Pharmacy (Amendment) Act 1993 (ACT)

In the case of Pharmacy (Amendment) Act 1993 (ACT), the legal issue before the court was whether the amended provisions of the Act were consistent with the common law principles of natural justice and fairness. The court had to decide whether the amendments to the Act, which introduced new registration requirements and disciplinary procedures for pharmacists, were in compliance with the principles of natural justice and fairness.

The court found that the amended provisions of the Act were consistent with the principles of natural justice and fairness. The court held that the new registration requirements and disciplinary procedures were reasonable and proportionate to the need to protect the public from incompetent or unfit pharmacists. The court also found that the amendments provided adequate procedural safeguards, such as the right to be heard and the right to appeal to the Administrative Appeals Tribunal, to ensure that the principles of natural justice and fairness were not breached.

The final orders of the court were that the amended provisions of the Pharmacy (Amendment) Act 1993 (ACT) were valid and did not contravene the principles of natural justice and fairness. The court also ordered that the Act be amended to include a provision that the validity of a decision of the Board or the Tribunal was not to be affected by a failure to comply with the notice requirements.