Pharmacy Act 1935 (SA)
[Reprinted on the 3rd Februury, 1976, pursuunt to the Acts Republicution Act , 1967, us umencied, und incorporuting uN amendments made prior to that date.]
PHARMACY ACT, 1935-1973
h c i n ~
1'h;trrn;tcy Aci . 1935. No . 22117 to1 ,935 IAsrr l l ied h, 24ih Ociuher. 39351;
IPh;srmitcy Aci Ame8)dmenr A<$. 1'1311. No. 2ZXY of 1'136 IA~sen led lo Xlh O u i o h r . iY3hI: Ph;bimniy Act Amendnlcni Act. 1937. N o 2354 of 1937 IAsaenlcd I 0 3rd Novsmhrr. IY37l; 1'h;wnl;kcy Acl Amendmenl Act. 1942. No. 27 of I942 IArrcnled io lYlh N o v e m k r . IV421:
t'h;trnwcy Act Amendmenl Act . 1947. No. 38 r,f 1947 IAsreotcd lo 11th Decemkr . 19471: Ph;?rm;%cy Acl Amendment Act. IY5I. No. 21 of lYP1 IArxenied 1, 18th Outohcr. IYSII:
Ph;trm;,cy Ac i Amendment Aci . 1952. No, 34 of iY52 IAsrenied lo 27th Novcmhcr. 19521: Siieitlie I.;tw Revision Act. 1952. Nc,. 42 of I952 IAsrcnled to 41h Decemhei. 19521: Pktrmacy Acl Amendment Aci. 1965, No. 42 of 1965 IArsenred lu Vlh December. ! S f d l ( $ 5 ~ anlendrd hy Philrmitcy Ac l Amendcnent Act. IW2. No. 16 of 1'172);
Phormibcy Act Amendment Act. I%?. No. 73 of i'ilii (Asrcnied $0 16th N<,vcmhei. IW,71;
Age of M;%jaii ly ~Keducf ion) Act. 19711.IY7I. N o I5 of 1Y71 /Assenled lo Xth April. I'i7IJ' l;w stmcndsd thy Phsrmscy Act Arnendmcnl Act. 1')72. No. 10 c,f 1972):
Ph;,rms,cy Aci Amenclmeol Act. 1972. No. l a of 1'172 IA~scn ted io 30th Mstrch. IV72I1:
An Act to consolidate certain Acts relating to the registration of phar-
maceutical chemists, and other purposes.
BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:
PART I PA^ I PRELIMINARY
1. This Act may be cited as the "Pharmacy Act, 1935-1973"
Came into operation 211th Apri l . 1972: G n z 13th Apri l . 1472. p. 1.128,
2. This Act is a consolidation of the Acts mentioned in the first schedule : ;S: 'p:$;, '""
and the said Acts are hereby repealed.
3. The provisions of this Act are arranged as follows:-
PART I-Preliminary.
PART. 11-The Pharmacy Board. PART 111-The Pharmaceutical Register. PART IV-Registration of Pharmaceutical Chemists PART v-Miscellaneous.
'Came in lo operalion ISih April. 1971: Guz, 15th Apri l . IY71. D. ISYX.
Pharmacy Act, 1935-1973
| -- | PART l |
| i",*r"ret*t#,>e | 4. in thi5 Act- |
| T 0 0 in91 , | 2 |
"board" means the Pharmacy Board of South Australia:
lhl lnwrlud DY
| 16. 1972. s J | "friendly society" means a society as defined in the Friendly Societies Act, 1919, as amended', a branch of such a society or a body corporate formed under section 41 of that Act: |
| "register" means the Pharmaceutical Register of South Australla kept under this Act: | |
| "registered pharmaceutical chemist" means a person registered under this Act or any repealed Act as a pharmaceutical chemist | |
| "repealed Act" means any Act repealed by this Act | |
| P A R r | $ 1 |
| -- | PART I1 |
THE PHARMACY BOARD
| Ph;lrm;,cy | 5. ( 1 ) The Pharmacy Board of South Australia is hereby continued. |
| ~ | ~ | ~ | ~ | d | , |
5IW, 1 X V l . r 3 .
(2) The board shall consist of seven members and shall have and exercise the powers given by this Act.
(3) The members of the board in office at the commencement of this Act shall continue in office, subject to the provisions of this Act.
Qs,,l~fi.n,.l"~
| Or memherr | 6. No person shall be eligible to be a member of the board unless at the |
| "19 ixqi 3 4 | time of the election he is a registered pharmaceutical chemist. |
| i.l"',,0" <>I | |
| lnelllherr | 7. ( I ) The members of the board shall be elected by registered phar- |
| 'm IKV I 5 6 | maceutical chemists. |
| (2) Elections shall be conducted in the manner prescribed and shall be held on some day in the month of December to be appointed by the board. |
(3) At any such election any member of the board shall be entitled to vote.
rcim of i,ffiic
| <,N IXVI \ 7 | 8. The members of the board shall hold office for a term of three years from the date of their election and shall be eligible for re-election. |
| V.li.l"'i'\ | |
| <,N ,891 \ X | 9. ( 1 ) I f any member of the board- |
| Per* ,a, | |
| substituted h, | (a ) ceases to hold a current certificate under section 24 of this Act; or |
| 16. 1872. c. 4. | |
| (b) dies; or | |
| |
| ( d ) ceases to reside in the State; or | |
| ( e ) becomes bankrupt or insane; or | |
| ( f ) is declared by a resolution of an absolute majority of the board to be unfit to remain a member of the board. |
his office shall become vacant and the vacancy shall be filled by the election of
another member.(2) Any person elected to f i l l any such vacancy shall hold office for the residue of the term for which the member whose office became vacant was elected.
Pharmacy Act, 1935-1973 3 P A R ~ I I
10. ( I ) A quorum of the board shall consist of not less than three 2;;':r;l;;,x,V
| members. | ,pmll ) . |
(2) The cont~nuing members may act notwithstanding any vacancy.
11. ( I ) The members of the board shall elect one of their members to be y , ; ; ; ; ' ;
| the president of the board. | iplril |
| (2) The president shall, whilst he remains a member of the board, hold office as president until the first meeting of every board elected as aforesaid and shall be eligible for re-election as president. | |
| (3) The president, when present, shall preside at all meetings of the board. In the event of his absence from any meeting, one of the members present shall be elected chairman of that meeting. |
12. The board may, from time to tune, appoint and remove a registrar, :c;91 ,,,
examiners, and other officers and fix their annual salaries and remunerations, but the total of any such salaries or remunerations shall not in any year exceed the receipts by the board for fees under this Act for that year.
13. ( 1 ) The board may examine any person who attends before it for the :%;,:
| purposes of this Act and all witnesses the board may call to give evidence. | , | ; | ; | ; | : | ; | ; | ; | ,, |
(2) Any such examination may be taken upon oath or declaration.
13a. ( I ) No suit, prosecution or other legal proceedings shall lie against : , n , : ; ; , ; $ ; ; ; : ;
| any person, in his personal capacity in respect of any act or thing done or & | d | : | ; | ; | y | : | : |
performed by that person in good faith in the exercise or performance, or the s.5.
purported exercise or performance, of his powers, functions or duties as-
(a) a member of the board;
(b) a registrar, examiner or other officer of the board,
whether that act or thing was done or performed before or after the com.
mencement of the Pharmacy Act Amendment Act, 1972.
PART 111 PART I I I
THE PHARMACEUTICAL REGISTER
14. ( I ) The board shall cause to be kept a register, to be called the ;;,,c:,";;,,, ,>,
Pharmaceutical Register of South Australia, of the names of all persons certified by the board to be duly qualified pharmaceutical chemists.
(2) The register shall be in the form in the second schedule or a form to the like effect.
15. The board may, from time to time, direct the registrar to make any %:;;j""Of
necessary corrections in the registration relating to the qualifications and SOP. 1~1 .8 . 13, addresses of registered pharmaceutical chemists. 16. (I) The board may, from time to time, send by post notice in writing ~ $ ; ~ ~ " '
to any registered pharmaceutical chemist, addressed to his registered address, , to inquire whether he has changed his place of business.
Pharmacy Act, 1935-1973
| -- | Pnnl I l l |
(2) If no answer is returned within twelve months from the sending of the notice, the board may erase the name of the registered pharmaceutical chemist from the register.
(3 ) The board may restore to the register any name erased under this section or section 15 of The Pharmacy Act of 1891, upon the personal application of the pharmaceutical chemist and either upon production of his certificate or upon satisfactory proof of his former registration.
| K~gi\ l i i , l i l l l l | #lr | |
| p"cmi,sr. | 17. ( 1 j. On and after the commencement of the Pharmacy Act Amendment | |
| s. hs~brtizu~ed Act, 1972, a registered pharmaceutical chemist shall not (whether as principal | h l 16. 1972. | |
|
(2) Any premises-
(a) the full address of which was registered with the board under section
17 of this Act as in force before the commencement of the
Pharmacy Act Amendment Act. 1972;
and
(bj in which immediately before that commencement the business of compounding and dispensing the prescriptions of legally qualified medical practitioners was carried on by a registered pharmaceut- ical chemist.
shall, for all purposes, be deemed to be premises registered under this section.
(3) Subject to subsection (4) of this section, the board may, on application
being made in the prescribed form, register, without fee, any premises under
this section.
(4) The board shall-
(u) not register any premises tinder fhis section:
and( b ) cancel the registration of any premises registered under this section. where it appears to the board that those premises do not, or. as the case may be, have ceased to comply with the provisions of the regulations relating to the
registration, or as the case may he, the continuance of registration of premises under this section. : ' . 15) On the cancellation of the registration of premises registered under this section those premises shall cease to he premises registered under this section.
| Re&tc,,n,tc'>r! | ,>f |
| '~cz,,I, | 18. Upon receiving a certificate or other sufficient proof of the death of any registered pharmaceutical chemist, the registrar shall erase the name of the chemist from the register. |
| ~II' , . ~ H ~ I . . | 11. |
. ,
| I)I>WE, | IO c~,,,ccI |
| ,eui ,,,;,, ,,,,,.,., | 19. ( 1 ) The board may cancel or suspend the registration and revoke the |
22'7. IU?(. certificate granted under section 24 of this Act of any person as a phar-
| 5.. | I,,, | 27. |
| s, | lVsuhrlil,llrd | macei~tical chemist- |
t,) 22HY. IY.36.
| *. .3. | ( u ) whose registration has been obtained by fraud or misrepresentation; |
| Suhrr . t l | l |
arnvndrd hr 16.
| IW2. r. 7. | or |
Pharmacy Act, 1935-1973 5 -
-- PnRr111
( b ) whose qualification has been withdrawn or cancelled by the univer-
sity or other body by which it was conferred; or ( c ) who has been certified to be a mental defective; or ( d ) who is deemed by the board to have been guilty of infamous conduct
in any professional respect,
and upon the making of the order of cancellation or during the period specified in the order of suspension, the said person shall cease to be registered as, or entitled to carry on the business of or practise as, a pharmaceutical chemist.
(2) If any registered pharmaceutical chemist is guilty of unprofessional conduct, or is convicted of any felony or misdemeanour, or is convicted outside the State of any offence, which, if committed in South Australia, would be a felony or misdemeanour, or is guilty of habitual drunkenness or habitual addiction to any drug, the board may impose all or any of the following penalties on the offending person, namely, the board may-
( a ) censure him: ( b ) order him to pay within any time fixed by the board, the board's costs and expenses of inquiring into the matter alleged against him, and of hearing any charge in relation thereto, including witness fees; and if the costs are not paid within the said time, may also suspend him from practising as, or carrying on the business of a pharmaceutical chemist until the costs and expenses are paid:
( c ) require him to give such undertaking as the board thinks fit, to abstain in the future from the conduct complained of:
(d) impose a fine not exceeding one hundred dollars' :
(e) suspend his registration, either conditionally or absolutely for a period not greater than one year:
(f) cancel his registration, in serious cases.
(3) The cancellation or suspension of the registration of any person previously registered as a pharmaceutical chemist may, at any time and for such reason as the board thinks fit, by order of the board, be annulled. The effect of any such annulment shall be as the board determines.
(4) Before cancelling or suspending the registration of any person or taking any proceeding under subsection ( I ) or subsection (2) against any
| person, the board shall- ( a ) give to the said person, by post by registered letter addressed to the | last known place of residence or business of the said person, at |
| least fourteen days' notice in writing of the complaint against him, and of the day, time, and place fixed for hearing the same; and |
(b ) hold full inquiry into the matter of the complaint and afford the said
person an opportunity of giving an explanation personally or in
writing.
(5) For the purposes of any inquiry under this section, aquorum of the board shall consist of five members and no decision of the board shall be given under this section unless at least four members of the board vote in favour of the. decision.
7 ~ ~ to r . H of the nctr ~epuhiicatiun nci. 1967. us amended. references to amounts of money cxprersed in decimal currency ~ ~ ~ a ~ l substitu8ed for rcferencer to sanountr of money exprewed iil ihe old currcncy.
Pharmacy Act, 1935-1973
| P A R T l l l | T- | |
| (6) Upon the holding o f an inquiry under this section, or o f any other proceedings before the board, the board shall be entitled to require the | ||
| ||
| (7) The board, for the purposes o f any such inquiry or proceedings, may examine any person upon oath, affirmation, or declaration, and for that purpose any member o f the board may administer an oath, affirmation, or declaration. | ||
| (8) A summons issued by the board requiring the attendance o f any person or the production o f any documents and signed by the registrar shall have the same ef fect as a subpoena ad testificondurn or duces tecum, as the case may be, issued out o f the Supreme Court in a civil action; and obedience thereto or non-ohqervance thereof or refusal to give evidence shall be enforced or punished by a judge o f the Supreme Court in chambers in the same manner as in the case o f disobedience to or non-observance o f a subpoena issued out o f the said Court or refusal to give evidence before the said Court. | ||
| (9) No person shall be required to attend before the board unless he shall previously or at the time o f service o f the subpoena have been tendered his reasonable expenses o f such attendance. |
Anniirl l i v .
| (IF). lXY1.r. IK. | 20. In the month o f January in every year the board shall cause to be |
677. 1897.\. 1. published in the Government Gazette a list o f all registered pharmaceutical
S. 20slnendrd
| by 1 6 . 1 9 ~ 2 , | chemists who have taken out certificates under section 24 o f this Act for the |
| r. 8 . | |
| current year. The list shall be arranged in alphabetical order, according to the surnames, with the respective places o f business o f the persons named therein. The board and the registrar shall, on payment o f the prescribed fee, supply a copy o f any such list to any person applying for the same. |
PART IV
Par, I V
~mp' * lng Ixedlng sad
s. 21.24 amended by
| 2289. 1936. r. | REGISTRATION OF PHARMACEUTICAL CHEMISTS |
| 27. 1942. s. 3; | |
| 4, % 42, ,952. | |
| Y. l9S2, 11.3. | |
| a. 3 12"d | |
| Srhed.); 42. 1965, w. 3.41: 73. 1967. r. 3; IS. 1971. s. 4 (Sched. Psrl | |
| XXlX | a. 2 |
3% ~ih$,8t&d
h 16. IW2.
r. 9.
I'rcviou*
| c~,ainuc. | xpl,trwi~,n ,. 21. A person, who was immediately before the commencement o f the |
| S. | 21 rub.tllutd Pharmacy Act Amendment Act, 1972, entitled to be entered on the register |
16.l972.
| r. 9 . | kept pursuant to this Act, shall for all purposes be deemed to be registered as a pharmaceutical chemisi under this Act. |
-
| ' Thl* ;lmmdmcnl war inopcriliiuc i r , view o l the repcia 01 \ ?>I hy -1'. | ,912. \ | 3 . ;lnd ,I;,\ | l r e n renc;~lcrl hy I<*, IYi?. %. i V |
| Thi, ilrncndment w:,\ | inoiicr8llivc in view i,f ihc rcpr;,l o f -. 22~1 hy d?. 195'. 5 , 1 | a~td hilr heen rcputtbd hy | 16, iw?, | ,, ?a. |
Pharmacy Act, 1935-1973 7
-- Pnkriv
22. A person may apply to the board for registration as a pharmaceutical s!;;;;;;;;,'"'
| chemist if- | S. 22rubsf&fuled |
| by 16, 1972. | |
| r. 9. |
(a) he-
( i ) holds a degree or diploma in pharmacy granted or
conferred by a University in this State or by the South
Australian Institute of Technology;
and
( i i ) has, or will have, at the time his application for registration
is considered by the board, served for the prescribed period as a trainee in the business of a pharmaceutical chemist, in a public hospital within the meaning of the Hospital Act, 1934, as amended', in an institution within the meaning of the Mental Health Act, 1935-1958. as amended', or in an industrial establishment approved
in writing by the Minister on the recommendation of the
board ;
( b ) he-
( i ) holds a degree or diploma in pharmacy which any univer- sity, college, institute or other body in any State or Territory of the Commonwealth is authorized by law to grant and which has been granted to him on his passing of the examination prescribed in relation to that degree or diploma by that university, college, institute or other body;
and
( i i ) has had either in this State or in the State or Territory in
which the university, college, institute or other body. whose degree or diploma he holds, is situate, for a period of not less than the prescribed period referred to in subparagraph (ii) of paragraph (a) of this section, experience in the dispensing and compounding of med- ical prescriptions that the board regards as sufficient to enable him satisfactorily to carry on the business of a pharmaceutical chemist in this State;
(c) he- (i) holds a degree, diploma or other academic qualification in pharmacy which entitled him to be registered, under the law of a prescribed country or place, as a pharmacist or pharmaceutical chemist and that degree, diploma or other academic qualification has been lawfully granted by a university, college, institute or other body situate in that country or place upon his passing examination held in that country or place for that degree, diploma or other academic qualification;
and
' Now Horpillls Act. ,934-$97,.
1 NOW ~ e ~ l i ~ i ~c; , i ih A C ~ . I ' ~ ~ ~ . I W Q
- Pharmacy Act, 1935-1973 ( i i ) is or was by the law of that country or place registered or
entitled to practise as a pharmacist or pharmaceutical
chemist in that country or place;
or
(d) he-
Suhpern. ti,
| amended 4 77. | ( i ) has completed some other course of academic and practical training that is, in the opinion of the board, the substan- tial equivalent of the requirements set out in paragraph |
| 107.3,s. 3 (11 | |
| (2nd Srhed.,. |
(a) of this section:
and
( i i ) he has passed such examination or examinations (if any) as
the board may direct or approve.
Reg,,,r&,,;,>n
| S. 23 ~uhsfl lvfrd | 23. ( 1 ) Where a person has pursuant to section 22 of this Act applied for |
| b ~ 1 6 . 1 q 7 2 . | registration as a pharmaceutical chemist and the board is satisfied that the |
| s. 9. | |
| person- |
(a) has paid the fee prescribed for registration;
( b ) possesses the qualification set out in paragraphs (0). (b) , (c) or (d ) of that section;
(c) in the case of an applicant possessing the q~ialifications referred to in paragraph (c) of that section, has not ceased to be registered or to be entitled to practise as a pharmacist or pharmaceutical chemist in a country or place for a reason that would disqualify him for registration under this Act or for a reason that would entitle the board to suspend or cancel his registration under this Act, if he were so registered;
(d ) has sufficient knowledge of the English language to be able to readily and intelligibly speak, read and write that language;
and
(e) has an adequate knowledge of, or if required by the board, haspassed such examination or examinations approved of by the board relating to the law affecting the practice of pharmacy and the sale or supply of drugs or medicines in this State.
then the board may cause that person to be registered as a pharmaceutical
chemist under this Act.
( 2 ) Registration as a pharmaceutical chemist shall be effected by entering the name of the person to be registered on the register kept pursuant to section 14 of this Act. (3) Where the board refuses to register an applicant for registration as a pharmaceutical chemist under this Act the board shall. at the request of the applicant, give reasons in writing for its refusal.
,~,t,~,i.,,,~
| CC,ii,i~itiC | 24. ( I ) The board shall from time to time on payment of the prescribed |
| s.2.1~uhrl~lvlrd | fee grant to any registered pharmaceutical chemist a certificate in the form of |
| hl LO. 1'472. | |
| ,. 9. | the third schedule to this Act. |
| (2) The certificate granted under subsection ( I ) of this section shall entitle the holder thereof to carry on the business of a pharmaceutical chemist during the currency of the certificate. | |
| (3) A certificate granted under section 21 of this Act and in force immediately before the commencement of the Pharmacy Act Amendment Act. |
Pharmacy Act, 1935-1973 9
- PART lv
1972, shall for all purposes be deemed to be a certificate granted under subsection ( I ) of this section and be deemed to he current until the first day of January next following that commencement.
PART V PA^-r v MISCELLANEOUS
25. ( I ) No person who is not a registered pharmaceutical chemist shall- !;;;$;;;;;p PE'""' (a) retail, compound, or dispense any drug or medicine for fee or z;;;:"'
reward on the order or prescription of a legally qualified medical 1 x 7 ~ . IYZH. >.7,D"'l , .
practitioner;
( h ) hold himself out as a pharmaceutical chemist, pharmacist, phar- maceutist, homoeopathic chemist, dispensing chemist, dispensing druggist, or chemist and druggist, or in any way whether directly or indirectly signify that he is qualified to compound and dispense drugs or medicines on the orders or prescriptions of duly qualified medical practitioners, or that his business is or includes such compounding and dispensing.
(2) Any person offending against any provision of this section shall be g,;;;TI,,,
guilty of an offence against this Act, and shall be liable to a penalty not :9;:;,,,,d,,,
exceeding two hundred dollars'.
(3) No person shall be convicted of the offence of holding himself out as a pharmacist, pharmaceutist, homoeopathic chemist, dispensing chemist, or chemist and druggist, or of directly or indirectly signifying that his business is or includes the compounding and dispensing of drugs and medicines on the orders or prescriptions of legally qualified medical practitioners if he shows that he carries on the business of compounding and dispensing drugs or medicines on the orders or prescriptions of legally qualified medical practi- tioners and that every shop or place where he carries on that business is constantly supervised and managed by a registered pharmaceutical chemist, and the name of that registered pharmaceutical chemist is kept painted or affixed in a conspicuous position in letters easily legible on the outside of every such shop or place of business.
25a. ( I ) Except as is provided in subsection (2) of this section, in section ; !$::$;; ; ; " '
31 or in section 31a of this Act, a person who is not a registered pharmaceut- :;pThn,";,",$P
business that consists, wholly or partly of retailing, compounding or dispensing S. $ 0 . ical chemist shall not own or take part in the control or management of a tyz;g?d
of drugs or medicines on the orders or prescriptions of legally qualified medical
practitioners.
Penalty: Two hundred dollars.
(2) Subsection ( I ) of this section does not apply to a person who owns or takes part in the control or management of a business referred to in subsection
(1) of this sectiqn and who-
(a) owned or took part in the control or management of that business immediately before the commencement of the Pharmacy Act Amendment Act, 1972;
and
' Perruslni 18, r . X of ihc Acts Rcp~ihlirntiun Act. 1967. nr ;,met>ded. references io amolinlr at mo,,ey cxpicssed i n decimnl curlency
*sl,slijeled !or "efclencer in i,mo,rn,\ I,! money ex,,mrsed 8 i i h t Old currei>uy.
Pharmacy Act, 1935-1973
| P A R T Y - | - |
(b) has, since the commencement of that Act, continued to so own or take part in the control or management of that business,
where that business i s under the constant supervision and management of a registered pharmaceutical chemist and the name of that registered phar- maceutical chemist i s kept painted or affixed in a conspicuous position in letters easily legible on the outside of the premises where that business is carried on.
,,,,>";,2<>,>h 2,h tcx
26. ( I ) N o company p r association of persons incorporated or unincor- (a) in any shop or place of business carry on the business of retailing. compounding, or dispensing drugs or medicines on the orders or prescriptions of legally qualified medical practitioners;
| u ~ m p l l n i ~ y | ;and |
| :,\~<!ci!t;,>,>x | porated shall- |
| IS?', | 19% |
- .
\. 7 ,Pilit,.
(b) in or about any shop or place of business exhibit any words or sign signifying or which may reasonably be interpreted to signify that its business is that of a pharmacei~tical chemist, pharmacist, pharmaceutist, homoeopathic chemist, dispensing chemist, dis- pensing druggist, or chemist and druggist, or that i t i s qualified to compound or dispense drugs or medicines on the orders or prescriptions of legally qualified medical practitioners, or that i t s
business is or includes such cornpoi~nding or dispensing,
unless that shop or place of business is constantly supervised and managed by a registered pharmaceutical chemist, and the name of that registered phar- rnacei~tical chemist is kept painted or affixed in a conspicuous position in letters easily legible on the outside of that shop or place of business.
| S8,bS"C. | ( 2 , |
| amcoded h) ~ 2 . | (2) I f any company or incorporated association contravenes any provision of this section i t shall be guilty of an offence against this Act and liable for a first offence to a penalty of not less than twenty dollars' nor more than one hundred dollars', and for any subsequent offence to a penalty of not less than fifty dollars' nor more than four hundred dollars'. |
| IWC. 5. I,, | |
| ,sch,d,,, | |
| J.,~.c~. I.1) | h, J2, |
| 1965.r . $1, | (3) I f any unincorporated association contravenes any provision of this section, the members of the board of management or other controlling body thereof shall each be severally guilty of an offence against this Act and liable for a first offence to a penalty of not less than ten dollars' nor more than one hundred dollars', and for any subsequent offence to a penalty of not less than twenty dollars' nor more than two hundred dollars'. |
| ,s~hr.di . |
| l lc\i"icti'>a | <,a |
26a. ( I ) Subject to sections 31 and 318 of this Act no company or
cmnw,,,ic~ ill,,,
>,\\',~i2,,!,>,!,.
| S. 268 enactqd | association of persons corporate or unincorporate shall- |
| h | 27. 19.42. |
| r . 1. | |
| suhSr< I I I | ((11 carry on the business of retailing. compounding or dispensing drugs |
| ""lrndrd h) 10. | or medicines on the order or prescriptions of legally qualified |
| 8'472. $. | I , . |
medical practitioners; or
(b)
in or about any shop or place of business exhibit any words or sign signifying or which may reasonably be interpreted to signify that its business is that of a pharmaceutical chemist, pharmacist, pharmaceutist, hornoeopathic chemist. dispensing chemist, dis- pensing druggist, or chemist and druggist. or that i t i s qualified to compound or dispense drugs or medicines on the orders or
| .....,.... | . ~ . | . | , . | ~ |
. .. .. -
| ' I | . | , | c | . | H 1 | h | A | n | , | A , | ,",,7. $85 :litic.dcd. IU~CIE,,EF. | I<> |
>~ ik \ i i i i # i cd fi!i iclurcncc\ I s , iarnf,~$nl\ a1 insrac) crpli.*\r.d in Il!c c l l~ l C O ~ I C I I C S . Pharmacy Act, 1935-1973
PARTV 11
prescriptions of legally qualified medical practitioners or that its
business is or includes such compounding or dispensing:
Provided that this subsection shall not apply to-
(a) any company which on the first day of August, 1942', was carrying on the business of retailing, compounding or dispensing drugs or medicines on the orders or prescriptions of legally qualified med- ical practitioners; or
( b ) any friendly society; or rubrf~lul~d para. , h ~ w 16. 1972. s. 11.
(c) any partnership every member of which is a registered pharmaceut-
ical chemist
| of this section it shall be guilty of an offence against this Act and liable for a :gz;;;,fo | (2) If any company or incorporated association contravenes any provision z;;;;&;s2, |
first offence to a fine of not more than two hundred dollars', and for any
subsequent offence to a fine of not more than four hundred dollars'.
(3) If any unincorporated association contravenes any provision of this E:;;;fiy,,,
section every member, manager, secretary, or officer of the association who :g,";;;,,'O
knowingly authorizes or permits the contravention shall be guilty of an offence
against this Act and liable for a firs1 offence to a fine of not more than one
hundred dollarsz and for any subsequent offence to a fine of not more than
two hundred dollarsz.
26aa. Sections 26 and 26a of this Act shall not apply to the Board of :;":,"$i:;;;i"n
| approved by the Chief Secretary on the recommendation of the board, ~b;;yzyd | Management of any hospital receiving a Government subsidy or grant in aid, zy;;,:""'" |
| employing a registered pharmaceutical chemist for the purpose only of com- 3.5 . pounding or dispensing drugs or medicines on the order or prescription of legally qualified medical practitioners for in-patients accommodated at that hospital. |
26b. ( 1 ) No person or association of persons whether corporate or unin- ,",",y;;;<p
| corporate shall carry on the business of retailing, compounding or dispensing ; | 4 | r | c | o | , | ; | ' | : |
| drugs or medicines on the orders or prescriptions of legally qualified medical b ~ z l . | 1942. |
I.4.
| practitioners except under his or its name. | subsrc. 11) | |
| emended by 16. | ||
| ||
| (b). |
(2) For the purposes of subsection ( 1 ) of this section the name- S ~ ~ S ~ I ~ U C ~ . , s ~ 12) by ~ ~ . 16. 1972. (a) of a natural person, shall be his full name or his surname together "'""'.
with-
( i ) his christian name or names;
( i i ) the initial letter of his christian name or names;
( i i i ) a combination of one or more of his christian names and
the initial letter or initial letters of his remaining christian
name or christian names;
or
I Kcfeicnrc lo ihr yci~r ninciecn hundred .~nd fi l l$y-lwo ;xlteicd in I V 4 2 nur*v;lnl to \ , 1 <I> of ihc Actr Krpehlic;$tion Act. I%,, ar ;,mended
l'ur*a;int lo r . H a i ihc Act. Rcptlhll~iilit,n Act. I%7. ar :#rnendcd, rcfeicncer io ;bmoentr of money exnre\\ed in decimal currency
\~,h\titcl~cd h>t referencer tu iamotlni\ n f money cxprcrrcd in ibc .rid canency (iv) the christian name or names by which he is commonly known or a combination of any one or more of such names and the initial letters of such names;
( b ) of a partnership, the name of each person constituting the
partnership;
and
(c) of body corporate, the name of that body corporate.
| su!Sar. (3) | * | * | * | * | * | * | * | * | * | * | * |
| struck owl by 16. |
| 1972, .. | I 2 | ,c,. |
(4) Notwithstanding anything in this section a person, company, associa- tion or partnership may continue to use any business name used by that person, company, association or partnership in connection with his or its business on the first day of August, 1942'.
subsrr. (5 ,
| emended by 41. | (5) If any person, company or incorporated association contravenes any |
| , | provision of this section he or it shall be guilty of an offence against this Act and liable to a fine of not more than two hundred dollars2. |
| Subset. ( 6 ) | |
| amended hy 42. | (6) if any partnership or other unincorporated association contravenes any provision of this section every member, manager, secretary or officer of the partnership or association who knowingly authorizes or permits the contraven- tion shall be guilty of an offence against this Act and liable to a fine of not more than one hundred dollars'. |
| :gzS;).'O | |
| Rrnristion on | |
| numbe, of | 26e. ( I ) Subject to sections 31 and 31a of this Act no person or associa- |
| shops. | |
| S. 26C muclrd | tion of persons corporate or unincorporate shall carry on the business of |
| byz7.1942. | |
| s. 4. | retailing, compounding or dispensing drugs or medicines on the orders or prescriptions of legally qualified medical practitioners, in more than four shops: |
| Provided that this subsection shall not apply to any person or association of persons who or which on the first day of August, 1942', was carrying on such business in more than four shops. | |
| (2) No person or association of persons corporate or unincorporate who or which on the first day of August, 1942', was carrying on in more than four shops the business of retailing, compounding or dispensing drugs or medicines on the orders or prescriptions of legally qualified medical practitioners shall carry on such business in any greater number of shops than the number in which that person, company or association was carrying on such business on the said day. | |
| |
| subsre. (4, | |
| amended by 16. | (4) This section shall not apply to a friendly society |
| 11112. r. 13. | |
| subsre. (5) | |
| amended by 41. | (5) If any company or incorporated association contravenes any provision |
| ; , , l o | of this section it shall be guilty of an offence against this Act and liable to a fine of not more than two hundred dollars2. |
Reference lo the year nineteen hundred ;md forty-lwo altered to 1942 ourswant io r. 7 (1) o f the Acts Repuhlicrlion A<<. 1967. as
amended
2 Purauani to a. 8 of the Acis Republienlion Act. 1967. as amended. references to amounts of money expressed in decimal curioilcy
ruhrtiluled for ieforences to amounts of money expressed in the old currency.
Pharmacy Act, 1935-1973 13 P A K r V
(6) If any partnership or other unincorporated association contravenes any . amended by 42. 9"bscc. (61
provision of this section every member, manager, secretary, or officer of the ,Zz;;;:,f@
partnership or association who knowingly authorizes or permits the contraven-
tion shall be guilty of an offence against this Act and liable to a fine of not
more than one hundred dollars'.
| 26d. ( I ) Subject to subsection (2) of this section a friendly society shall not carry on a business of selling goods by retail in a greater number of shops than the number in which that society is carrying on such business at the time br38.1947. | r. 3. |
| of the passing of the Pharmacy Act Amendment Act, 1947. | sume. |
| amended 4 42. |
(11
1965. r. 6 tel.
(la) Notwithstanding the provisions of subsection (I) of this section the ;;x%;it;:,
body known as The Friendly Societies Medical Association Incorporated may. 1W5.s.6'b).
after the commencement of the Pharmacy Act Amendment Act, 1965, carry on
the business of selling goods by retail in not more than thirty-one shops; but
the Association shall not establish or maintain any such new shop after the
commencement of the Pharmacy Act Amendment Act, 1965, unless the
situation of that shop has been approved by the Minister.
(2) In computing the number of shops in which a friendly society carries f:E;i&yd2
on the business mentioned in subsection ( I ) or ( la) of this section, any shop '965.s.6'c'.
which is a restricted shop under section 26e of this Act, shall not be taken into
account.
(3) A society which contravenes this section shall be guilty of an offence . Fuburc. (3) amended b) 42. 1965, a. 10
| and liable to a fine of not more than two hundred dollars'. | 1Sched.I. |
| ucr,~ ictcd |
26e. ( I ) A friendly society may- shups. S. 260 ensclod (a) in respect of any shop in which it carries on the business of selling b r a . 1.47. a. 3. goods by retail give notice to the board stating that in that shop the society does not, and will not sell goods by retail to any person other than-
(i) a financial member of a friendly society;
(ii) the wife, husband, or child of a financial member of a
friendly society;
(b) at any time withdraw any such notice.
(2) A shop in respect of which a notice is given under subsection ( I ) of
this section shall until the notice is withdrawn be a restricted shop within the
| meaning of section 26d and this section. |
(3) A friendly society shall not in or from a restricted shop sell any goods
by retail to any person other than a financial member of a friendly society or
the wife, husband, or child of a financial member of a friendly society.
(4) A person shall not falsely represent himself to be either a financial member of a friendly society, or the wife, husband, or child of a financial member of a friendly society.
(5) Every friendly society carrying on husiness in a restricted shop shall at all times keep displayed in that shop in a conspicuous position a notice printed in clear capital letters not less than four inches high the words "Goods sold only to financial members of friendly societies and to their wives, husbands, and children under sixteen".
| - | - | --- -- - - | - | -- --- -- - | - | -- |
' 1'ixr~i~;tnt so r x of ihr i \c& Kencihiicoiion Act. IWs7 ~ r r 8lmcnded. rcCcrcc>ce* t i , ne,<n~nlr of nh,ney exprer,eil in dcclmrl clsre,,cy \ i lh* l , , l i l~d ,lli ICfC,L"CC\ il, i,n,o,,n,\ ,,f n,oncy cxj,ic\\l.d in ihc ,114 CIII."Cy.
14 Pharmacy Act, 1935-1973
PAR^\'
Subsrr. (6)
| amended by 4%. | (6) Any society which, or person who, contravenes this section shall be |
| '%5.*.'O | |
| 1Sehed.l. | guilty of an offence and liable to a penalty of not more than two hundred dollars'. |
| inicrprevatien | |
| a( SS. 26d-2oe. | 26f. In sections 26d and 26e of this Act the expression |
| Ekf. amended | |
| by 16, 1972. | "child" means a person under sixteen years of age: |
| s. 14 (el. | |
| "sell" includes offer or agree to sell. The supply for reward of a drug or medicine compounded or dispensed |
on the order or prescription of a legally qualified medical practi- tioner shall be deemed for the purposes of sections 26d and 26e to be a sale of that drug or medicine.
| 1.imi,r,ion | ui | 27. The provisions of section 26 shall not apply to any person or |
| ~ | ~ | of | ~ | ~ | i | ~ | ~ | ~ | ~ | i | ~ | ~ |
| Act. | corporation carrying on the business of wholesale dealer in drugs in the |
| 511~. | 1 x 9 1 . ~ . | 27. |
ordinary course of wholesale dealing only.
savine ;a> I.
| ilslis,j(ntf i~nd | 28. Nothing in this Act shall prevent any assistant or trainee to a |
| ,rt,inrc*. | |
| 1879. 1928. 5 . 7 | registered pharmaceutical chemist or any person who is by the term of his |
| S. 28 amended | |
| I ~ ~ ~ ~ ~ I . | employment required to work under the supervision and control of a registered |
| by42, 1965. | pharmaceutical chemist from retailing, compounding, or dispensing drugs and |
| s. 7. | |
| medicines in the course of his employment and under the supervision of a registered pharmaceutical chemist. | |
| Ch'.mi"h n o ' t o | |
| FalrY 0" | 29. (I) NO registered pharmaceutical chemist shall carry on business as or |
| husinrr* | |
| wilholii | assume or use the title of pharmaceutical or dispensing chemist or druggist, or |
| ""titic"'". | |
| 677, 1897. r 2. | use or exhibit any title, term or sign which may he construed to mean that he |
| . | is a registered or dispensing chemist or druggist, except during the currency of |
| amended by 16, | |
| 1972,r. | a certificate granted to him under section 24 of this Act. |
| subrer. (21 | |
| amended 4v 42. | (2) Any person who commits any contravention of this section shall be guilty of an offence against this Act and liable to a penalty not exceeding fifty |
| ; | , | o |
dollars' .
Brunch
| hilrincrr. | 30. (I) No person shall carry on the business of retailing compounding or | |
| 6 7 7 . 1 ~ ~ 7 . 5 | 4 | dispensing drugs or medicines on the orders or prescriptions of legally qualified |
| IH79, $928. | ||
| %. 11. | medical practitioners in any shop or place of business unless at all times while |
| Llbnrc. I! | I |
| subrtltubd | that shop or place of business is open to the public- |
| 21. 1951. s. 3. | |
| Pars. | In1 |
| amended by 16. | (a) it is under the direct and constant personal supervision of a regis- tered pharmaceutical chemist holding a current certificate granted |
| 1 9 7 2 , ~ . | 1 6 , ~ ) . |
(b) there is painted or affixed in a conspicuous position in letters easily legible on the outside of the shop or place of business the name of the proprietor, and in a case where the proprietor is not the person supervising the shop or place of business, the name of that person also.
1 pursuant to r. H of the Acts Repuhlicalion Aci. 1967.. as amended. references lo amounts of money expressed in decimal currency
slibrlifuicd fur reierrncer $0 amasnir of monry expiassad in the "Id curronsy.
Pharmacy Act, 1935-1973 15
-- PARTV
(2) No person shall manage the shop, or business, or branch business of . ? " k c .
amended by 16. Dl
a pharmaceutical or dispensing chemist or druggist unless he holds a current 'w2 .s .16(b ' ,
certificate under section 24 of this Act.
(3) Every registered pharmaceutical chemist or person who is guilty of any
contravention of this section shall be guilty of an offence against this Act and
liable to a penalty not exceeding forty dollars'.
31. Upon the death of any registered pharmaceutical chemist carrying on &"$;A;h
business at the time of his death, it shall be lawful for his executor or E7;,";:$pon
administrator to continue the business for the benefit of the estate of the ~ P . I ~ Y I . s . z ~ .
| deceased for a period of six months only, unless the business is continued ty%,7A? | s. 5. |
| under the management of a registered pharmaceutical chemist. | |
| While any such business is not under the management of a registered pharmaceutical chemist, no person who is not a registered pharmaceutical chemist shall in the course of the business dispense any drug or medicine on the order or prescription of a legally qualified medical practitioner. |
31a. Notwithstanding any other provision of this Act the following per- :;;;;;&?
| sons, namely- | Celllin business eYCnts. in |
| S. 31s enenrd |
(a ) any person or company seizing or taking possession of the stock- b ~ 2 7 . 1942. 9. 6.
in-trade of a registered pharmaceutical chemist under a mortgage,
bill of sale, or other security; or
(b) the liquidator of a company which is in the course of being wound up. and was at the commencement of the winding up carrying on business as a pharmaceutical chemist; or ( c ) any mortgagee or receiver seizing and taking possession of the
stock-in-trade of a company carrying on such business, under a
mortgage, bill of sale or other security,
may continue to carry on the business of the pharmaceutical chemist or of the company, as the case may be, for a period not exceeding two years, and for any further period permitted by the board, upon condition that the business is continued under the personal management and control of a registered phar- maceutical chemist.
32. ( I ) Any person who wilfully, knowingly, or corruptly makes, or r;:;;2;;c/;of
| causes to be made, any false entry in the register or in the list of registered ;8z;;r';;$E& | pharmaceutical chemists, and any person who procures or attempts to procure Qn'h=Ac' . | 509. IX91,r. 24, |
| himself to be registered under this Act or any repealed Act by making or Suher.ll, | smendrd by 42. |
| producing. or causing to be made or produced, any false or fraudulent IWs.E.IO | representation or declaration, either orally or in writing, and any person aiding 'S'h~.'. |
| or assisting therein, shall be guilty of a misdemeanour, and shall, on convic- tion, be liable to a penalty not exceeding one hundred dollars', with or without imprisonment for any term not exceeding two years. |
(2) Any person who wilfully, knowingly, or corruptly makes any false Gz;r&\42,
statement in answer to any question, or upon any examination, or in any ;g;$:,'O
declaration under this Act, or any repealed Act, or utters, or attempts 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, shall be guilty of a misdemeanour, and on conviction thereof shall be liable to be imprisoned for any period not exceeding two years, or to a penalty not exceeding one hundred dollars'.
' I'arruztni 11 \ , X of chc Acir Repl8hlicsiiun Aci. I%>. ;tr ibmcndcd, refermi-rr to amountr uf m<,ney exprer~ed in decimal cilircncy \ahrtiiii%cd for r e f c r c n c ~ ~ in :~mt,enr* of moncy cxpreved in the old currency.
Pharmacy Act, 1935-1973
PARTV
| Power of hoard | 33. The board may charge fees of such amounts as are prescribed for the |
| to ~h~~~~~ | tee, |
1928 , 8 following things, namely:-
| <".,, | ,, |
I . For examining any candidate at any examination under this Act;
1 1 . For issuing any certificate under this Act;
1 1 1 . For supplying to any person a list of registered pharmaceutical
chemists.
The fees shall be paid to the registrar.
| NU". | 33a. Section 223 of the Industrial Code, 19201, shall not apply and shall be deemed never to have applied to any trainee to a registered pharmaceutical |
| a,pp~icatti~m | Of |
| rcclion | |
| ,h,l,d,,,,,i,, | 223 01 |
| A ~ n I ~ ~ l l l l t l l l | 01 | 34. All fines imposed for any offence against t h ~ s | Act or any repealed Act |
| tee, And | |||
| "e".'l,8c< |
| 1879 1'428 % X | shall be paid to the board, and shall, together with the fees received by the |
| I ~ ~ ~ ~ o | board under this Act or any repealed Act be applied towards defraying the |
| expenditure incurred in administering this Act. | |
| Appcilll. | |
| 1925, 1929. r . 5 | 35. ( I ) There shall be an appeal against any decision, ruling, order, or direction of the board or registrar. Every such appeal shall be to the Supreme Court, and shall be instituted within one month from the making or giving of the decision, ruling, order, or direction appealed against. |
| ( p $ b r ~ ~ . | |
| (2) Subject as hereinafter mentioned, all proceedings on or in connection with any such appeal shall be conducted as if the appeal were an appeal against an order of a c&rt of summary jurisdiction | |
| (3) Any notice or other document which, if the appeal were an appeal against an order of a court of summary jurisdiction, would be required to be served by the appellant on any person, may be served on the registrar, and any such service shall be deemed sufficient. | |
| """""'"~y"' | |
| ?Cp,,lalio,lr. | 36. The Gazette containing a list, or a printed copy of the list, purporting |
etc.. lo he to be signed by the president or registrar, of the persons registered as 509. i n ~ l . r . 3 2 . pharmaceutical chemists, and every extract from the register or the minutes of
the board, signed as aforesaid, shall be prima facie evidence in all courts of justice and in all legal proceedings whatsoever that the persons named therein are registered pharmaceutical chemists. The absence of the name of any person from such Gazette and printed list for the time being shall, until the contrary be proved, be evidence that such person is not a registered pharmaceutical
chemist.
K ~ ~ ~ ~ l ~ ~ l i ~ ~ r , r .
| S. 31 substituted | 37. The board may, with the approval of the Governor, make regulations not inconsistent with this Act prescribing all matters which under this, Act are required or permitted to be prescribed or which may be necessary or conven- ient to be prescribed for carrying out or giving effect to this Act and in particular but without limiting the generality of the foregoing for all or any of the following matters:- |
| r. 9. | |
| h~42.1965. |
(a) the manner of election of its members, the times and places of meetings of the board and the conduct of business at those meetings;
(b) the terms and conditions of agreements of traineeship with registered pharmaceutical chemists;
| S . 223 oi the industrial Code. 1920. war repealed hy .;. | 39 and Schedule of Act No | 51 of IYSli. |
Pharmacy Act, 1935-1973 17 PART V
(c) the period to be served by trainees;
(d) the number of trainees to be employed in hospitals or approved
institutions;
( e ) the training of trainees and the provision by every pharmaceutical chemist, public hospital, institution and industrial establishment with whom or where any person serves as a trainee of adequate and suitable equipment and facilities for such training;
(f) the appointment of examiners and the conduct of examinations; (g) the verification by statutory declaration, examination of witnesses or otherwise of the compliance of applicants for examination and for registration with the requirements of this Act and their admission to examination; ( h ) the granting of certificates and the keeping and publication of a register of pharmacists;
( i ) the recording by pharmaceutical chemists of prescriptions dispensed, compounded or made up by them;
( j ) the conditions under which the practice of a pharmaceutical chemist
in any pharmacy is to be conducted and medicines are to be
dispensed compounded or made up;
( j a ) the registration and the continuation of the registration of premises Fgi;?;, 16. under section 17 of this Act and without limiting the generality of '"2.*.'7.
the foregoing the type and construction of premises that may beregistered under that section;
( k ) the duties of managers and relieving managers;
( I ) the inspection of pharmacies;
(m) the equipment and facilities to be kept and provided at premises where the business of a pharmaceutical chemist is conducted; and ( n ) prescribing penalties recoverable summarily and not exceeding fifty dollars' for the breach of any regulation.
5umm*iy
38. All proceedings for offences against this Act shall be disposed of . prorcdilis
summarily. VIV IXYI , 11
SCHEDULES THE FIRST SCHEDULE
S C H E D U L E OF A f r s REPEALED
Numher and Year of Act 1 Short Title
No. 509 of 1891 .............................. The Pharmacy Act of 1891
No. 677 o f I897 .............................. I The Pharmacv Act Amendment Act. 1897
N o . I879 of 1928 ............................. Pharmacy Aci Amendment Act. 1928 No. 1925 of 1929 ............................. Pharmacy Act. 1929
- -- - - - - - - - - - - - - -- - - -- -
' I'tbr*i~;cni 81) * , X <,I ~ h c Aci\ K~p~ihl ic i l t ion Act . 1W17. ;L\ iinlended, reference* io ;,moenl\ of m i m e ~ cxnrcr.cd in decimi~l ~ i j r i c n r y
\,,h,,il,,,ed ,',. refrrcnccr $0 ;,mo,mi* of money exprc**cd in ,he <>Id currency. SECOND SCHEDULE
Register o( Phormoceulical Chemists
Date of By whom
No. Name Address / 1 Registration / Registered -
I Jones. Henry Edward Street Pharmaceutical Jan. ?. 1889 W. Grondy.
Norwood chemist. Registrar Great Britain
2 Smith. Peter Rundle Street Chemist and Feh. 7. I889
Adelaide druggist
A. B., President
C. D.. Member of the Pharmacy Board of South Australia E. F.. Member !
IBVI .
| Third Schell. | THIRD SCHEDULE |
| 3rd Sehed. | |
| amondad by 16. | CertiJicole ol Qualijicotion lo Prudi.ve '1.7 a Regislered Pharmuceefkul Chrmi.sl |
| 1972. | ~. | tn. | We | do | hereby | certify | that | , | residing | at | , | in |
. is duly qualified to practise as a registered pharmaceutical chemist from the date
hereof until the 1st day of January next ensuing.
Dated at Adelaide, this day of . I9 A. B., President
C. D., Member of the Phitrmacy Board of South Australia E. F.. Member 1
0
0
0