Pharmacy Acts Amendment Act of 1959 (8 Eliz Ii No. 17) (Qld)

MEDICINE AND PHARMACY. 8 E liz . II. No. 17,1959. Pharmacy Acts Amendment Act. 487 MEDICINE AND PHARMACY. An Act to Amend “The Pharmacy Acts, 1917 tO 8 nan. 1939,” in certain particulars. T he * P harmacy A cts AMENDMENT [A ssented to 10 th A pril , 1959 ] ACT 0F 1959, T> E it enacted by the Queen’s Most Excellent Majesty, -D 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. (1.) This Act may be cited as “ The Pharmacy short title. Acts Amendment Act of 1959.” (2.) *“ The Pharmacy Acts, 1917 to 1939,” are in this Principal Act referred to as the Principal Act. Act' (3.) The Principal Act and this Act may be Collective collectively cited as “ The Pharmacy Acts, 1917 to tJt e‘ 1959.” 2. Section three of the Principal Act is amended— Amendments (а) By repealing the definition “ Medical practitioner ” and inserting, in lieu of that repealed definition, the following definition:— “ “ Medical practitioner ”—A medical practitioner Medical under and within the meaning of f“ The practltloner‘ Medical Acts, 1939 to 1955 ” ; ” ; (б) By repealing the definition “ Minister ” and inserting, in lieu of that repealed definition, the following d efinition:— “ “ Minister ”—The Minister for Health and Home Minister. Affairs or other Minister of the Crown charged for the time being with the administration of this Act; ” ; (c) By repealing the definition “ Recognised Certificate ” ; and * 8 G. 5 No. 11 and amending Acts, t 3 G. 6 No. 10 and amending Acts.

488 MEDICINE AND PHARMACY. Pharmacy Acts Amendment Act. 8 E liz . II. No. 17, (d) By repealing the definition “ Registrar ” and inserting, in lieu of that repealed definition, the following definition :— “ “ Registrar ”—The registrar appointed as prescribed: The term includes the deputy registrar or other person who for the time being occupies the office or performs the duties of the registrar ; Amendments of s. 7. 3 . Section seven of the Principal Act is amended— . . (i.) By renumbering that section as subsection one thereof; and (ii.) By adding to that section, as so renumbered, the following subsection :— Deputy registrar. “ (2.) During the absence from duty of the registrar reason of illness, leave of absence or other cause, or during any vacancy in the office of the registrar, the duties, powers and authorities of the registrar may be performed and exercised by a deputy registrar appointed by the Governor in Council (whether generally or in respect of any particular period of absence from duty of, or vacancy in the office of, the registrar).” Repeal of 4. (1.) This section shall come into operation on and new the first day of January, one thousand nine hundred 8' ’ and sixty. (2.) Section ten of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted :— Entitlement 1 4 [10.1 (A) Subject to this Act every person shall registration be entitled to registration as a pharmaceutical chemist as under this Act who makes application to the Board in tlcaimaceu fh® prescribed foim and pays the prescribed registration chemist. fee, and who proves to the satisfaction of the Board that he has attained the age of twenty-one years and is of good fame and character, and that— (а) He was registered under the repealed Act immediately prior to the first day of January, one thousand nine hundred and eighteen; (б) He is the holder of the prescribed certificate of fitness (obtained after due examination);

MEDICINE AND PHARMACY. 1959. Pharmacy Acts Amendment Act. (c) He is the holder of the degree or diploma (obtained after due examination) in pharmacy of the University of Queensland; (d) He is the holder of a degree, diploma or certificate (obtained after due examination) in pharmacy of a university, college or other body in another State of the Commonwealth or in Great Britain, or Northern Ireland or the Dominion of New Zealand, and which university, college or other body is duly recognised in the State or country in question and is legally authorised to grant such degree, diploma or certificate; or (e) He has passed through a regular course of pharmaceutical study of not less than three years’ duration in a school of pharmacy and has received after due examination from some university, college or other body duly recognised for that purpose in the country to which such university, college or other body belongs a degree, diploma or certificate which— (i.) Is equal to or higher than the degree in pharmacy (issuable after due examination) of the University of Queensland ; (ii.) Is approved by the Board ; and (iii.) Is recognised by the Governor in. Council by Order in Council as qualifying him to practise pharmacy in the coiintry in question. (2.) A person who applies by virtue of the qualification prescribed by paragraph ( b ) of subsection one of this section shall not be registered under this Act unless and until he further proves to the satisfaction of the Board— (a) That the articles of apprenticeship required in his case by this Act were made, and the term of his service thereunder as an apprentice commenced, before the first day of January, one thousand nine hundred and sixty; and (b) That he obtained such qualification on or before the thirty-first day of December, one thousand nine hundred and sixty-five.

190 MEDICINE AND PHARMACY. Pharmacy Acts Amendment Act. 8 E liz . II. No. 17, (3.) A person who applies by virtue of the qualification prescribed by paragraph (c) of subsection one of this section shall not be registered under this Act unless and until he further proves to the satisfaction of the Board that subsequent to obtaining that qualification he served for a period of, or periods aggregating, twelve months in the employment or under the control and supervision of a pharmaceutical chemist or pharmaceutical chemists— (a) In an open chemist’s shop and dispensary in Queensland; (b) In a dispensary in Queensland; (c) In a public institution in Queensland; or (d) Who is a wholesale druggist or manufacturing chemist carrying on business in Queensland, and produces to the Board a certificate as prescribed showing that such service or services was or were performed to the satisfaction of such pharmaceutical chemist or pharmaceutical chemists : Provided that the Board may, according as it deems fit in the circumstances of the case, exempt from or reduce the period of the service specified in this subsection where it is satisfied that the applicant had service as an apprentice under articles of apprenticeship as required by this Act made before the first day of January, one thousand nine hundred and sixty. (4.) A person who applies by virtue of the qualification prescribed by paragraph ( d) or paragraph (e) of subsection one of this section, shall not be registered under this Act unless and until he further proves to the satisfaction of the Board that subsequent to obtaining that qualification— (a) He served for a period of, or periods aggregating, twelve months in the employment of or in employment under the control and supervision of a pharmaceutical chemist or pharmaceutical chemists and that the circumstances of such employment were such as to afford the applicant practical experience in matters pertaining to pharmacy equivalent to the service specified in subsection three of this section, and produces to the Board such evidence as the Board requires showing that such service or services

MEDICINE AND PHARMACY. 1959. Pharmacy Acts Amendment Act. was or were performed to the satisfaction of the pharmaceutical chemist or pharmaceutical chemists concerned; or (6) He was duly entitled to practise and practised as a pharmaceutical chemist for at least one year in the State or country wherein the university, college or other body which granted to him the qualification in question is situated, and in the case of a person who applies by virtue of the qualification prescribed by paragraph (e) of subsection one of this section, the Board has received the certificate prescribed by subsection five of this section. For the purposes of subparagraph (a) of the first paragraph of this subsection, in relation to any State or country other than Queensland “ pharmaceutical chemist ” means a person who at all material times, was— (a) Qualified as prescribed by paragraph ( d) or, as the case may be, paragraph (e) of subsection one of this section ; and (b) Duly entitled to practise and practising as a pharmaceutical chemist in that State or country. (5.) A person who applies by virtue of the qualification prescribed by paragraph (e) of subsection one of this section shall not be registered under this Act unless and until the senior member of the academic staff in the department of pharmacy of the University of Queensland, by oral and practical examinations arranged or approved by him and conducted in the English language, is satisfied of the applicant’s knowledge, skill and ability to practise and carry on the trade, business and profession of a pharmaceutical chemist, and that member certifies to the Board accordingly. ' If the said senior member of the academic staff in the department of pharmacy shall be unable or unwilling to act as prescribed by this subsection, the Board may after consulting the Senate of the University of Queensland appoint a person or persons to act in his place. (6.) (a) The Governor in Council may, from time to time, by Proclamation published in the Gazette, suspend on and from a date fixed by the Proclamation, 491

492 MEDICINE AND PHARMACY. Pharmacy Acts Amendment Act. 8 E liz . II. No. 17, 1959. the operation of all or any of the provisions of subsection three and paragraph (a) of subsection four of this section in respect of the persons, or any of the persons, to whom the provisions of subsection three and paragraph (a) of subsection four of this section are expressed to apply. (6) On and from the date fixed by a Proclamation under paragraph (a) of this subsection and thereafter during the continuance in force of that Proclamation the provisions of subsection three and paragraph (a) of subsection four of this section or, if the Proclamation is expressed as to be limited to specified provisions only of subsection three and paragraph (a) of subsection four of this section, those provisions shall not apply to any person in respect of whom the application of the provisions of the said subsection three and the said paragraph (a) are expressed by the Proclamation to be suspended. (c) The Governor in Council may by a further Proclamation published in the Gazette revoke any Proclamation made under paragraph (a) of this subsection, but such a revocation shall not prejudice the power of the Governor in Council to again make, with respect to the subject matter of the revoked Proclamation or any part thereof, any further Proclamation under paragraph (a) of this subsection. The revocation of a Proclamation made under paragraph (a) of this subsection shall take effect on and from the date of the publication in the Gazette of the further Proclamation whereby it is revoked or, if a later date is specified in such further Proclamation, that later date, and the provisions of subsection three and paragraph (a) of subsection four of this section or, as the case may be, the provisions thereof specified in the revoked Proclamation shall, on and from the date of revocation, again apply to all persons the subject of the revoked Proclamation.”5 Amendment 5. Section sixteen of the Principal Act is amended of s. 16. by repealing the first paragraph thereof and inserting, in lieu of that repealed paragraph, the following paragraph:— “ A copy of the register as at the first day of January in each year shall be published by the Board in the Gazette .”