Pharmacy Act 2010 (WA)

Western Australia

Western Australia

Pharmacy Act 2010

An Act to provide for the registration of premises as pharmacies, to control such premises and pharmacy businesses, make consequential amendments to various Acts 1 and for related purposes.

This is the Pharmacy Act 2010.

This Act comes into operation as follows —

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

• (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