Pharmacy (Amendment) Act 1940 (NSW)
PHARMACY (AMENDMENT) ACL
Act No. 54, 1940.
make further provision for regulating the carrying on of the business of a pharma cist; to amend the Pharmacy Act, 1897, the Poisons Act, 1902, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 11th December, 1940.]
| **’ | ' |
BE
| Pharmrxy (Amendment) Act. | 475 |
| I 3 E it enacted by the King's Most Excellent Majesty, | ' |
| I f by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— |
1. (1) This Act may be cited as the “ Pharmacy short title
| (Amendment) Act, 1940.” | citation and com- |
| ( 2 ) | The Pharmacy Act, 1 8 9 7 , as amended by sub- menccment. |
sequent Acts, is in this Act referred to as the Principal
Act.
(3) The Principal Act, as amended by this Act, may be cited as the Pharmacy Act, 1897-1940.
(4) This Act shall commence on a date to bo appointed by the Governor and notified by proclamation published in the Gazette.
| 2. (1) The Principal Act is amended— | Aim-iuimcnt |
| ' | ofAfitNo. 7, |
| . | . | . |
| (a) by omitting paragraph (a) of section four; | scc. 4. |
| (b) by inserting after section four the following | New scc. 4a. |
new section;—■
| 4 a . ( 1 ) The | Governor | may | appoint | a Appointment |
registrar and such officers and employees as he
may deem necessary for the purposes of carrying employees,
out the provisions of this Act.
| (2) | The registrar and such officers and |
employees shall be appointed under and be subject to the provisions of the Public Service Act, 1902, as amended by subsequent Acts.
| (2) | (a) The registrar appointed under the Phar |
macy Act, 1 8 9 7 , and holding office immediately before the commencement of this Act, shall continue to hold such office in all respects as if he had been appointed under section 4 a of the Pharmacy Act, 1 8 9 7 , as inserted by paragraph (b) of subsection one of this section and shall be an officer within the meaning of the Public Service Act, 1 9 0 2 , as amended by subsequent Acts.
(b) All officers other than the registrar appointed under the Pharmacy Act, 1 8 9 7 , and holdiug office immediately before the commencement of this Act, shall, at such commencement, be deemed to have been appointed under section 4 a of the Pharmacy Act, 1 8 9 7 , as inserted by paragraph (b) of subsection one of this
section
476 Pharmacy (Amendment) Act.
| * | ‘ section and shall he employees within the meaning of the Public Service Act, 1902, as amended by subsequent Acts. |
Further amend
| ment of Act | 3. The Principal Act is further amended— |
| No. 7, 1897. |
| Substituted | (a) by omitting section eight and by inserting in |
| sec. 8. | lieu thereof the following section:— |
| Eoll fee. | 8. (1) Every registered pharmacist shall, before the thirty-first day of October in each year (which day is in this section referred to as the “ prescribed day” ) pay to the registrar a roll fee of such amount as may be prescribed for the year commencing on the first day of January next following the prescribed day. |
| cf. Act No. | |
| 10, 1934,8. 6. | |
| The fee so prescribed shall be not less than one pound nor more than two pounds. | |
| (2) Together with the roll fee, the registered pharmacist shall furnish particulars of his address for entry in the register. | |
| (3) If a registered pharmacist does not pay the roll fee referred to in subsection one of this section on or before the prescribed day in any year the Board shall forthwith notify him by registered letter addressed to him at the address appearing on the register, that if the fee be not paid before the thirty-first day of December next following the prescribed day his name will be removed from the register. | |
| If any registered pharmacist who has been so notified fails to pay such fee before the said thirty-first day of December the Board shall remove his name from the register. | |
| (4) If the name of any pharmacist is removed from the register under this section, the Board shall upon application in the prescribed form, restore his name to the register upon payment of such fees as are prescribed by regulations made under this Act. | |
| The regulations may provide for the waiver of such part of the fees as the Board may in a |
| , | particular case deem proper. |
| ' | (5) |
' ’y " .
| Pharmacy (Amendment) Act. | 477 |
No. 54, 1940.
| [ | (5) Whore the name of a pharmacist has been removed from the register, and until the name has been restored thereto, the pharmacist |
| _ | |
| , | shall be deemed to be a person not registered as as a pharmacist under this Act. |
| (6) This section shall apply to persons registered as pharmacists at the commencement of the Pharmacy (Amendment) Act, 1940, as well as to persons registered as pharmacists after such commencement. |
| (b) by inserting at the end of subparagraph (i) of paragraph (g) of section eleven the words “ or | Sec. 1). |
| ((Qualification |
■
for
| for a like period as an apprentice to a | registration.) |
| registered pharmacist in charge of a dispensary of a Friendly Society; or for a like period as an |
| ‘ | apprentice to a registered pharmacist who is also a managing director or general manager of a company where such apprenticeship is served in open shop kept by such company in |
| ! | ' | New South Wales for the purpose of dispensing and compounding medical prescriptions; or for a like period as an apprentice to a registered pharmacist in charge of a dispensary in an open shop kept by a company in New South Wales for the purposes of dispensing and compounding medicines” ; |
| (c) by inserting at the end of section seventeen the following words:— | Sec. 17. | ' |
| (Falsely pretending |
| “ A company carrying on the business of a | to be a |
| pharmacist in an open shop shall not be | pharmacist.) |
| guilty of an offence against this section merely on the ground that it describes itself in connection with the carrying on of such business as “ chemists” or as “ chemists and druggists” or as “ dispensing chemists.” |
4 . The Principal Act is further amended by inserting Further
| after section eighteen the following new sections:— | let |
| 7, 1897. | |
| Kew secs. | |
| I S a, 18b. |
| j I . . . T » j • n association | 1 8 a . ( 1 ) Except as provided in subsection two of company or |
| tnis section, no company, and no association oi per- ro t to carry | . | . | , | * | . | . | , | j | t | * | ^ | business. |
sons incorporated or unincorporated, not being a partnership, shall carry on the business of a
| [ | pharmacist in an open shop. | (2) |
478 Pharmacy (Amendment) Act.
| No. 54, 1940. |
(2) Subsection one of this section shall not operate to prohibit a company or a'ssociation which was, immediately before the prescribed date, carry ing on the business of a pharmacist in open shop, from continuing to carry on such business where the carrying on of the business is so continued—
| (a) | in the open shop in which it was being carried on immediately before the pre scribed date or, in lieu of that shop, in another open shop which is distant not more than five miles from the shop in which such business was being carried on immedi ately before the prescribed date; |
| (b) | without any alteration in the name under which the business was being carried on immediately before the prescribed date. |
For the purposes of this subsection the “ pre scribed date” shall be the twenty-seventh day of November, 1940.
(3) If any company or incorporated associa tion contravenes any provision of this section it shall be guilty of an offence against this Act and shall be liable to a penalty of not less than one hundred pounds and not exceeding two hundred pounds.
(4) If any unincorporated association con travenes any provision of this section the members of the board of management or other controlling authority thereof shall each be severally guilty of an offence against this Act, and shall bo liable to a penalty of not less than twenty pounds and not exceeding one hundred pounds.
(5) This section shall not operate to prevent any company or association of persons which has entered into possession of the business of a pharmacist under a bill of sale, from carrying on such business in open shop during a period not exceeding three months after the date upon which such company or association so entered into possession.
This subsection shall extend to and in respect of
any company or association which has so entered
into
| Pharmacy (Amendment) Act. | 479 |
No. 54, 1940.
into possession before the commencement of this Act, and in any such case the period of three months referred to in this subsection shall commence to run upon the date of such commencement.
| 1 8 b . (1) A person who, either alone or as a Person | , | n | ,, | • | i l l | - | 1101 to carry |
partner ot any other person, carries on the business on business
of a pharmacist in open shop shall not carry on in more thanone shop.
such business in more than one open shop.
(2) Subsection one of this section shall not operate to prohibit a person who, either alone or as a partner of any other person, was, immediately before the prescribed date, carrying on the business of a pharmacist in an open shop from continuing to carry on such business in an open shop in which it was being carried on immediately before the pre scribed date, or, in lieu of that shop, in another open shop which is distant not more than five miles from the sliop in which such business was being carried on immediately before the proscribed date.
For the purposes of this subsection the prescribed
date shall be the twenty-seventh dav of November,
| 1 9 4 0 . | “ | ' |
(3) Any person who contravenes any provi sion of this section shall bo guilty of an offence against this Act, and shall bo liable to a penalty of not less than twenty pounds and not exceeding one hundred pounds.
| 5. The Principal Act is further amended— | amendment |
| F'nrther |
| , | , | , | , | of Act No. |
| (a) | by omitting section twenty-one and by inserting 7. is97. in lieu thereof the following section:— |
21. (1) The foes and penalties payable under this Act or any regulation made thereunder shall be ])aid to the registrar.
(2) The amount of such fees and penalties shall be paid by the registrar to the Colonial Treasurer and shall be carried to the Consolidated Revenue Fund.
(3) The expenses of the Board in carry ing out the administration of this Act shall be paid out of monevs provided by Parliament.
| ‘ | ( b ) |
480 Pharmacy (Amendment) Act.
| No. 54, 1940. |
(b) by inserting after section two the following new
| New sec. 2a. | section:— |
| Additional | 2 a . ( 1 ) Upon a day to be appointed by the Governor (which day shall be not later than one month after the commencement of the Pharmacy (Amendment) Act, 1940), and notwithstanding anything contained in section one and section two of this Act, there shall be an additional member of the board wUo shall be appointed by the Governor upon the nomination of the Friendly Societies’ Association of New South |
| Board. | |
| member of |
| ; | Wales. |
| (2) The term of office of the member so (3) Upon the expiration of his term of office such member shall be eligible from time to time for re-appointment upon nomination as aforesaid. | |
| ' | appointed shall be three years. |
| (4) Where a vacancy occurs in the office of a member appointed under this section before the expiration of his term of office a member shall be appointed by the Governor on nomina tion as aforesaid to fill his place. | |
| (5) A member so appointed to fill any (6) Section two of this Act shall not apply to or in respect of a member appointed under this section. | |
| ' | such vacancy shall hold office for the residue of his predecessor’s term. |
| (7) The alteration in the number of members of the boa'rd effected by this section shall not prejudice or affect the continuity of the body corporate constituted under section one of this Act. |
| Sec. 3. | (e) by omitting from section three the word “ three” |
| (Quorum.) | and by inserting in lieu thereof the word “ five.” |
| Amendment of | 6 . The Poisons Act, 1902, is amended by inserting |
| Act No. 65, |
1902. after section fifteen the following new section:—
| New sec. 16. |
| Application | 16. (1) The fees and penalties payable under this |
| of fees and |
| penalties. | Act or any regulations made thereunder shall be paid to the registrar of the Pharmacy Board. |
(2)
Social Services Tax (Further Provisions) Act.
Ho. 54, 1940.
(2) The amount of such fees and penalties shall be paid by the registrar to the Colonial Trea surer alid shall be carried to the Consolidated Revenue Fund.
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