Pharmacy Acts Amendment Act of 1936 (1 Edw Viii No. 23) (Qld)

MEDICAL. 1 EDw. VIII. No. 23, 1936. Pharmacy Acts Amendment Act. MEDICAL-VETERINARY SURGEONS. See VETERINARY SURGEONS. 16311 MEDICAL. An Act to Amend "The Pharmacy Acts, 1917 to 1 LEDW. VIII. 1933," in certain particulars, and for other N~ ~ ~ 3. . purposes. PHARMACY ACTS Ai\ nJNn~ { ENT [ASSENTED TO 3RD DECEMBER, 1936.J ACT OF 1936. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Pharmacy Acts Short title. Amendment Act of 1936," and shall be read as one with *" The Pharmacy Acts, 1917 to 1933," herein referred to as the Principal Act. The Principal Act and this Act may collectively be Collective cited as " The Pharmacy Acts, 1917 to 1936." title. Amendments of the Principal Act. 2. Section three of the Principal Act IS hereby Amendment amended, as follows :- of 8.3. (a) The following new definition is inserted after the definition" By-laws," namely:- " "Dispensary"-Any building or place or any Dispensltry. portion of a building or place, or any store, tent, vehicle, boat, or pack in or from which drugs are compounded andlor dispensed." . (b) The following new definition is inserted after the definition" Drugs," namely ;- " "Health Acts" -t"The Health Acts, 1900 to 1934," Health Acts. and all and any regulations made thereunder, and whether so made before or after the passing of t" The Pharmacy Acts Amendment Act of 1936" (and any Act amending or in * 8 Geo. V. No. 11 and 24 Geo. V. No. 31, supra, pages 8305 and 14669. t 64 Vic. No. 9 and amending Acts, supra, pages 7735 et 8eq. t 1 Edw. VIII. No. 23 (this Act).

16312 :MEDICAL. Pharmacy Acts Amendment Act. 1 EDw. VIII. No. 23, substitution for the said Acts, and all or any regulations made under any such amended or substituted Act)." (C) The following new definition is inserted after the definition" Registrar," namely:- Shop. " " Shop "-Any building or place or any portion of a building or place, or any store, tent, vehiGle, boat, or pack in or from which drugs are sold or offered or exposed or kept for sale by retail: the term does not include a sample room solely used by a commercial traveller for the display of his samples." Repeal of 3. (1.) Section nine of the Principal Act is hereby and new s. 9. repealed and the following new section is inserted in lieu thereof, namely:- "[9.] The Governor in Council may upon the recommendation of the Public Service Commissioner appoint such officers and inspectors other than the registrar as may be deemed necessary for carrying out the provisions and objects of this Act. The salary of the registrar and of any officers and inspectors so appointed shall from time to time be determined by the Governor in Council." (2.) Any officer or inspector appointed by the Governor in Council upon the recommendation of the Public Service Commissioner before the passing of *"The Pharmacy Acts Amendment Act of 1936" shall be deemed to have been so appointed pursuant to this section, and any such appointment is hereby ratlfied accO'l'dingly. Repeal of 4. Subsection two of section thirteen of the Principal B. 13 (2). Act is hereby repealed. New ss. 14A 5. The following new sections are inserted after to l4D. section fourteen of the Principal Act and numbered 14A to 14D inclusive, namely:- Licensing "[14A.] (1.) Subject to this Act, every phar- aonf dsh/oorps maceut·lOaI cheml.St and every company or assom.at·IOn dispensaries. of persons carrying on the business of pharmaceutical chemists shall license each and every shop and/or dispensary in or from which he or it carries on the business of a pharmaceutical chemist. * 1 Edw. VIII. No. 23 (this Act).

1936. MEDICAL. .Pharmacy Acts Amendment Act. 16313 (2.) Every application for a license for a shop and/or dispensary shall be made to the registrar in the prescribed form, and shall contain the following particulars, namely :- (a) The address of such shop and/or dispensary; and (b) The full name and address of the applicant; and (c) Where the applicant is a company or association of persons, or, if a registered pharmaceutical chemist, does not actually supervise and manage such shop and/or dispensary in person, then the full name and address of the registered pharmaceutical chemist who actually supervises and manages such shop and/or dispensary in person. (3.) The Board may from time to time by by-law require every licensee to pay on or before the date prescribed an annual license fee not exceeding ten shillings and six pence, and any shop and/or dispensary in respect of which the licensee fails to pay such license fee on or before the prescribed date shall cease to be licensed as such; but the Board may at any time restore the license of any shop and/or dispensary in respect of which the licensee failed to make such payment on receipt of all arrears and payment of the prescribed restoration fee. [14B.] (1.) A license book shall be kept by the Keeping of registrar and shall contain the addresses of all shops ~ ce~ se and/or dispensaries licensed under this Act, the names OOKS, &c. and addresses of the respective licensees, the name and address of the registered pharmaceutical chemist who actually supervises and manages the licensed shop and/or dispensary in person in any case where the licensee is a company or association of persons, or if a registered pharmaceutical chemist, does not actually supervise and manage the licensed shop and/or dispensary in person, and the respective dates on which the licenses were issued. (2.) The license book shall at all times be open to inspection by any person on payment of the prescribed fee.

16314 MEDICAL. Pharmacy Acts Amendment Act. 1 EDw. VIII. No. 23, (3.) The registrar shall issue to every licensee a license which shall be in the prescribed form and shall have endorsed thereon all particulars required by this Act to be contained in the license book in respect of such license; and every licensee shall affix and keep affixed his license in some prominent place in his shop and/or dispensary. Where a shop and dispensary are combined the license for such shop shall include the dispensary unless the Board is of the opinion that the business of such shop and the business of such dispensary cannot both be carried on under the actual personal supervision and management of one pharmaceutical chemist. Failure to [140.] Any pharmaceutical chemist, or any company alincedn/ soer shop or association of persons carrying on the business of dispensary pharmaceutical chemists who or which- an offence. (a) Fails to license or to keep licensed any shop and/or dispensary in or from which he or it carries on· the business of a pharmaceutical chemist; or (b) Fails to affix or to keep affixed in some prominent place in any shop and/or dispensary in or from which he or it carries on the business of a pharmaceutical chemist, the license therefor; or (c) Being a company or association of persons or being a registered pharmaceutical chemist who does not actually supervise and manage any shop and/or dispensary in or from which he carries on the business of a pharmaceutical chemist in person, fails to have any shop and/or dispensary actually supervised and managed by the registered pharmaceutical chemist mentioned in the license therefor in person, shall be guilty of an offence and liable to a penalty of not more than twenty pounds. Exemptions [14D.] Nothing in this Act shall require or be lfircoemnsing. deemed to require any retail storekeeper or shopkeeper who sells in the ordinary course of business any patent medicine or any proprietary medicine, or any medicine or drug commonly sold in a bottle, tin, packet, or other container, to license his store or shop under this Act."

MEDICAL. 16315 1936. Pharmacy Acts Amendment Act. 6. The fourth paragraph of subsection one of section Amendment twenty of the Principal Act, being the paragraph of B. 20. beginning with the wor<;ls " The expression " and ending with the words "pharmaceutical chemist," is hereby repealed. 7. The following new sections are inserted after New ss. 20A section twenty of the Principal Act and numbered 20A and 20B. and 20B respectively, namely;- "[20A.] (1.) Any act done or omitted to be done Infamous by any employee in any shop andlor dispensary of a ?onduct company or association of persons carrying on business ::ressional as pharmaceutical chemists under and in accordance respect ~ Y with this Act (and being an act done or omitted ~ oc~ pan , to be done in the course of his employment or acting under the instruction of his employers) shall for all purposes of this Act be and be deemed to be done or omitted to be done by such company or association of persons; and to the intent that where such act would be infamous conduct in a professional respect if done or omitted to be done by a pharmaceutical chemist then, and in any such case, such company or association of persons shall be deemed to have committed infamous conduct in a professional respect in respect of the carrying on by it of such business in such shop andlor dispensary. (2.) A company or association of persons carrying on business as pharmaceutical chemists under and in accordance with this Act which is, after due inquiry, adjudged by the Board to have been guilty of infamous conduct in a professional respect, shall forthwith cease to carry on the business of pharmaceutical chemists. in the shop andlor dispensary concerned, and shall forthwith become and continue to be in relation to the shop andlor dispensary concerned a company or association of persons, as the case may be, to which the restrictions imposed by subsection one of section twenty-five of this Act apply; Provided that the Board may, in the case of any such company or association of persons which has been so adjudged by the Board to have been guilty of infamous conduct in a professional respect, and if it deems proper in the circumstances, order that the company or association of persons shall for such period as is specified in the order cease to carry on the business of pharmaceutical chemists in the shop andlor dispensary concerned, and upon the making of such order by the

16316 MEDICAL. Pharmacy Acfs Amendment Act. 1 EDw. VIII. No. 2;) Board the company or association of persons concerned shall forthwith become, and shall continue to be in relation to the shop and/or dispensary concerned until the expiration of the time specified in such order, a company or association of persons, as the case may be, to which the restrictions imposed by subsection one of section twenty-five of this Act apply in respect of the carrying on by it of the business of pharmaceutical chemists in the shop and/or dispensary concerned. (3.) In the case of a charge of infamous conduct in. a professional respect as hereinbefore provided in this section, the Board in making inquiry shall, if so required by the company or association of persons charged, sit as an open court, and the company or association charged shall be afforded an opportunity of defence either by its agent or by counsel, and shall have the right of appeal to the Supreme Court, and such appeal shall be by way of rehearing. (4.) Any company or association of persons subjected to the restrictions of subsection one of section twenty- five of this Act under and in pursuance of this section in respect of the carrying on by it of the business of pharmaceutical chemists in any shop and/or dispensary may be relieved from such restrictions by the Board. Infamous [20B.] (1.) Where a company as defined by *"The c p o r n o du f c e ~ sisnlOa C n O a ' l Y . npanies Act O 'J f . 1931 " ' is under and in pursuanc • e of respect by sectIOn 20A of thIs Act, deemed to have commItted manager, infamous conduct in a professional respect by reason c & o c m ., poafny or 0 f any act done or omitted to be done by an employee member of of such company then, and in any such case, the firm. chairman of directors or manager or other governing officer, by whatever name called, of such company shall (unless he proves that he did not know and had no means of knowing of such act of infamous conduct in a professional sense) also be deemed to have committed infamous conduct in a professional respect and may be charged and dealt with by the Board under and in pursuance of section twenty of this Act accordingly. (2.) Where an association of persons registered as a firm under t"The Registration of Firms Acts, 1902 to 1912," is, under and in pursuance of section 20A of this Act, deemed to have committed .infamous conduct in a * 22 Geo. V. No. 53, supra, page 13433. t 2 Edw. VII. No. 12 and 3 Geo. V. No. 27, supra, page 5795.

MEDICAL. 16317 1936. Pharmacy Acts Amendment Act. professional respect by reason of any act done or omitted to be done by an employee of such association then, and in any such case, every member of the firm shall (except in the case of any such member who proves that he did not know and had no means of knowing of such act of infamous conduct in a professional sense) also be deemed to have committed infamous conduct in a professional respect and may be charged and dealt with by the Board under and in pursuance of section twenty of this Act accordingly." 8. Section twenty-five of the Principal Act is Amendment hereby amended, as follows :_ of s. 25. (a) That part of the first paragraph of the said section beginning with the words "From and after" and ending with the words "or dispensing druggists," where such words secondly occur, is renumbered subsection one of section twenty-five. (b) That part of the first paragraph of the said section beginning with the words " But this restriction " and ending with the words " or society" is renumbered subsection two of section twenty-five. (c) That part of the first paragraph of the said section renumbered subsection two of section twenty-five by paragraph (b) of this section is also amended by repealing the words "But this restriction" and by inserting in lieu thereof the words " Save as is in this Act otherwise provided, the restrictions imposed by subsection one of this section"; by repealing the words "open shop or place of business" and by inserting in lieu thereof the words " shop or dispensary " ; and by repealing the words " on every signboard " and by inserting in lieu thereof the words "on every advertisement, signboard." (d) The second and third paragraphs of the said section (being the paragraph beginning with the words "Any company" and ending with the words "in that behalf," and the paragraph beginning with the words "Any person" and ending with the words "three pounds ") are repealed. (e) New subsections three, four, and five are inserted after that part of the first paragraph of the said section

16318 MEDICAL. Pharmacy Acts Amendment Act. 1 EDw. VIII. No. 23, renumbered subsection two of section twenty-five by paragraph (b) of this section, as follows:- When " (3.) Except as hereinafter provided, the restrictions acsosmocpiaantiyonor imposed by subsection one of this section shall, notwith- of chemists standing anything to the contrary contained in subsection emxaeymlpotsieon two of this section, continue not to apply in the case of from a company or association consisting wholly of restrictions. pharmaceutical chemists only if- (a) Such company is a company as defined by *"The Companies Act of 1931," or such association is registered as a firm under t"The Registration of Firms Acts, 1902 to 1912," on the date of the passing of t"The Pharmacy Acts Amendment Act of 1936"; and (b) Such company or association is actually carrying on the business of pharmaceutical chemists on the date of the passing of t"The Pharmacy Acts Amendment Act of 1936"; and (c) Such company or association of persons actually and cOl~ tinuously carries on the business of pharmaceutical chemists in any one or more of the shops and/or dispensaries in which it was actually carrying on such business on the date of the passing of t"The Pharmacy Acts Amendment Act of 1936)" or in any other shop and/or dispensary in which such company or association carries on the business of pharmaceutical chemists in lieu of any shop and/or dispensary in which it actually carried on such business on the said date, and which other shop and/or dispensary is distant not more than one half-mile from the shop and/or dispensary in lieu of which it is so carried on. Any such company or association as aforesaid which at any time subsequent to the date of the passing of t"The Pharmacy Acts Amendment Act of 1936 " changes the name by which it was registered on the said date, or carries on the business of pharmaceutical chemists at any shop and/or dispensary in which it is not permitted * 22 Geo. V. No. 53, 8upra, page 13433. t 2 Edw. VII. No. 12 and 3 Geo. V. No. 27, 8upra, page 5795. t 1 Edw. VIII. No. 23 (,;his Act).

MEDICAL. 16319 1936. Pharmacy Acts Amendment Act. by this subsection to carry on such business, shall forth- with become and be a company or, as the case may be, an association to which the restrictions imposed by subsection one of this section .apply : Provided that nothing in this subsection contained shall prohibit or be deemed to prohibit an association of persons consisting wholly of pharmaceutical chemists and registered as a firm under *"The Registration of Firms Acts, 1902 to 1912 " (and whether so registered before, on, • or after the passing of t"The Pharmacy Acts Amendme""t . Act of 1936 "), from carrying on the business of pharmaceutical chemists where such business is carried on at one shop and/or dispensary only. (4.) The restrictions imposed by subsection one When of this section shall, notwithstanding anything to the ~ o~ p= ~ . contrary contained in subsection two of this section, los~ . continue not to apply in the case of a company carrying ~ : : : PtlOn on in Queensland the business of pharmaceutical restrictions. chemists and duly registered before the first day of September, one thousand nine hundred and seventeen, only if and so long as such company actually and continuously carries on such business- (a) Under the name which is its registered name on the date of the passing of t"The Pharmacy Acts Amendment Act of 1936"; and (b) In anyone or more of the shops and/or dispensaries in which such company was actually carrying on the business of pharma- ceutical chemists on the date of the passing of t"The Pharmacy Acts Amendment Act of 1936," or in any other shop and/or dispensary in which such company carries on the business of pharmaceutical chemists in lieu of any shop and/or dispensary in which it actually carried on such business on the said date, and which other shop and/or dispensary is distant not more than one half-mile from the shop and/or dispensary in lieu of which it is so carried on. Any such company as aforesaid which at any time subsequent to the date of the passirig of t"The Pharmacy Acts Amendment Act of 1936" changes the * 2 Edw. VII. No. 12 and 3 Geo. V. No. 27, 8upra, page 5795. t 1 Edw. VIII. No. 23 (this Act).

16320 ~ IEDJCAh Pharmacy Acts Amendment Act. 1 EDW. VIII. No. 23, Penalties. name by which it was registered at the said date, or carries on the business of pharmaceutical chemists at any shop and/or dispensary in which it is not permitted by this subsection to carry on such business, shall forthwith become and be a company to which the restrictions imposed by subsection one of this section apply. (5.) Any company, association, or society offending against this section shall be liable to a penalty of not more than five hundred pounds, and in addition to' a penalty of not more than fifty pounds for each and every day during which such offence is continued after a conviction therefor. Any person aiding or abetting any company, association, or society in any such offence shall be liable to a penalty not exceeding twenty pounds and not less than three pounds." New ss. 25A, 9. The following new sections are inserted after 25B, and section twenty-five of the Principal Act and numbered 25c. 25A, 25B, and 250, namely:- When "[25A.] Where any object stated in the memo· ~~ t~ ~ a! oa~ e randum of association of any company as defined by in memo- *" The Oompanies Act of 1931," or the business stated :: :c~ :i~ ~' in the notice of registration of any association of persons of com- registered as a firm under t" The Registration of Firms pany, &c. Acts, 1902 to 1912" (and whether such company or association of persons was registered before, on, 'or after the passing of t" The Pharmacy Acts Amendment Act of 1936") is contrary to the restrictions imposed upon companies or associations of persons under subsection one of section twenty-five of this Act, the Supreme Court may upon the application of the Board order such company or firm to make, and within such time as the court orders, such alteration in its memorandum of association or notice of registration as the circumstances of the case may require. Any company, person, or firm who or which fails to obey any such order as aforesaid shall, in addition to any other penalty to which he or it may be liable under any other Act, or law, or rule of law, be guilty of an offence against this Act and liable to a penalty of not more than five hundred pounds, and in addition liable to a penalty * 22 Qeo. V. No. 53, supra, page 134,33. t 2 Edw. VII. No. 12 and : ~ Geo. V. No. 27, 8upra, page 5795. :I: 1 Edw. VIII. No. 23 (this Act).

1936. MEDICAL. Pharma,cy Acts Amendment Act. Hi321 of not more than fifty pounds for each and every day during which such offence is continued after a conviction therefor. [25B.] Any company or association of persons, other When than a registered friendly society, to which the restrictions ~ m~ any, imposed by subsection one of section twenty-five ofb: ~~ r:e this Act do not apply, shall upon ceasing to carry on sU~ 1ect to . business as pharmaceutical chemists forthwith become s. . and be a company or association, as the case may be, upon which all of the said restrictions are imposed. Forthwith upon ceasing to carry on business as pharmaceutical chemists a company as defined by *" The Companies Act of 1931" or an association of persons registered as a firm under t" The Registration of .Firms Acts, 1902 to 1912," shall make such alteration in its memorandum of association or change in its notice of registration as may be necessary to delete from such memorandum or notice any reference to and/or authority to carry on business as pharmaceutical chemists. Where any company or firm required by this section to alter its memorandum of association or notice of registration fails to do so, the Supreme Court may upon the application of the Board order such company or firm to make, and within such time as the court orders, such alteration in its memorandum of association or notice of registration as the circumstances of the case may require. Any company, person, or firm who or which fails to obey any such order as aforesaid shall, in addition to any other penalty to which he or it may be liable under any other Act, or law, or rule of law, be guilty of an offence against this Act and liable to a penalty of not more than five hundred pounds, and in addition liable to a penalty of not more than fifty pounds for each and every day during which such offence is continued after a conviction therefor. [25c.] It shall be lawful for the Registrar of When . Companies to refuse to register any company where ~ ~ g~ ~ % ~ ~ ~ ; any object stated in the memorandum of association or .. of such company is contrary to any restriction imposed :: ~ e~ ~ tlOn _________________________ refused. * 32 Geo. V. No. 53, 8upra, page 1:3433. t 2 Edw. VII. No. 12 and 3 Geo. V. No. 37, supra, page 5795.

16322 MEDICAL. Pharmacy Acts Amendment Act. 1 EDw. VIII. No. 23, upon companies under subsection one of section twenty- five of this Act, and it shall be lawful for the Registrar of Firms to refuse to register as a firm any association of persons where the business stated in the notice of registration of such association is contrary to any of the restrictions imposed upon associations of persons under subsection one of section twenty-five of this Act." Amendment 10. Section twenty-six of the Principal Act is of s. 26. hereby amended by repealing therein the words "any open shop or place of business for the compounding or dispensing of prescriptions" and by inserting in lieu thereof the words "any shop and/or dispensary." New s. 26A. 11. The following new section is inserted after section twenty-six of the Principal Act and numbered 26A, namely : - When shop, "[26A.] No dispensary shall for any purpose of this er ~ cbedee~ ed Act be or be deemed to be under the actual personal p~ rso: ; ~ . supervision and management of a pharmaceutical chemist su~ervJSlOn unless such pharmaceutical chemist is present in person ~ : nagement in such dispensary when any drug is compounded ocpef I luatrimcaal- sahnadll/ ofrordiasnpyenpsuerdpothseeroefatth; isaAndctnboe sohrobpeodreoemtheedr tpola b cee chemist. under the actual personal supervision and management of a pharmaceutical chemist unless such pharmaceutical chemist is continuously present in person in such shop or other place every day du·ring the whole of the time while business is being carried on thereat, with the excep- tion of a period of not more than one hour between the hours of twelve o'clock noon and two o'clock in the afternoon." Amendment 12. Section twenty-sevep. of the Principal Act is of s. 27. hereby amended by the addition thereto of the following new subsection three :- " (3.) In any proceedings by or on behalf of the Board, a certificate purporting to be signed by the registrar and stating that the restrictions imposed by subsection one of section twenty-five of this Act apply to any company or association of persons named in such certificate shall be prima facie evidence that the said restrictions apply to the company or association of persons so named."

1936. MEDICAL. Pharmacy Acts Amendment Act. 16323 13. Section twenty-eight of the Principal Act is Amendment hereby amended by the addition thereto of the following of s. 28. paragraphs, namely:- " Any person committing a breach of or contravening or neglecting or failing to comply with any of the provisions of this Act shall, where no other penalty is expressly provided, be liable to a penalty not exceeding fifty pounds. Where an offence against any of the provisions of this Act is committed by a body corporate the chairman of directors or manager or other governing officer, by whatever name called, of such body corporate shall be liable to the punishment provided by this Act for such offence unless he proves that he did not know and had no means of knowing that such offence was committed. Proceedings for offences against this Act may be instituted within one year after the offence is committed or within six months after the discovery of the offence by the complainant, whichever is the later period." 14. Section thirty of the Principal Act is hereby Amendment amended as follows :_ of s. 30. (a) Subsection one of the said section is hereby amended by the insertion therein, after paragraph (iii.), of the following new paragraph numbered (iii.a), namely:- "(iii.a) The powers, duties, and authorities of inspectors." (b) The proviso to paragraph (x.) of subsection one of the said section is amended by repealing therein all words from and including the words "Preliminary Examination" to and including the words "approved by the Board" and by inserting in lieu thereof the following words, namely:- " Preliminary Examination- Grmlp 1.- English, Arithmetic, Algebra, Geometry ~

16324 MEDICAL. Pharmacy Acts Amendment Act. 1 EDw. VIII. No. 23, Group 11.- French, German, Latin; Group 111.- Chemistry, Physics, Geology, Botany, Physiology, History. The subjects to be taken by candidates must include all of the subjects of Group I., one subject from Group Il., and one subject from Group Ill. ; and the standard of all subjects shall be the standard of the Junior Public Examination of the University of Queensland." New s. 30A. 15. The following new section is inserted after section thirty of the Principal Act and numbered section 30A, namely :-- Savings. "[30A.] Nothing in this Act shall prejudice or affect or be deemed to prejudice or affect the *Health Acts, and all of the provisions of the *Health Acts shall apply and extend to each and every pharmaceutical chemist, or company, or association of persons, or friendly society carrying on the business of pharmaceutical chemists, and this Act shall be read and construed with the *Health Acts accordingly." New s. 30B. 16. The following new section 30B is inserted after section 30A previously inserted, namely : - Provisions "[30B.] (1.) Notwithstanding anything contained in aosf ptohaprrmicae- s t"The Profiteering Prevention Act of 1920" or in any other ceutical Act or law, all pharmaceutical goods shall be and be goods. deemed to be commodities within the meaning of the said lastmentioned Act, and the Commissioner of Prices shall, subject as hereinafter provided, have and exercise in relation to all pharmaceutical goods the powers, * 64 Vic. ~ o. 9 and amending Acts, supra, pages 773;3 et seq. t 10 Geo. v. No. 33, supra, page 9213.

MEDICAL. ]936. Pharmacy .Acts Amendment Act. authorities, and jurisdiction conferred upon him by section ten of *"The Projiteering Prevention Act of 1920": Provided that the said the Commissioner of Prices shall forthwith upon the passing of t"The Pharmacy Acts Amendment Act of 1936," and may, from time to time thereafter in his absolute discretion, fix and declare for and in respect of pharmaceutical goods maximum prices, which maximum prices may be so fixed and declared according to or upon any principle or condition prescribed by *"The Projiteering Prevention Act of 1920" and/or according to or upon any principle or condition prescribed under and in pursuance of this section. (2.) The Governor in Council may, from time to time, by Order in Council prescribe principles or condi- tions to be applied by the Commissioner of Prices in fixing or declaring the maximum prices of pharmaceutical goods, which principles or conditions may, but without limiting the generality of this subsection, relate to- (a) The basis or bases or method of determination as to what shall constitute such maximum price and either generally or in respect of any class or classes of pharmaceutical goods ; (b) The application by the Commissioner, and either with or without addition, modification, or amendment thereof, of all or any of the principles and conditions prescribed by paragraph (i.) of section ten of *"The Projiteering Prevention Act of 1920" : Provided that, unless the Order in Council prescribing same otherwise provides, any principle or condition so prescribed shall be and be deemed to be in aid of and not in derogation of the principles or conditions prescribed by *"The Projiteering Prevention Act of 1920." (3.) For the purpose of enabling him to do and execute the acts, matters, and things required to be done and executed by him under and in pursuance of this section, the Commissioner of Prices shall have and may exercise the powers, authorities, and jurisdiction conferred upon him by*"The Profiteering Prevention Act of 1920." (4.) For the purposes of this section" pharmaceutical goods" shall mean and include all drugs which, or any salt derivative or compound of which, are compounded, dispensed, or sold by pharmaceutical chemists as medicine." * 10 Geo. V. No. 33, supra, page 9213. t 1 Edw. VIII. No. 23 (this Act). 16325