Pharmacy (Amendment) Act 1981 (ACT)

No. 51 of 1981

AN ORDINANCE

To amend the Pharmacy Ordinance 1931

I , T H E G O V E R N O R - G E N E R A L of the Commonwealth of Australia,

acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government

(Administration) Act 1 9 1 0 .

Dated this third day of December 1981.

Z E L M A N C O W E N

Governor-General

By His Excellency's Command,

M I C H A E L M A C K E L L A R

Minister of State for Health

P H A R M A C Y ( A M E N D M E N T ) O R D I N A N C E 1 9 8 1

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

Ordinance 1 9 8 1 . *

2. This Ordinance shall come into operation on such date as is fixed by the Minister of State for the Capital Territory by notice in the Gazette.

1977; N o . 46 , 1978; N o . 26. 1979; and N o . 50. 1980.

3. In this Ordinance, " Principal Ordinance " means the Pharmacy

Ordinance 1 9 3 1 . f

4. Section 5 of the Principal Ordinance is amended by omitting the definitions of " the Election Ordinance" and " the Court of Petty Sessions ".

5. Section 6 of the Principal Ordinance is amended by omitting sub-sections (2) and ( 3 ) .

• Notif ied in the Commonwealth of Australia Gazette o n 9 D e c e m b e r 1981.

t O r d i n a n c e N o . 10. 1931 as a m e n d e d by N o . 21. 1933; N o . 27. 1937; N o . 21. 1959; N o . 22. 1954; N o . 19. 1966;

N o . 18. 1967; N o . 37. 1970; N o . 18. 1971; N o . 4 4 , 1972; N o . 31, 1973; N o . 47 , 1974; N o s . 17 and 43 . 1975; N o . 65 .

6.    Section 7 of the Principal Ordinance is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

" (1 ) The Board shall consist of—

(a)	a Chairman, and 3 other members, appointed in accordance with the Health Professions Boards
(Procedures) Ordinance 1 9 8 1 ; and
(b)	3 members elected, as occasion requires, in accord­ ance with the Health Professions Boards (Elections)
Ordinance 1 9 8 0 . " ;

(b) by omitting sub-section (3) and substituting the following sub-section:

" (3) The Chairman shall be the executive officer of

the Board."; and

(c) by omitting sub-sections ( 5 ) , ( 6 ) , ( 7 ) , ( 8 ) and ( 9 ) .

7. Sections 8 to 1 6 (inclusive) and section 1 8 of the Principal

Ordinance are repealed.

8 . Section 26 of the Principal Ordinance is repealed.

9. Section 32 of the Principal Ordinance is amended by omitting

sub-sections (2) and ( 3 ) .

10. Section 33 of the Principal Ordinance is amended by omitting

from sub-section (1) all the words after " due inquiry ".

11. After section 33 of the Principal Ordinance the following section

is inserted:

" 33A. ( 1 ) Application may be made to the Tribunal for a review

of a decision of the Board—

(a) refusing to register, or to re-register, a person;
(b) removing the name of a person from the Register; or

(c) refusing to issue, or to renew, a permit under section 3 9 .

" (2 ) In this section, ' Tr ibunal ' means the Administrative Appeals

Tribunal established by the Administrative	Appeals	Tribunal	Act
1975.".

12. Sections 4 8 , 4 9 , 50 and 53 of the Principal Ordinance are

repealed.

13. Section 54 of the Principal Ordinance is amended by omitting

paragraph ( a ) .

14. ( 1 ) The person who was, immediately before the commence­ ment of this Ordinance, the Chairman of the Board continues to be the Chairman of the Board as if he had been appointed as the Chairman under the Principal Ordinance as amended by this Ordinance and holds office subject to the Health Professions Boards (Procedures) Ordinance

1981.

(2) The person who was, immediately before the commencement of this Ordinance, the Deputy Chairman of the Board continues to be the Deputy Chairman of the Board as if he had been elected as the Deputy Chairman under the Health Professions Boards (Procedures) Ordinance 1981 and holds office subject to that Ordinance.

(3 ) A person who was, immediately before the commencement of this Ordinance, a member of the Board continues, to be a member of the Board as if he had been appointed or elected as a member under the Principal Ordinance as amended by this Ordinance and holds office subject to the Health Professions Boards (Procedures) Ordinance 1981.

(4) An expression in this section that is defined in the Principal Ordinance as amended by this Ordinance has the same meaning for the purposes of this section as it has in the Principal Ordinance as so amended.