Health Amendment Act 1987 amended
(1) The amendments in this clause are to the Health Amendment
Act 1987.
(2) Section 90 is amended in proposed new section 246FA(1) by deleting
5 the definition of "pharmacist" and inserting instead --
"
"pharmacist" means a practising pharmacist as
defined in the Pharmacists Act 2006;
".
10 5. Health Professionals (Special Events Exemption) Act 2000
amended
(1) The amendments in this clause are to the Health Professionals
(Special Events Exemption) Act 2000.
(2) Section 3(1) is amended in the definition of "Health Registration Act"
15 by deleting "Pharmacy Act 1964;" and inserting instead --
" Pharmacists Act 2006; ".
6. Health Services (Conciliation and Review) Act 1995 amended
(1) The amendments in this clause are to the Health Services
(Conciliation and Review) Act 1995.
20 (2) Schedule 1 is amended by deleting item 7 and inserting instead --
"
7. Pharmacists Registration Board of Western Australia under
the Pharmacists Act 2006.
".
25 7. Juries Act 1957 amended
(1) The amendments in this clause are to the Juries Act 1957.
(2) The Second Schedule Part II is amended under item 2 "Health" by
deleting "Pharmaceutical chemists registered under the Pharmacy
page 109
Pharmacists Bill 2006
Schedule 3 Consequential amendments
cl. 8
Act 1964 and actually in business whether as principal or manager for
a principal." and inserting instead --
"
Pharmacists who are registered under the Pharmacists
5 Act 2006 section 26, if actually practising.
".
8. Liquor Licensing Act 1988 amended
(1) The amendments in this clause are to the Liquor Licensing Act 1988.
(2) Section 6(1)(b)(i) is amended by deleting "registered pharmaceutical
10 chemist" and inserting instead --
"
practising pharmacist as defined in the
Pharmacists Act 2006
".
15 9. Medical Act 1894 amended
(1) The amendments in this clause are to the Medical Act 1894.
(2) Section 19 is amended by deleting "chemist and druggist, or of a
pharmaceutical chemist," and inserting instead --
"
20 practising pharmacist as defined in the Pharmacists
Act 2006
".
10. Oaths, Affidavits and Statutory Declarations Act 2005 amended
(1) The amendments in this clause are to the Oaths, Affidavits and
25 Statutory Declarations Act 2005.
(2) Schedule 2 is amended by deleting item 9 and inserting the following
item instead --
"
9. A practising pharmacist as defined in
the Pharmacists Act 2006. Pharmacist
".
page 110
Pharmacists Bill 2006
Consequential amendments Schedule 3
cl. 11
11. Optometrists Act 1940 amended
(1) The amendments in this clause are to the Optometrists Act 1940.
(2) Section 33(2) is amended as follows:
(a) in paragraph (a) by deleting "pharmaceutical chemist" and
5 inserting instead --
" pharmacist ";
(b) in paragraph (b) by deleting "pharmaceutical chemist" and
inserting instead --
" pharmacist ".
10 12. Poisons Act 1964 amended
(1) The amendments in this clause are to the Poisons Act 1964.
(2) Section 5(1) is amended by deleting the definition of "pharmaceutical
chemist" and inserting in the appropriate alphabetical positions --
"
15 "pharmacist" means a practising pharmacist as
defined in the Pharmacists Act 2006;
"pharmacy" means a pharmacy registered under the
Pharmacists Act 2006;
".
20 (3) Section 8(3)(g) is amended by deleting "The Council of the
Pharmaceutical Society of Western Australia" and inserting instead --
"
Pharmacists Registration Board of Western
Australia established under the Pharmacists
25 Act 2006
".
(4) Section 20(2) is amended as follows:
(a) in paragraph (a) by deleting "pharmaceutical chemists" and
inserting instead --
30 " pharmacists ";
page 111
Pharmacists Bill 2006
Schedule 3 Consequential amendments
cl. 12
(b) in paragraph (b) by deleting "service available" and inserting
instead --
" located within a reasonably convenient distance ";
(c) in paragraph (c) by deleting "pharmaceutical chemists" and
5 inserting instead --
" pharmacists ".
(5) Section 23(2)(a) is deleted and the following paragraph is inserted
instead --
"
10 (a) a pharmacist is authorised to manufacture,
possess, use, supply or sell at a pharmacy any
poison;
".
(6) Section 24(4)(a) is amended by deleting "pharmaceutical chemist"
15 and inserting instead --
" pharmacist ".
(7) Section 30 is amended by deleting "pharmaceutical chemist" in each
place where it occurs and inserting instead --
" pharmacist ".
20 (8) Section 30 is amended in the definition of "friendly society" by
deleting "means corporation that is a friendly society within the
meaning of section 16C of the Life Insurance Act 1995 of the
Commonwealth." and inserting instead --
"
25 has the same meaning as it has in the Pharmacists
Act 2006.
".
(9) Section 50(2) is amended by deleting "pharmaceutical chemists" and
inserting instead --
30 " pharmacists ".
page 112
Pharmacists Bill 2006
Consequential amendments Schedule 3
cl. 13
(10) Section 55C is amended by inserting after "Misuse of Drugs
Act 1981" --
" or the Pharmacists Act 2006 ".
(11) Section 61 is amended as follows:
5 (a) in paragraph (a) by deleting "pharmaceutical chemists" and
"pharmaceutical chemist, ";
(b) in paragraph (b) --
(i) by deleting "registered pharmaceutical chemist," and
inserting instead --
10 " pharmacist or a registered ";
(ii) by deleting subparagraph (ii) and inserting instead --
"
(ii) in the case of a pharmacist, by the
registrar of the Pharmacists Registration
15 Board of Western Australia established
by the Pharmacists Act 2006;
".
(12) Section 64(2) is amended as follows:
(a) in paragraph (q) by deleting "pharmaceutical chemist" and
20 inserting instead --
" pharmacist ";
(b) in paragraph (r) by deleting "pharmaceutical chemists" and
inserting instead --
" pharmacists ".
25 13. State Administrative Tribunal Act 2004 amended
(1) The amendments in this clause are to the State Administrative
Tribunal Act 2004.
(2) Schedule 1 is amended by deleting "Pharmacy Act 1964" and
inserting instead --
30 " Pharmacists Act 2006 ".
page 113
Pharmacists Bill 2006
Schedule 3 Consequential amendments
cl. 14
14. Veterinary Chemical Control and Animal Feeding Stuffs Act 1976
amended
(1) The amendments in this clause are to the Veterinary Chemical
Control and Animal Feeding Stuffs Act 1976.
5 (2) Section 5(1) is amended in paragraph (a) of the definition of
"veterinary chemical product" by deleting "pharmaceutical chemist
registered under the Pharmacy Act 1964" and inserting instead --
"
practising pharmacist as defined in the Pharmacists
10 Act 2006
".
(3) Section 65 is amended as follows:
(a) paragraph (b) is deleted;
(b) in paragraph (c) --
15 (i) by deleting "registered pharmaceutical chemist" and
inserting instead --
" practising pharmacist ";
(ii) in subparagraph (i) by deleting "registered
pharmaceutical chemist, by the registrar of the
20 Pharmaceutical Council of Western Australia,
constituted under the Pharmacy Act 1964;" and
inserting instead --
"
practising pharmacist, by the registrar of
25 the Pharmacists Registration Board of
Western Australia, within the meaning
of the Pharmacists Act 2006;
".
page 114
Pharmacists Bill 2006
Consequential amendments Schedule 3
cl. 15
15. Veterinary Surgeons Act 1960 amended
(1) The amendments in this clause are to the Veterinary Surgeons
Act 1960.
(2) Section 28(a) is amended by deleting "registered pharmaceutical
5 chemist" and inserting instead --
"
practising pharmacist as defined in the
Pharmacists Act 2006
".
10
page 115
Pharmacists Bill 2006
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
applicant ........................................................................................................ 34
application ....................................................................................................... 3
appointing body.............................................................................................. 88
approved .......................................................................................................... 3
assets ................................................................................................Sch. 2 cl. 1
Board............................................................................................................... 3
certificate of registration................................................................................... 3
close family member ...................................................................................... 57
committee ........................................................................................................ 3
complainant...................................................................................................... 3
complaint ......................................................................................................... 3
complaints assessment committee..................................................................... 3
condition .......................................................................................................... 3
Corporations Act .............................................................................................. 3
Council ........................................................................................ Sch. 2 cl. 4(2)
Director............................................................................................................ 3
disciplinary matter............................................................................................ 3
dispense ........................................................................................................... 3
disqualified person .....................................................................................33(1)
document ......................................................................................................... 3
former Council ..................................................................................Sch. 2 cl. 1
friendly society................................................................................................. 3
hospital ............................................................................................................ 3
impairment....................................................................................................... 3
impairment matter ............................................................................................ 3
impairment review committee........................................................................... 3
incorporated Pharmaceutical Society..................................................Sch. 2 cl. 1
information ................................................................................................13(1)
insolvent ....................................................................................................53(1)
investigator ...................................................................................................... 3
legal practitioner............................................................................................... 3
liability .............................................................................................Sch. 2 cl. 1
medical practitioner.......................................................................................... 3
medicine or drug ......................................................................................115(1)
member........................................................................................... Sch. 1 cl. 10
member of the Board........................................................................................ 3
new Board.........................................................................................Sch. 2 cl. 1
non-practising pharmacist................................................................................. 3
page 116
Pharmacists Bill 2006
Defined Terms
officer .............................................................................................................. 3
pharmacist.................................................................................................. 3, 57
pharmacist controlled company....................................................................... 57
pharmacy ......................................................................................................... 3
pharmacy business............................................................................................ 3
practise pharmacy.......................................................................................28(2)
practising pharmacist........................................................................................ 3
preserved company......................................................................................... 34
presiding member............................................................................................. 3
professional indemnity insurance ................................................................27(1)
proprietary interest ........................................................................................... 3
register............................................................................................................. 3
registered ......................................................................................................... 3
registered pharmacy ......................................................................................... 3
registrar............................................................................................................ 3
registration ....................................................................................................... 3
relevant official .......................................................................... Sch. 2 cl. 12(1)
repeal day..........................................................................................Sch. 2 cl. 1
repealed Act ......................................................................................Sch. 2 cl. 1
respondent........................................................................................................ 3
restricted title ...........................................................................................105(1)
right ..................................................................................................Sch. 2 cl. 1
specified..................................................................................... Sch. 2 cl. 26(5)
state tax...................................................................................... Sch. 2 cl. 11(1)
student ............................................................................................................. 3
The List....................................................................................Sch. 2 cl. 1 and 3
the practice of pharmacy................................................................................... 3
trainee.............................................................................................................. 3
traineeship agreement....................................................................................... 3
unincorporated Pharmaceutical Society..............................................Sch. 2 cl. 1
vending machine ......................................................................................115(1)
page 117
[Index] [Search] [Download] [Related Items] [Help]