Pharmacy Act 1967 (ACT)

PHARMACY

No. 18 of 1967

An Ordinance to amend the Pharmacy Ordinance

1931-1966.

1.—(1.) This Ordinance may be cited as the Pharmacy Ordinance

1967.*

(2.) The Pharmacy Ordinance 1931-1966f is in this Ordinance

referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance, may

be cited as the Pharmacy Ordinance 1931-1967.

2 . Section 5 of the Principal Ordinance is repealed and the follow­

ing section inserted in its stead:—

" 5 . In this Ordinance, unless the contrary intention appears—

' medicated wine' means any wine as prescribed;
' member' means a member of the Board;

' registered medical practitioner' means a person registered

under the Medical Practitioners Registration Ordinance

1930-1967;

' registered pharmacist' means a person registered under this

Ordinance;

' registered veterinary surgeon ' means a person registered under the Veterinary Surgeons Registration Ordinance 1965- 1967;
' the Board' means the Pharmacy Board established by this

Ordinance;

19, 1966.

' the Chairman' means the Chairman of the Board;

' the Court of Petty Sessions ' means the Court of Petty Sessions

established under the Court of Petty Sessions Ordinance

1930-1967;

' the Deputy Chairman' means the Deputy Chairman of the

Board;

' the Director' means the person for the time being occupy- ing, or performing the duties of, the office of Common- wealth Director of Health for the Territory;

' the Minister ' means the Minister of State for Health;

' the Register' means the Register of Pharmacists kept in pur-

suance of section twenty-one of this Ordinance.".

* Made on 26 May 1967; notified in the Commonwealth Gazette and commenced on 8 June 1967.

t Ordinance N o . 10, 1931, as amended by N o . 21, 1933; N o . 27, 1937; N o . 21, 1959; N o . 22, 1964; and N o .

3.   Section 7 of the Principal Ordinance is amended— (a) by omitting from sub-section (1.) the words "Director-

General of Health " and inserting in their stead the word

" Director ";

(b) by omitting sub-sections (3.) and (4.) and inserting in

their stead the following sub-section:—

" (3.) The Director shall be the Chairman of the

Board."; and

(c) by omitting sub-section (7.) and inserting in its stead the

following sub-section:—

" (7.) A quorum of the Board consists of the Chair­ man or Deputy Chairman and such number of other members as, together with the member so presiding, constitutes a majority of the members.".

4 . Section 12 of the Principal Ordinance is amended by adding at the end thereof the following sub-sections:—
" (3.) A person who attends for the purpose of giving evidence before the Board is entitled to receive such fees and allowances (if any) as the Chairman or, if the Chairman is absent from the meeting of the Board, the Deputy Chairman thinks fit to allow in accordance with the scale of fees and allowances prescribed from time to time, for the purposes of section twenty-seven of the Public Works Committee Act 1913-1966, by the Public Works Committee Regulations.
" (4.) Fees and allowances payable to a person in accordance with the last preceding sub-section are payable—

(a) if the person attended before the Board, whether on sum­ mons or not, by reason of a request by a person other than an officer of the Department of Health—by the person at whose request the first-mentioned person attended; or

(b) in any other case—by the Commonwealth.".

5. Section 30 of the Principal Ordinance is repealed and the follow­

ing section inserted in its stead:—
" 30. A registered pharmacist who changes his professional address shall forthwith give notice of the changed address by post to the Chairman.".

6.  Section 49 of the Principal Ordinance is amended— (a) by omitting from sub-section (2.) the words "The amount

specified in any such order shall be a debt due to the Crown and may be sued for and recovered by action instituted by any officer authorized in writing by the Director-General in any Court of Petty Sessions as a civil debt recoverable summarily.";

(b) by inserting after sub-section (2.) the following sub-

section:—

" (2A.) Where a person is, by virtue of such an order, liable to pay a pecuniary penalty, the amount of that penalty is a debt due to the Commonwealth and payable to the Director and may be sued for and recovered as a civil debt recoverable summarily by action instituted in the Court of Petty Sessions by an officer authorized in writing by the Director."; and

(c) by adding at the end thereof the following sub-sections:—
" (4.) A person (not being a party) who attends
before the Minister for the purpose of giving evidence
is entitled to receive such fees and allowances (if any) as
the Minister thinks fit to allow in accordance with the
scale of fees and allowances prescribed from time to
time, for the purposes of section twenty-seven of the

Public Works Committee Act 1913-1966, by the Public

Works Committee Regulations.
" (5.) Fees and allowances payable to a person in accordance with the last preceding sub-section are pay­ able by the Commonwealth.

" (6.) In this section, 'par ty ' means the person by whom, or against whom, the charge the subject of the inquiry has been made.".