Pharmacy Amendment Act 2001 (ACT)

Pharmacy Amendment Act 2001

2001 No 84

Contents

Page

Name of Act 2
Commencement 2
Act amended 2
InterpretationSection 2 (1), new definitions of company, director, employee member, executive officer, incorporated pharmacist and member 2
Section 2 (1), definition of member 3
Section 2 (4) 3
Section 2 (4) (c) 3
New section 2 (4) (d) 3
Competence to practise pharmacy
Section 3 4
Section 3 4
Impairment
Section 4 (1) 4
Section 4 (1) 4
Section 4 (1) 5
Constitution of Board
Section 6 (2) 5
Registration based on qualifications and training
Section 9, heading 5
Section 9 (1) 6
Section 9 (1) 6
New section 9A 6
Registration at discretion of Board
Section 11 8
Section 11 8
Section 11 (3) (a) 8
Interim registration
Section 12 (1) (a) 8
Section 12 (1) (b) 9
Section 12 (3) (a) 9
Section 12 (3) (b) 9
Section 12 (6) 9
Conditions of registration in cases of impairment
Section 13 10
Section 13 10
Refusal of registration where applicant convicted of offence
Section 14, heading 10
Section 14 (1) (a) 10
Refusal of registration where applicant deregistered outside Territory
Section 15, heading 11
Section 15 (1) 11
Applicants to be competent and of good character
Section 16 (1) 11
Section 20 12
Particulars to be entered in Register
Section 24 (b) 12
New section 24 (ba) 12
Section 24 (c) 13
Section 24 13
Deregistration on basis of disciplinary action under foreign law
Section 25 (1) (a) and (b) and (3) (a) and (b) 13
Cessation of registration
Section 27 (a) 14
Annual registration fee
Section 28 (2) and (3) 14
Registration to be cancelled for non-payment
Section 29 (1) 14
Section 29 (1) 14
Entitlement to re-registration on payment of fees
Section 30 (2) 15
Section 30 (3) 15
New division 3.4A 15
Certificate of registration
Section 31 (1) 17
Section 31 (1A) 17
Section 31 (4), (6) and (7) 18
Change of address to be notified
Section 32 (b) 18
Alteration of Register
Section 33 (1) (b) 18
Publication of names etc of registered pharmacists
Section 34 (1) 18
Cancellation or suspension of registration
Section 35 (d) 19
Section 35 (e) 19
Section 35 (f) 19
Section 35 (f) 19
Section 35 (g) 20
Section 35 (n) 20
Power of Board to caution, reprimand etc.
Section 38 (1) (b) 20
New section 38 (1) (ba) 20
Section 38 (d) 21
Section 38 (1) (e) 21
Section 38 (1) (e) 21
New section 38 (1) (f) 21
Section 38 (2) 22
Power of Board to impose fines
Section 39 (1) 22
New section 39 (5) and (6) 22
Application for re-registration
Section 40 (1) 22
Section 40 23
Persons other than registered pharmacists not to practise
Section 42, heading 23
Section 42 (1) 23
Section 42 (1) 23
Record of prescriptions
Section 47 24
Conduct of business by pharmacist
Section 48 24
Section 48 24
New section 48A 24
Review of decisions
Section 54 (f) 25
New sections 59 and 59A 25

Pharmacy Amendment Act 2001

2001 No 84

An Act to amend the Pharmacy Act 1931

Notified under the Legislation Act 2001 on 24 September 2001

(see Legislative Assembly for the Australian Capital Territory enacts as follows:

Name of Act
This Act is the Pharmacy Amendment Act 2001.
Commencement
This Act commences on a day fixed by the Minister by notice in the Gazette.
Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act 2001, s 75).
Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act 2001, s 77 (1)).
Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act 2001, s 79).
Act amended
This Act amends the Pharmacy Act 1931.
Interpretation
Section 2 (1), new definitions of company, director, employee member, executive officer, incorporated pharmacist and member
insert
company means a company registered under the Corporations Act.
director—see the Corporations Act, section 9 (Dictionary).
employee member, of a company, means a registered pharmacist who is a member and employee of the company, but is not a director of the company.
executive officer, of a company, means a person, by whatever name called and whether or not the person is a director of the company, who is concerned with, or takes part in, the company’s management.
incorporated pharmacist means a company registered as a pharmacist under this Act.
member, of a company—see the Corporations Act, section 231 (Membership of a company).
Section 2 (1), definition of member
omit
Section 2 (4)
omit
a person shall be deemed
substitute
an individual is taken
Section 2 (4) (c)
omit
firm.
substitute
firm; or
New section 2 (4) (d)
insert
(d)the person practises pharmacy as a director of an incorporated pharmacist.
Competence to practise pharmacy
Section 3
omit
a person shall be
substitute
an individual is
Section 3
omit
the person
substitute
the individual
Impairment
Section 4 (1)
omit
a person shall be
substitute
an individual is
Section 4 (1)
omit
the person
substitute
the individual
Section 4 (1)
omit
the person’s
substitute
the individual’s
Constitution of Board
Section 6 (2)
substitute
A person is eligible for appointment as a member of the board only if the person—
(a)is an individual; and
(b)is a registered pharmacist; and
(c)at all times during the 3 years immediately before the appointment was entitled to practise as a pharmacist under this Act or in a State.
NoteState includes the Northern Territory (see Legislation Act 2001, dict pt 1, def of State).
Registration based on qualifications and training
Section 9, heading
substitute
Registration for individuals based on qualifications and training
Section 9 (1)
omit
A person
substitute
An individual
Section 9 (1)
omit
the person
substitute
the individual
New section 9A
insert

9AEligibility of companies for registration

A company is eligible for registration as a pharmacist if—
(a)its name has been approved by the board; and
(b)it has a constitution; and
(c)the constitution provides that the only object of the company is to carry on the business of pharmacist and any other business commonly associated with the practice of pharmacy; and
(d)the constitution provides that only an individual who is a registered pharmacist may be a director; and
(e)the constitution provides that a director may not also be a director of another incorporated pharmacist without the consent of the board; and
(f)the constitution makes provision for ensuring that at all times each share in the company is beneficially owned by—
(i)a registered pharmacist who is a director or employee of the company; or
(ii)a specified relative of a person mentioned in subparagraph (i); and
(g)the constitution provides that all voting rights exercisable at a general meeting are exercisable only by or on behalf of registered pharmacists who are directors or employees of the company; and
(h)if the company intends to carry on business as a trustee—
(i)the constitution provides that the company may be a party to a trust deed that relates to its business only if the deed provides that all beneficiaries are to be registered pharmacists who are directors or employees of the company or specified relatives of such pharmacists; and
(ii)the proposed trust deed has been approved by the board; and
(i)the constitution is appropriate to a company formed to carry on the business of pharmacist and any other business commonly associated with the practice of pharmacy.
In this section:
specified relative means a spouse, parent, child, grandchild or de facto spouse.
Registration at discretion of Board
Section 11
omit (other than in section 11 (3) (a))
a person
substitute
an individual
Section 11
omit
the person
substitute
the individual
Section 11 (3) (a)
omit
a person
substitute
the individual
Interim registration
Section 12 (1) (a)
after
section 9
insert
or 9A
Section 12 (1) (b)
after
person
insert
is an individual and
Section 12 (3) (a)
omit
him or her
substitute
the person
Section 12 (3) (b)
omit
his or her
substitute
the person’s
Section 12 (6)
omit
he or she
substitute
the person
Conditions of registration in cases of impairment
Section 13
omit
a person’s
substitute
an individual’s
Section 13
omit
the person
substitute
the individual
Refusal of registration where applicant convicted of offence
Section 14, heading
substitute
Refusal of registration in case of conviction
Section 14 (1) (a)
omit
the applicant
insert
the applicant or, if the applicant is a company, a director or employee member of the company,
Refusal of registration where applicant deregistered outside Territory
Section 15, heading
substitute
Refusal of registration where applicant deregistered outside ACT
Section 15 (1)
substitute
The board may refuse an application for registration—
(a)if the applicant is an individual—if the applicant’s name has been removed from a foreign pharmacy register for any reason relating to—
(i)the conduct of the applicant as a pharmacist; or
(ii)the physical or mental capacity of the applicant to practise pharmacy; or
(b)if the applicant is a company—if the name of a person who is a director or employee member of the company has been removed from a foreign pharmacy register for any reason relating to—
(i)the conduct of the person as a pharmacist; or
(ii)the physical or mental capacity of the person to practise pharmacy.
Applicants to be competent and of good character
Section 16 (1)
substitute
The board must not register a person as a pharmacist unless it is satisfied that—
(a)if the person is an individual—the person is competent to practise pharmacy and is of good character; or
(b)if the person is a company—each director and employee member of the company is competent to practise pharmacy and is of good character.
Section 20
substitute
Registration of applicants
The board must, subject to this Act, register an applicant who applies for registration under this Act if the applicant—
(a)complies with this Act; and
(b)complies with a request of the board to appear before the board in support of the application; and
(c)is entitled to be registered.
A person requested to appear before the board must appear—
(a)if the applicant is an individual—personally; or
(b)if the applicant is a company—by a director of the company.
Particulars to be entered in Register
Section 24 (b)
omit
the person’s
substitute
for an individual—the person’s
New section 24 (ba)
insert
(ba)for a company—
(i)if its registered office is in the ACT—the address of the registered office; or
(ii)if its registered office is outside the ACT—the address of its principal place of business in the ACT; and
Section 24 (c)
omit
particulars
substitute
for an individual—particulars
Section 24
renumber paragraphs when Act next republished under Legislation Act 2001
Deregistration on basis of disciplinary action under foreign law
Section 25 (1) (a) and (b) and (3) (a) and (b)
substitute
(a)if the person is an individual—
(i)the conduct of the person as a pharmacist; or
(ii)the physical or mental capacity of the person to practise pharmacy; or
(b)if the person is an incorporated pharmacist—
(i)the conduct of a director or employee member of the company as a pharmacist; or
(ii)the physical or mental capacity of a director or employee member of the company to practise pharmacy;
Cessation of registration
Section 27 (a)
omit
his or her
substitute
the person’s
Annual registration fee
Section 28 (2) and (3)
omit
him or her
substitute
the pharmacist
Registration to be cancelled for non-payment
Section 29 (1)
omit
him or her
substitute
the pharmacist
Section 29 (1)
omit
his or her
substitute
the pharmacist’s
Entitlement to re-registration on payment of fees
Section 30 (2)
omit everything after
before the
substitute
cancellation of the registration.
Section 30 (3)
substitute
The board may refuse to re-register a person under this section if it is satisfied that—
(a)if the person is an individual—the person is not competent to practise pharmacy or is not of good character; or
(b)if the person is a company—a director or employee member of the company is not competent to practise pharmacy or is not of good character.
New division 3.4A
insert

Division 3.4A Special obligations of companies
30AFailure to comply with constitution

If an incorporated pharmacist fails to comply with a provision of its constitution that, under section 9A (1) (c) to (h), is required to be in the constitution as a condition of eligibility for registration, the pharmacist must report the failure to the board in writing within 14 days after the day that the failure happens.
Maximum penalty: 20 penalty units.
If the board receives a report under subsection (1) from an incorporated pharmacist, the board may give the pharmacist a written direction to comply with the relevant provision of its constitution within a time stated in the direction.
The direction must state that, if the provision is not complied with within the time stated, the registration of the pharmacist will be automatically suspended.
If an incorporated pharmacist does not comply with a direction under subsection (2), the pharmacist’s registration is automatically suspended at the end of the time stated in the direction.
A suspension under subsection (4) remains in force until the board tells the pharmacist in writing that it is satisfied that the direction has been complied with.

30BAlteration to constitution or name

An incorporated pharmacist that changes its name without the approval of the board ceases to be a registered pharmacist.
An incorporated pharmacist that changes its constitution without the approval of the board ceases to be a registered pharmacist.

30CCompanies not to practise in partnership
An incorporated pharmacist that practices in partnership with another person without the approval of the board ceases to be a registered pharmacist.
30DReturns by companies

If the membership of an incorporated pharmacist or the membership of the board of directors of an incorporated pharmacist changes, the pharmacist must give written notice of the change to the board within 1 month after the day the change happens.
Maximum penalty: 20 penalty units.
NoteIf a form is approved under s 57A (Approved forms) for a notice, the form must be used.
On or before 31 July in each year, an incorporated pharmacist must give the board a written return.
Maximum penalty: 20 penalty units.
NoteIf a form is approved under s 57A (Approved forms) for a return, the form must be used.
Certificate of registration
Section 31 (1)
omit
him or her
substitute
the person
Section 31 (1A)
omit
his or her
substitute
the person’s
Section 31 (4), (6) and (7)
omit
his or her
substitute
the person’s
Change of address to be notified
Section 32 (b)
substitute
(b)a registered pharmacist who is an individual establishes a professional address, or an additional professional address, in the ACT; or
(c)an incorporated pharmacist establishes a registered office in the ACT;
Alteration of Register
Section 33 (1) (b)
substitute
(b)an incorporated pharmacist that has been wound up or deregistered as a company; or
(c)a registered pharmacist whose registration has been cancelled.
Publication of names etc of registered pharmacists
Section 34 (1)
omit
professional
Cancellation or suspension of registration
Section 35 (d)
omit
the pharmaceutical
substitute
if the person is an individual—the pharmaceutical
Section 35 (e)
omit
his or her
substitute
the person’s
Section 35 (f)
omit
the person
substitute
the person or, if the person is a company, a director or employee member of the company,
Section 35 (f)
omit
him or her
substitute
the person
Section 35 (g)
omit
the person
substitute
if the person is an individual—the person
Section 35 (n)
substitute
(n)if the person is an individual—the person is not competent to practise pharmacy; or
(o)if the person is a company—a director or employee member of the company is not competent to practise pharmacy; or
(p)if the person is a company—the company is placed in liquidation.
Power of Board to caution, reprimand etc.
Section 38 (1) (b)
omit
order
substitute
if the pharmacist is an individual—order
New section 38 (1) (ba)
insert
(ba)if the pharmacist is a company—order that a director or employee member of the company seek and undergo medical or psychiatric treatment or counselling;
Section 38 (d)
omit
his or her
substitute
the pharmacist’s
Section 38 (1) (e)
omit
order
substitute
if the pharmacist is an individual—order
Section 38 (1) (e)
omit
courses.
substitute
courses;
New section 38 (1) (f)
insert
(f)if the pharmacist is a company—order that a director or employee member of the company complete specified educational courses.
Section 38 (2)
omit
Paragraph (1) (e)
substitute
Subsection (1) (e) and (f)
Power of Board to impose fines
Section 39 (1)
omit
him or her a fine not exceeding $1,000
substitute
the person a fine not more than $2 000
New section 39 (5) and (6)
insert
The payment of a fine imposed on a company is enforceable against every person who was a director when the fine was imposed.
If a fine imposed on a company is not paid in the time stated in the order by which the fine was imposed, the board may take the same action against every person who was a director when the fine was imposed as it takes against the company under subsection (4).
Application for re-registration
Section 40 (1)
omit
he or she
substitute
the person
Section 40
omit
his or her
substitute
the person’s
Persons other than registered pharmacists not to practise
Section 42, heading
substitute
People other than registered pharmacists not to carry on business of pharmacist etc
Section 42 (1)
omit
he or she
substitute
the person
Section 42 (1)
omit
or is qualified
substitute
or (if the pharmacist is an individual) is qualified
Record of prescriptions
Section 47
omit
him or her
substitute
the pharmacist
Conduct of business by pharmacist
Section 48
omit
pharmacist shall
substitute
registered pharmacist who is an individual must
Section 48
omit
registered pharmacist
substitute
registered pharmacist who is an individual
New section 48A
insert

48ABusiness of incorporated pharmacists
The business of an incorporated pharmacist must be carried on under the actual personal supervision of—
(a)a director of the incorporated pharmacist; or
(b)an employee member of the incorporated pharmacist; or
(c)another registered pharmacist who is an individual and is employed or engaged by the incorporated pharmacist.

Review of decisions
Section 54 (f)
omit
subsection 25 (4) or 30 (4) or section 40
substitute
section 25 (4), 30 (3) or 40
New sections 59 and 59A
insert
Offences by companies
If a company contravenes, whether by an act or omission, a provision of this Act, each person who is an executive officer of the company is taken to have contravened the provision if the person knowingly authorised or allowed the contravention.
For subsection (1), an executive officer of the company may be prosecuted for, and convicted of, the offence whether or not the company has been prosecuted for, or convicted of, the offence.
This section does not affect any liability imposed on a company for an offence committed by the company against this Act.

59AActs and omissions of representatives

In this section:
representative, of a person, means—
(a)if the person is an individual—an employee or agent of the person; or
(b)if the person is a company—an employee, agent or executive officer of the person.
state of mind, of a person, includes—
(a)the person’s knowledge, intention, opinion, belief or purpose; and
(b)the person’s reasons for the intention, opinion, belief or purpose.
An act done or omitted to be done on behalf of a person by a representative of the person is also taken to have been done or omitted to be done by the person if the representative was acting within the scope of the representative’s actual or apparent authority.

However, subsection (2) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
(a)the act was done or omission was made by a representative of the person within the scope of the representative’s actual or apparent authority; and
(b)the representative had the state of mind.
An individual who is convicted of an offence cannot be punished by imprisonment for the offence if the individual would not have been convicted of the offence without subsection (2) or (4).

Endnotes
Act amended

Republished as in force on 28 February 1995. See also Acts 1998 No 54 and 2001 No 44.

Penalty units

The Legislation Act 2001, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[Presentation speech made in Assembly on 8 August 2001]

I certify that the above is a true copy of the Pharmacy Amendment Bill 2001 which was passed by the Legislative Assembly on 29 August 2001.
M J McRae
Clerk of the Legislative Assembly