PHARMACY ACT 2010 - SECT 3

PHARMACY ACT 2010 - SECT 3

3 .         Terms used

        (1)         In this Act, unless the context otherwise requires —

        applicant means a person who has made an application under section 42;

        application means an application for registration;

        approved means approved by the Board in writing;

        Board means the Pharmacy Registration Board of Western Australia established by section 4;

        certificate of registration means a certificate of registration issued under section 51(1);

        close family member , in respect of a pharmacist, means any 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 purposes of this definition;

        committee means a committee established by the Board under this Act;

        condition includes restriction;

        Corporations Act means the Corporations Act 2001 (Commonwealth);

        dispense , in relation to a medicine or drug that is, or contains, a poison, as defined in the Medicines and Poisons Act 2014 section 3, means to supply that medicine or drug in accordance with that Act;

        document includes any tape, disk or other device or medium 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

            (c)         has a constitution that provides that the main object of the company is to carry on the business of pharmacy;

        member of the Board includes a person acting under section 17;

        officer , in relation to a body corporate, has the meaning given 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 registered under the Health Practitioner Regulation National Law (Western Australia) in the pharmacy profession;

        pharmacist controlled company means a company within the meaning of the Corporations Act —

            (a)         in which —

                  (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

            (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 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 company;

        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 available,

        other than a business carried on at premises operated by —

            (c)         a public hospital, as defined in the Health Services Act 2016 section 6; or

            (d)         the holder of a permit or licence under the Medicines and Poisons Act 2014 of a type prescribed by the regulations;

        practice of pharmacy includes to —

            (a)         compound, dispense or otherwise supply medicines or drugs; and

            (b)         advise or counsel on the effective and safe use of medicines or drugs;

        preserved company means St John of God Health Care Incorporated, an association taken to be incorporated under the Associations Incorporation Act 2015 ;

        presiding member means the presiding member of the Board referred to in section 6;

        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

            (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 49;

        registered means registered by the Board under this Act;

        registered pharmacy or pharmacy means premises registered as a pharmacy under Part 4 Division 1;

        registrar means the person employed or engaged to be registrar under section 30;

        registration includes renewal of registration;

        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.

        (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

            (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 arrangement, a right to receive consideration that varies according to the profits or income of a pharmacy business.

        [Section 3 amended: No. 13 of 2014 s. 186(2)-(4); No. 30 of 2015 s. 225; No. 11 of 2016 s. 299.]