Pharmacy Act 1891 (SA)

ANNO QTJINQUAOESlMO QUARTO ET QUINQUA-

GESIMO QUINTO

VICTORIB REGINB.

A.D. 1891.

No. 509.

An Act to Establish a Board of Pharmacy in South Australia, and to make provision for the Regis- tering of Pharmaceutical Chemists, and for other purposes.

[Assented to, October ~ g t h, 1891.1

E it Enacted by the Governor of the Province of South Legislative Council and House of Assembly of the said province, in	B Australi~, by and with the advice and consent of the
this present Parliament assembled, as follows:

A-509.1

1, This Act may be cited as " The Pharmacy Act of 1891."	Short title.
2, In this Act-	Definitima.

(a) Board " shall mean 'L

The Pharmacy Board of South

Australia " established under this Act:

( b ) G: Chemist and druggist " shall mean (a) any person, who, as owner or manager, has, prior to the coming into operation of this Act, carried on the business of

a chemist and druggist in the: keeping of open shop

for the compounding of the prescriptions of duly qualified medical practitioners; and (B) such persons

as may be duly registered under this Act:

(c) " Pharmaceutical chemist " shall mean a person regis- tered as such under this Act:

(d) Prescribed " shall mean in manner prescribed by regu-

lation: ( e ) Register "

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The Pharmacy Act.-1891,

-

( e ) " Register " shall mean the Pharmaceutical Register

of South Australia kept under the provisions of this

Act:

(f) " Regulations " shall mean the regulations made under

the authority of this Act..

PART I.

THE PHARMACY BOARD.

Board to consist of 3, There shall be a Board consisting of seven members, which

seven persons.

shall be constituted as hereinafter provided, and shall have and

exercise the powers and authorities hereinafter contained.

Qualifioatione of 4.

Until a register shall have been made, in manner provided by section 12 hereof, every person who, for the time being, shall be entitled to be registered as a pharmaceutical chemist shall be eligible as a member of such Board, and from and after the comple- tion of such register no person shall be so eligible unless at the time of such elections he shall be registered as a pharmaceutical chemist.

members of Board.

How first Board 5, The first members of the board shall bc appointed by the

appointed.

Governor, and hold office until the thirty-first day of December,

one thousand eight hundred and ninety-threc.

Future Board to be 6, The members of every future Roard shall bc elected by the

elected. ph~rmaceutical chtmists. Every election shall be conducted in the prescribed manner, and be held on some day in the month of December, to be appointed by the Board: Provided that every registered member shall be entitled to vote.

Term of office. 7.

The members of the Board (except the first members appointcd under this Act) shall hold office for three years from the date of

their election, and shall be eligible for re-election.

Vacanciee. 8,

If any member of the Board shall fail to obtain a certificate under section 19 hereof, or shall die, resign, cease to reside in the colony, become insolvent or insane, or be declared by a resolution of an absolute majority of the Roard to be unfit to remain a member of the Boal-d, his seat shall become vacant and the vacancy shall be filled by the election of another member, who shall hold office for the residue of the term fbr which the member whose place became vacant wa's appointed or elected.

Preudent tobeelected 9, The members of the Board shall elect one of their number as

bg Board. president who, whilst he remains a member of the Board, shall hold office until the firsmeeting of every Roard clected under section 6 hereof, but shall be eligible for re-election.

Quorum of Board. A quorum of the Board shall consist of not less than three

members thereof. The contipuing members may act notwithstand-

ink an? vacancy. The

546 & 5 5 O VICTORIE, No. 509.

The Pharmacy Act.-1891.

The president, when prcsent, shall preside at all meetings of the Board; and, in the event of his absence from any meeting, one of the members present shall be elected chairman of that meeting. P A R ~ I.

10. The Board may, from time to time, appoint and remove a appointment of

registrar, examiners, and other officers, and fix their annud salaries OmCerS.

and remunerations, but such salaries and remunerations shall not

at any time cxceed the annual receipts by the Board for fees

under this Act.

it for the purpose of this Act, and all witnesses he may call to give witnepsee. 11. The Board may examine any person who may atteild before Board may examine

evidence, and such examination Illay be taken upon oath or solemn

declaration.

PART 11. PART 11.

PHARMACEUTICAL REGISTER O F SOUTH AUSTRALIA.

12. The Board shall cause to be made and kept a register of Register to be kept.

the names of all persons certified by the Board to be duly qualified pharmaceutical chemists. Such register shall be in the form of the First Schedule hereto, or to the Eke effect. So soon as the first register shall have been made under the provisions of this Act, the same shall be notified to the Chief Secretary of the said province, under the hand of the President.

make any necessary corrections in the registration relating to the rected. 13, The Board may, from time to time, direct the Registrar to Register may be W-

qualifications and addresses of persons registered under this Act.

business, shall give notice thereof to the Registrar, who shall make to be notified. 14, Every pharniaceutical chemist, on changing his place of Change of reaidenoe

an entry thereof in the register.

15. The board may, from time to time, write, or cause to be Members whosead-

written. a letter to any pharmaceutical chemist, addressed to him at may be nmoved fmm dresa cannot be fauna

his registered address, to inqnire whether he has changed his place register.

of' business; and, if no answer be rcturnecl to such letter within the

period of twelve months from the sending thereof, may erase the name

of such person from the register. The Board may restore the name

to such register upon the personal application of such person ancl

production of his certificate, or upon satisfactory proof of his former

registration.

16, Upon receiving a certificate or other sufficient proof of the Deathtoberegistered.

death of any pharmaceutical chemist, the registrar shall erase the

name of such chemist from the register.

17. If any pharmaceutical chemist be convicted of any offence Names may beemsea

which, in the opinion of the Board, renders him unfit to be on the for oertain causes,

register,

4 54" & 55° VICTORIA?, No. 509.

me Pharmacy Act.-1 89 1.

PUTIL

register, it shall be the duty of the Board to erase such name

accordingly.

Annual list of mam- 18, h the month of January in each year the board shall cause

"" " be pubEEhd. to be published in the Government Gazette a list of all registered pharmaceutical chemists, in alphabetical order, according to the surnames, with the respective places of business of the persons named therein, The Board and the registrar shall supply a copy of such list to any person applying for the same, awl on payment of

the prescribed fee. --

P a s ~ 111. PART 111.

REGISTERED PHARMACEUTICAL CEIEhfISTS.

Persons entitled to be 19, No person shall receive from the Board a certificate that he

registered.	is a pharmaceutical chemist unless he shall have attained the age
of twenty-one years, and-

(a ) Unless at any time before the date of the commencement of this Act he shall have carried on the business of a chemigt and druggist, or hornaeopatlric chemist, in the keeping of an open shop in South Australia for the compounding and dispensing of prescriptions of duly qualified medical practitioners; or

( h ) Unless at any time before the date of the commencement of

this Act he shall have been employed in South Australia as a dispensing assistant in an open shop for the com- pounding and dispensing of' the prescriptions of duly qualified medical practitioners, and shall have been rcgis- tered within twelve months from the coming into operation

of this Act; or

(c) Unless he shall have heen for not less than three years employed as a dispensing chemist in an hospital, benevolent asylum, or other like public institution in South Australia,

(d) Unless he hold a certificate or diploma of competency as a	the coming into operation of this Act; or and skdl have been registered within twelve months from
pharmaceutical chemist, or as a chemist and druggist, or homeopathic chemist, from the Pharmaceutical Society of Great Britain, or any college or board of pharmacy recognised by the Board under any regulations made under this Act; or

( e ) Unless he shall have served for not less than four years as an apprentice in the business of a registered pharmaceutical chemist, or of a chemist and druggist, or homreopathic chemist, keeping an open shop for the compounding and dispensing of prescriptions of duly qualified medical prac- titioners, arid shall produce to the Board a certificate from the proper officer of the Adelaide University that the person

named therein has passed the senior public examination of

auch

546 & 55' VICTORIA, No. 509.

me Pharmacy Act.-1891.

such University, or some other examination equivalent thereto, or have passed a preliminary examination before the Board, or examiners appointed thereby, in the sub- jects of Latin, English, and arithmetic, and a final examination in the subjects of practical pharmacy, chemistry, and any prescribed subject; but any person having served or serving a period of not less than four years' apprenticeship, whose period of apprenticeship shall have commenced three months before the date of the commencement of this Act, either with a chemist and druggist or with a duly qualified medical practitioner, or in a public hospital, benevolent asylum, or other like public institution, shall be required to pass such modified examina- tion only as may be prescribed, and a certificate of qualifi- cation in the form in the Third Schedule hereto, shall, subject to the provisions of this Act, entitle the person named therein, on payment of the proper fees, to be and to continue to be registered under this Act at any time within six months after the date of such certificate; and any person being a member of the Pharmaceutical Society of South Australia at the time of the passing of this Act shall, on application to the Board, be entitled to such registration.

The Board shall, from time to time, on payment of the annual fee in the Second Schedule hereto, grant to-e;ery pharmaceutical chemist under this Act a certificate in the form in the Third Schedule of this Act, and such certificate shall entitle the holder thereof to be entered upon the register and to carry on the business	Certificate.
of a pharmaceutical chemist during the currency of such certificate.

20.

The Board shall control and direct all examinations under the provisions of this Act, but such ,examinations shall not include the	Board may examine
candidates.
theory and practicc of medicine, surgery, or midwifery.

21.

22. Every person who desires a certificate of qualification for Conditions of

registration under this Act, or to be examined, shall furnish the

registration.

Board with a wtatutory declaration according to the Fourth or Fifth Schedules of this Act, respectively, or to the like effect. Where a per- son applies for such certificate under sub-section (d ) of section 19, his declaration must be accompanied by the certificates or diplomas on which he bases his application, or other evidence thereof, which certificates or diplomas shall be returned to the applicant by the Board; and where such application is made under sub-section (a) of section 19, the application shall be accompanied by the statutory declaration of a justice or a duly qualified medical practitioner in the form of the Sixth Schedule, or to the like effect.

I

PART IV,

MISCELLANEOUS.

23. Upon the decease of any registered pharmaceutical chemist	Proviaion in aaae of
death for carybg oa

carryiug on business at the time of his death, it shall be lawful for bueinesfi.

his

54' & 55' VICTORUE, No. 509.

The Pharmacy Act.-1 891.

PABT IV.

his executor or administrator, to continue such business for the

benefit of the estate of the deceased, for a period of six months only, unless such business shall be continued under the management of a pharmaceutical chemist.

Pena'ti*f0rfa'8si8

cation of register or 24. Any person who wilfully, knowingly, or corruptly makes,

Itt, or other frauds or causes to be made, any false entry in the rcgistcr or in the list U

on the Act.

of pharmaceutical chemists, and ky person who procures or attempts to procure himself to be registered under this Act hy making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either verbally or in writing, and any person aiding or assisting therein, shall bc guilty of a misdemeanor, and shall, on conviction, be liable to a penalty nut exceeding Twenty Pounds, with or without imprisonment, for any term not exceeding twelve calendar months.

If any person shall wilfully, knowingly, or corruptly make any false statement in answer to any such question, or upon such examination, or in such declaration, or shall utter, or attempt to utter, or put off as true to or before the Board any false, forged, or counterfeit diploma, degree, licence, certificate, or other document or writing, he shall be guilty of a misdemeanor, and on conviction thereof shall be liable to be imprisoned for any period not exceeding one year, or a penalty not to exceed Twenty I'ounds.

U1lfe@tcrred person

may not re resent 25. From and after the first day of January, one thousand

himself to %O a eight hundred and ninety-three, it shall not bc lawful for any

chemist, &C. not being a chemist under this Act, to assume

or use the title of a pharmaceutical or dispensing chemist, or druggist, or to use or exhibit any title, term, or sign which may

be construed to mean that any such person is a registered or

dispensing chemist or druggist.

Any person offending against the provisions of this section shall be liable to a penalty not exceeding Twenty Pounds, and in default of payment shall be liable to be imprisoned for any term not exceeding six months,

Corpo~tiona not to 28. Any corporation or joint stock company carrying on the

O a T diepensing On business chemiata. business of pharmaceiltical or dispensing chemist or druggist, except under the management of a pharmaceutical chemist, shall be liable to a penalty not exceeding Twenty Pounds.

] t i m i t e t i ~ ~ ~ f ~ ~ ~ ~ ~ - 27. The provisions of section 26 shall not apply to any person or corporation carrying on the business of

tion of A C ~. wholesale dealers in drugs

in the ordinary course of wholesale dealing only.

Exemption from	28, All pharmaceutical chemists actually engaged in carrying on business as chemists and druggists shall, whilst so engaged, be exempt from serving on juries: Provided that only one pharmaceu- tical chemist shall be exempt a t the same time in the business of any one person or firm. 29. The
juries.

54" & 55" VICTORIIE, No. 509.

The Pharmacy Act.-1$91.

29. The fees set out in the Second Schedule to this Act shall be P A xr. ~

paid to the Registrar i u respect of the matters therein mentioned for

the purposes of this Act.

30. The fees imposed by this Act shall be received by the Board Application of fees.

and be applied for the purposes of defraying the expenditure

arising in the administration of this Act.

31, The Board may, from time to time, with the approval of the Regulations.

Governor, make, alter, or rescind regulations for carrying this Act into effect. Such regulations shall not have any effect until they have been laid before Parliament for twenty-one days, and shall have been published in the Gazette ; and any regulation may impose any penalty not exceeding Five Pounds for the breach of any such regulations. The production of tbe Gazette containing regulations purporting to have been made under this Act shall, in all courts and in all legal proceedings, be prima facia evidence that such regula-

tions were duly made in pursuance'of this Act.

32. The Gazette containing a list, or a printed copy of the a,m,jot

list, purporting to be signed by the president or registrar, of ;@ $ * & c , ; ; ; : ?

the persons registered as pharmaceutical chemists, and every extract from the register or the minutes of the Board, signed as aforesaid, shdl bc prima .facie evidrnce in all courts of justice and in all legal proceedings whstsoever that the y er sons named therein are pharmaceutical chemists, registcrcd according to the provisions of this Act, and the absence of the name of any person from such

Gazette and printed list for the time being shall, until the contrary

be proven, be evidence that such person is not a registered pharma-

ceutical chemist.

33. Every proceeding for any offence against this Act may be Bummary jurir-

had and taken before, and be heard and determined in a summary	may by, any Special Magistrate or two Justices of the Peace, under	the provisions of an Ordinance of the Governors and Legislative
Council, So. 6 of 1850, intituled " An Ordinance to facilitate the performance of the duties of Justices of the Peace out of sessions with respect to Summary Convictions and Orders," or of any Act now in force or hereafter to be in force, relating to the duties of Justices of the Peace with respect to summary convictions and orders; and all convictions and orders made by such Magistrate or Justices may be enforced, as in the said Ordinance or in any other Act as aforesaid is or shall be provided.

34, There shall be an appeal to the Local Court of Adelaide of A P P ~ ~.

Full Jurisdiction only from every decision or determination of' thc Board or conviction by any Special Magistrate or Justices for any off'ence against this Act, or from every order dismissing any informa- tion or complaint, or from any other order made by such Magistrate or Justices under this Act; and the proceedings on such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of

1850,

54" & 55' VICTORIJE2, No. 509.

The Pharmacy Act.-1 89 l .

P~~~ lye	1850, for appeals to Local Courts, or any Act to be hereafter in force regulating such appeals; but the Local Court of Adelaide aforesaid s 1 1 d have power to make such order as to the payment of
the costs of the appeal as it shall think fit, although such costs may
exceed Ten Pounds.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor,

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The Phrmacy Act.-1 891.

SCHEDULES.

FIRST SCHEDULE.

Register o f Pharmaceutical Chemists.

Date of By whom

No. Addresa. Qualification. Registration. Registered.

-- ---v

1 Jones, Henry. . Edward-~treet, Pharmaceutical Jan. 2, 1889 W. Grundy,

Norwood chemist, Great Registrar

Britain

2 Smith, Peter. . Rundlc-street, Chemist and Feb. 7, 1889

Adelaide druggist

.-L

A. B., President

C, D., Member	of the Pharmacy Board of South Australia.
R. F., Member

SECOND SCHEDULE.

Fees Payable to the Board under Ac t.

s 8. d.

For every preliminary examination.. ...................... 1 1 0

For the final examination under section 19 ................	1 1	0
For the issue of any annual certificate of registration to any

pharmaceutical chemist ............................ 0 10 6

For every list of pharnraceutical chemists .................. 0 1 0

THIRD SCHEDULE.

Certt$cai?e of Qualijcation for Registration as a Begistered Pharmacezltical Chemist.

We do hereby certify that , residing at 9

in , is duly qualified to practice as a registered pharmaceutical

chemist from the date hereof until the 1 ~ t day of January next ensuing.

Dated at Adelaide, this day of , 18 .

A. B., President

C. D., Member of the Pharmacy Board of

E. F., Member South Australia,

FOURTH SCHEDULE.

Declaration by a person who was in business in South Australia as a chemist and d ~ u g g i s t befbre the commencement of this A c t, or who was employed as a manager or dispensing assistant in some pharmacy in South Australia before the date of the commencement of " The Pharmacy A c t, 1891."

1, residing at , in , do solemnly

and sincerely declare that I have attained the age of twenty-one years, and that I carried on the business of a chemist and druggist (or homeopathic chemist) in the

B-609 keeping

54O & 55' VICTORIW, No. 509.

keeping of an open shop for the compounding and dispensing of the prescriptions of a duly qualified medical practitioner (or was employed as a dispensing assistant in an open shop for the compounding and dispensing of the prescriptions of a duly quali- fied medical practitioner), at the following times and places, that is to say:

And I make this solemn declaration, &c.

Declared at in this day of

18 , , before me.

FIFTH SCHEDULE.

DecZaration 6y Apprentice.

1, , of , in the colony of South

Australia, do solemnly and sincerely declare-

1st. That I have attained the age of twenty-one years.

2nd. That I have served not less than four years in the business of

, a pharmaceutical chemist, keeping an open shop at

for dispensing and compounding prescriptions; or (2) that I have aerved a period of not less than four years' apprenticeship, commencing on the day of

, with Mr. , a chemist and druggist

[or as the case may 6e).

I make this solemn declaration, &c.

Declared at , this day of 18 , before me.

I

SIXTH SCHEDULE.

Declaration to be signed by a Justice of the Peace, or duly pualzyed medicalpracti- tioner, respecting aperson who was in business as a chemist and druggist in South Australia before the commencement of " The Pharmacy Act, 1891 ."

1, , residing at , do hereby solemnly

and sincerely declare that I am a Justice of the Peace (or a duly qualified practi-

tioner), and that to my knowledge, , residing at

was in business as during the period (or periods) stated in his

declaration, dated the day of 18 .

And that I believe the statements in his declaration to be true and correct,

And I make this solemn declaration, &c.

Declared at , this day of 9 18 9

before me.

SEVENTH SCHEDULE.

Declaration to be signed by Master Chemist and Druggist as 80 service of

Dispensing Assistant or Apprentice.

1, , residing at , do hereby declare that I

am a regietered pharmaceutical chemist, and that , residing at

, was employed as a dispensing assistant (or as an apprentice) in my

open shop at , during the periods undermentioned.

From 18 , t o 18 .

And I make this solemn declaration, &c.

Declared at , this day of , l 8 ,

before me.

- - - -

Adelaide : By authority, C. B. B~us~ow, Government Printer, North-terrace.