Pharmacy and Poisons Act Amendment Act 1937 (WA)

No. 51.] Pharmacy and Poisons. [1937.

PHARMACY AND POISONS.

1.° AND 2° GEO. VI., No. LI.

No. 51 of 1937.

AN ACT to amend the Pharmacy and Poisons Act, 1910.

[Assented to 18th Jam ary,1938.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

This Act may be cited as the Pharmacy and Poisons Act Amendment Act, 1937, and shall be read as one with the Pharmacy and Poisons Act, 1910 (as contained in Appendix B to the Pharmacy and Poisons Compilation Act, 1910, No. 7 of 1910), hereinafter referred to as the principal Act.

short tie 1.

Amendment	2.	Section three of the principal Act is amended as
of s. 3.

follows:—

(a) by inserting before the definition of "Council"

definitions as follow:

Fed. Ty. Ord	"Automatic machine" means any machine or mechanical device used or capable of being used for the purpose of selling or supplying goods without the personal
No. 10 of
1931. s. 44.

1937.] Pharmacy and Poisons. [No. 51.

manipulation or attention of the seller or supplier or his employee or other agent at the time of the sale or supply.

"Company" means any company registered under the provisions of the Companies Act, 1893, or any Act amending the same;

(b) by inserting after the definition of "Regulations"

a definition as follows

"Sale" includes exposing or offering for sale or having in possession for sale and also delivery, whether with or without consideration, in any shop or store or premises appurtenant thereto by the keeper thereof or by his servant or agent; and the verb "to sell" has a cor- responding meaning;

(c) by inserting at the end of the section a definition "Wholesale dealing" means— as follows

See Victoria

No. 3918 of

s. 2.

(a) sale or supply by wholesale dealers 130,

in the ordinary course of wholesale deal- ing to persons licensed or specifically authorised by this Act or the Regula- tions thereunder, or by any other Act or regulations, to he in possession of or to sell or supply poisons or poisonous sub- stances or preparations or narcotic or dangerous drugs or potent drugs or other substances or preparations to which this Act applies; and

(b) sale or supply by wholesale dealers or other dealers of the several articles mentioned in paragraph (a) hereof to any persons, other than those persons mentioned in the said paragraph when the said articles are sold or sup- plied in wholesale quantities in the ordinary course of wholesale dealing for use in connection with any profession, business, trade, or industry, or any pub- lic institution to which the Governor by

No. 51.] Pharmacy and Poisons. [1937.

proclamation shall declare this para- graph to apply and not intended for resale or supply retail.

New section. 3. A section is inserted in the principal Act after sec-

tion five, as follows :—

Council a 5A. (1.) The Council, under the style aforesaid,

body corpor-

ate.	shall be a body corporate, with perpetual succession,
Power of
Council in	and a common seal, and shall be capable of suing and
relation to
land.	being sued in its corporate name, and of acquiring, holding, and disposing of real and personal property.
(2.) The Council shall be deemed to have the powers of an institution within the meaning of the Public Institutions and Friendly Societies Lands Im- provement Act, 1892, and may exercise in respect of lands vested in the Council such powers as are there- by given to institutions :
Provided that the portions of the said Act requir- ing the concurrence of three-fourths of the members of an institution shall for the purposes of this Act be deemed to be eliminated.
(3) The Council shall also have power, subject to subsection (5) hereof, to sell, lease, or exchange any lands vested in it, and to pay or receive money by way of equality of exchange.
(4.) The powers of selling, exchanging, mortgag- ing, or leasing lands which are conferred upon the Council by this Act shall extend to land held in trust for any special purpose, notwithstanding the terms of the trust ; but the proceeds of any such sale, and the land or money obtained by any such exchange, shall be subject to the like trusts, so far as may be, as the land so disposed of.
(5.) No power conferred by subsections (2), (3), or (4) of this section shall be exercised by the Coun- cil without the consent of the Governor.

New sections. 4. Sections are inserted in the principal Act after sec-

tion fourteen, as follows :—

License to	14A. (1.) No pharmaceutical chemist shall
practise as a

pharmaceo-	practise or carry on business as a pharmaceutical
Neal chemist.
chemist, or either as agent, employee, or otherwise

1937.] Pharmacy cand Poisons. [No. 51,

be engaged with any other person in the practice or business of a pharmaceutical chemist, except under the authority of a license from the Council as pre- scribed by the regulations.

Penalty Fifty pounds.

(2.)

An application for a license under this section shall be made in the prescribed manner, and shall. be accompanied by the prescribed fee, which shall not exceed twenty-one shillings, and every license under this section shall be in the prescribed form.

(3.) An applicant whose application is refused by the Council may appeal against such refusal. Such appeal shall be made in the prescribed manner to the Governor, who may by order in council direct the Council to grant the license applied for.

(4.)

Every license issued under this section shall, unless cancelled, remain in force until the thirtieth day of June next ensuing after the date of the issue thereof.

(5.) Any registered pharmaceutical chemist con- victed of an offence under subsection (1) hereof shall be liable, at the discretion of the Council, to have his name erased from the register -for such period and subject to such conditions as the Council may determine.

Provided that an appeal may be made in the pre- scribed manner to the Governor against the deci- sion of the Council, and the Governor, on such appeal, may affirm, set aside, or vary the decision appealed against.

14B. No pharmaceutical chemist, whether hold- ?herniate not

mg a license under section fourteen A of this Act businessinn more or not, shall practice or carry on business as a phar- of

maceutical chemist or druggist or either as agent, currently.

employee, or otherwise be engaged with any other

person in such practice or business in more than

two places of business concurrently.

Penalty: Fifty pounds.

Amendment

5. Section seventeen of the principal Act is amended of a. 17.

by adding thereto subsections as follows :—

(2) When the name of a pharmaceutical chemist

has been erased from the register as provided for

No. 51.] Pharmacy and Poisons. [1937.

in subsection (1) hereof, any license issued to him under section fourteen A of this Act shall be deemed to be thereby cancelled.

(3.) Provided that the Council may at any time after the name of a pharmaceutical chemist has been erased from the register as aforesaid, sub- ject to the regulations and upon payment of the prescribed fee, reinstate the name of such pharma- ceutical chemist in the register, and thereupon the license under section fourteen A aforesaid, deemed to have been cancelled by virtue of subsection (2) hereof, shall again become of full force and effect, unless it shall have expired by effluxion of time.

Amendment

of s. 22. 6. Section twenty-two of the principal Act is amended by adding thereto a further proviso, as fol- lows:—

Provided also that the Governor, on the recom- mendation of the Council, may by proclamation do all or any of the following things, namely :—

(a) remove the name of any article from either Part I. or Part II. of the Fifth Schedule to this Act;

(b) remove the name of any article from Part I. of the said Fifth Schedule and add the name of such article to Part II. of such Schedule;

(c)	remove the name of any article from Part II. of the said Fifth Schedule and add the name of such article to Part of such Schedule; and
(d)	amend by adding to, taking away from, vary- ing or modifying any of the items contained in the Ninth Schedule to this Act.

Amendment 7. Section twenty-three of the principal Act is

of e. 23.	amended by inserting after the word "Schedule" in line three, the words "or is exempted by section thirty-five of this Act."
Amendment	8. Section twenty-four of the principal Act is amended by inserting after the word "Chemist" where it appears in lines two and three, the words "who holds a license under section fourteen A of this Act."
of A 24.

1937.] Pharmacy and Poisons. [No. 51.

9. Section twenty-five of the principal Act is amended	of s. 25.
Amendment

by adding thereto a proviso as follows:

Provided that production of the said certificate shall not be necessary in the case of a pharmaceutical chemist who holds a license under section fourteen A of this Act.

10. Sections are inserted in the principal Act after New sections.

section twenty-five as follows:

License to

25A.

No such license shall be issued to a company or friendly society, although such company or

sell poison not to be

issued in name of a

friendly society is lawfully carrying on business as

company or

friendly

a pharmaceutical chemist ; but such license may be

society.

issued to any pharmaceutical chemist entitled thereto

for Es own use, who is bona fide employed by or

engaged with such company or friendly society in the business of a pharmaceutical chemist and may be used by him for the benefit of such company or friendly society.

Provided that, where any such license is used by a pharmaceutical chemist for the benefit of any company or friendly society as aforesaid, such com- pany or friendly society, and the manager or other officers thereof respectively and the said pharma- ceutical chemist, shall be jointly and severally liable in respect of any offence under this Act com- mitted by any servant or other agent of such com- pany or friendly society in relation to the sale or possession of poisons.

Application

(1.) Every application for a license to sell poison under this Act shall be made in the manner	for license to
sell poison.
prescribed by regulations; and subject to this Act and the regulations a license may be issued by the Council to the applicant upon payment of the pre- scribed fee.
(2.) Every license to sell poison issued under this section shall, unless cancelled, remain in force until the thirtieth day of June next ensuing after the date of the issue of the license.
Amendment

25B.

11. Section twenty-six of the principal Act is of a. 25.

amended by inserting in paragraph (b) after the word "kept" in line six of the said paragraph, the words "at the place of business of the licensee."

No. 51.] Pharmacy and Poisons. [1937.

Amendment

of s. 29. 12.

Section twenty-nine of the principal Act is amended by adding thereto a proviso as follows :-

Provided that in the case of patent and pro- prietary medicines, it will be sufficient if the name and address of the vendor and the word "poison" appear on the outer wrapper in which the imme- diate container of such patent or proprietary medicine is contained When such immediate con- tainer has the word "poison" conspicuously printed thereon and is wrapped in an original wrap- per as well as the outer wrapper.

New section. 13. A section is inserted in the principal Act after

section thirty-one, as follows:-

Prohibition

against sale	31A. No person shall
of poison or

the hawking	(a) sell; or
or peddling
of poison in	(b) hawk or peddle or distribute or cause to he
a street or

public place	distributed as a sample
or from house

to house.	any poison, narcotic drug or poisonous substance
cf. Fed. Ord.
No. 37 of	in any street or public place or from house to
1933, P. 5.	house.

Penalty : Fifty pounds.

Amendment

14. Section thirty-two of the principal Act is

amended by deleting paragraph (a) of subsection (1)

and inserting in lien thereof a paragraph as follows :—

(a) sells, hawks, peddles, or distributes, or causes

to be distributed any poison, narcotic, drug, or

poisonous substance contrary to the provisions of

of e. 32.

this Act; or

Amendment

of s. 34. 15. Section thirty-four of the principal Act is

amended by adding thereto a subsection, as follows :—

(2.) Where a pharmaceutical chemist holds a

license under section fourteen A and also a license

to sell poison under this Act, and the former license

is cancelled as provided for in this Act, then the

license to sell poison shall also be deemed to be can-

celled during such period as the said license under

section fourteen A aforesaid remains cancelled.

Amendment

of s. 35. 16. Section thirty-five of the principal Act is repealed

and a section is inserted in lieu thereof, as follows:-

Act not to

extend to	35. Subject to the provisions of this section this
certain sales

of poisons. Act shall not extend to any person, firm, or company

1937. ] Pharmacy and Poisons. [No. 51.

engaged in wholesale dealing in any poison specified in the Fifth Schedule to this Act, or to the sale of any poison when made up or compounded in a medicine by a duly qualified medical practitioner for patients under his care, or by a pharmaceutical chemist carry- ing on business as a chemist or druggist, or to any medicine compounded according to the prescription of a duly qualified medical practitioner, or in the form of homoeopathic medicine, unless in the crude state or mother tincture, nor to the sale of patent or proprietary medicines when sold by pharmaceutical chemists or other licensed persons, nor to the sale of medicines dispensed by veterinary surgeons for animals under their treatment; nor shall it extend to the sale in the ordinary course of wholesale dealing by any person, firm, or company engaged in whole- sale dealing in any of the poisonous substances or preparations specified in the Ninth Schedule to this Act, if an order in writing signed by the purchaser is given for the supply of the same and the bottle or other vessel, wrapper, or cover, box, or case im- mediately containing the poison or poisonous sub- stance or preparation bears thereon the word "Poison" or "Poisonous substance;" as the case may be, and section twenty-nine of flits Act is in all respects duly complied with in relation to such sales.

Provided that any medicine for external applica- tion containing any poison shall not be sold, except in the prescribed type of container, and unless the container bears the word "Poison" printed con- spicuously thereon, together with the name and address of the vendor.

17. Sections are inserted in the principal Act after New sect's

section thirty-five, as follows:-

35A. (1.) Except as provided by section one hum 08. ea rl

dyed and twenty-six of the Vermin Act, 1918, no per- l'assoircess

son other than a person holding . a license to sell lirstaw

poison or otherwise authorised by this Act to sell NZ , p`°-

poison without holding such a license shall sell or offer or expose for sale any of the poisonous sub- stances or preparations specified in the Ninth Schedule to this Act, unless he holds from the Council a license to do so as prescribed by the regu- lations.

Penalty: Fifty pounds.

No. 51.] Pharmacy and Poisons. [1937.

Any person may apply to the Council in the prescribed manner for the issue to him of a license under this section, but shall lodge with his applica- tion a certificate from a duly qualified medical prac- titioner and a certificate from a stipendiary or resi- dent magistrate, or, where there is no such magis- trate available within five miles of the place of resi- dence of the applicant, a certificate from a justice of the peace that the applicant is a fit and proper person to hold such license.

(2.)

The Council may issue a license in the pre- scribed form to sell the poisonous substances or pre- parations specified in the Ninth Schedule aforesaid to any applicant who complies with the require- ments of subsection (2) hereof, upon payment of the fee of five shillings ; and such license shall be held by the applicant in all respects subject to the regu- lations.

(3.)

Every license issued under this section shall, unless cancelled or suspended, remain in force until the thirtieth day of June next ensuing after the date of the issue thereof.

(4.)

(5.) If any person holding a license under this section is convicted of any offence, or by reason of habitual drunkeimess or for any other reason is in the opinion of the Council unfit to hold such license, the Council may cancel such license, either absolutely or upon such conditions as it may determine, or may suspend such license for the whole or any portion of the unexpired period of the license, as the Council may determine.

Provided that the licensee may appeal in accord- ance with the regulations to the Governor against the decision of the Council, and the Governor may affirm, set aside, or vary the decision appealed against.

Provided also, that during such time as a license

is suspended as aforesaid, it shall be wholly inopera-

Sales of

drugs and	tive as a license.
medicines by
means of

automatic	35B. Any person who-
machines pro

hibited.	(a) instals any automatic machine for the sale
Fed. Ty. Ord

No. 10 of or supply of any drug or medicine or

1931, s. 44.

1937.] Pharmacy and Poisons. [No. 51.

poison, or permits any such automatic

machine to be so installed; or

(h) sells or supplies any drug or medicine or poison by means of any automatic machine; or

(c) permits or suffers any person to purchase or be supplied with or otherwise obtain any drug or medicine or poison by means of any automatic machine

shall be guilty of an offence.

Penalty : Ten pounds.

18. Section thirty-six of the principal Act is amended, 0Afm esn dusty t

as follows :-

(a) by deleting paragraph (b) of the first subsection, and inserting in lieu thereof a paragraph as follows :—

(b) a company or a friendly society regis- tered under the Friendly Societies Act, 1894- 1923, and respectively engaged in carrying on the business of a chemist and druggist or of a pharmaceutical chemist by and under the imme- diate supervision of a licensed pharmaceutical chemist, provided that such company or friendly society does not employ in the dispens- ing of medicines more than three persons who are not pharmaceutical chemists to every phar- maceutical chemist who is so employed; or

(b) by adding at the end of the first subsection a pro- viso as follows :—

Provided that-

(i) nothing in this section contained shall ex- tend to or be deemed to give any right to a com- pany to carry on such business other than a company now registered and carrying on such business under the immediate personal supervi- sion of a pharmaceutical chemist, and, save as aforesaid, it shall not be lawful for any company or association of persons,not being licensed phar- maceutical chemists, to carry on or assist in the carrying on of such business aforesaid, or to assume or use or exhibit any title, direction, or

No. 51.] Pharmacy and Poisons. [1937.

sign which can be considered to mean that such company or association of persons is or are carrying on any such business as aforesaid, or that any of such persons is or are qualified as a pharmaceutical chemist; and

every company now carrying on business as aforesaid under the authority of this Act shall be and is hereby limited to the carrying on of such business at one place or shop or pre- mises, and no more ; and

(ii)

the legal personal representative of a pharmaceutical chemist who may have died whilst carrying on such business, or any person seizing or taking possession of the stock-in- trade of a pharmaceutical chemist under a mortgage, bill of sale, or other security, or the liquidator of any company in the course of being wound up, or any mortgagee or receiver seizing and taking possession of the stock-in-trade of a company under a mortgage, bill of sale, or other security, may continue to carry on the business of the pharmaceutical chemist or of the company, as the case may be, for a period not exceeding twelve months, or for such fur- ther period as may be permitted by the Council upon and subject to the express condition that such business is so carried on by and under the immediate personal supervision and manage- ment of a duly licensed pharmaceutical chemist; and

(iii)

nothing in this section shall operate so as to prevent a person, not being a company or a friendly society or a registered or licensed phar- maceutical chemist, who has been and still is at the time of the commencement of this para- graph of this proviso carrying on the busi- ness of a chemist and druggist, from continuing himself in person to continue to carry on the said business in the same place : provided he does so constantly under the immediate personal supervision of a licensed pharmaceutical chemist until he ceases to carry on such business in such place, or sells, assigns, or otherwise disposes of the said business.

(iv)

1937.] Pharmacy and Poisons. [No. 51.

19. Section thirty-seven of the principal Act is Amendment of a. 37.

amended by adding at the end of subsection (2) thereof the words "and on every label, invoice, or other document which is issued or used in or in connection with such business."

20. New sections are inserted in the principal Act New seeti"st

after section forty-two, as follows:-

42A.

recognised or have any force or effect in law unless apprentices.

and until the Council by an indorsement on the in-

strument evidencing such contract, signifies that it is

satisfied that the principal has at his disposal suffi-

cient facilities and material for the proper training

of the apprentice.

No contract of apprenticeship, shall be Provisions

The Council may promote, establish, or main- etamar taro or assist in the promotion, establishment, or sucslemfoulsodasucdor maintenance of schools of pharmacy or of a course maintenance of instruction for pharmaceutical students, and may

42B.

use the funds of the Council for any of the purposes

aforesaid.

21. Section forty-three of the principal Act is	of s. 13.
Amendment

amended by deleting subsection (1) thereof and insert-

ing in lieu thereof a subsection, as follows :—

(1.) The Governor, either with or without the re- commendation of the Council, may make regulations, not inconsistent with this Act, for all or any of the following purposes, that is to say :—

(a ) regulating the meetings and proceedings of the Meetings of the Council

Council and the conduct -of its business; and conduct of business.

(b)	prescribing the manner of and time and place Election of for electing the members and the f(resident of cproeuslidieinta." the Council;
(c)	prescribing the annual license fees to be paid ,,Liiirsee fees
by pharmaceutical chemists to the Council for flea anxdarnetgis" tration fees.

the purpose of defraying the expenses neces- sary to carry out the provisions of this Act, the fees for the examination of persons quali- fying to be registered as pharmaceutical chemists, and the fees for the registration of the same;

No. 51.] Pharmacy and Poisons. [1937.

Additional

subjects of	(d)	prescribing the subjects, in addition to those
examination.	prescribed by this Act, for the examination of persons qualifying for registration as phar- maceutical chemists;
What
pharmacy in-	(e)	prescribing that the certificates or diplomas of
stitutions
may be recog-	competency as a pharmaceutist or as a
nised.	chemist and druggist of any specified society, college or board of pharmacy shall be recog- nised by the Council;
Issue, can-
cellation, and	(f)	regulating the issue, cancellation, and suspen-
suspension of
licenses.	sions of licenses by the Council;
Appeals.	(g)	regulating appeals against the decisions of the Council in relation to the refusal, cancellation, or suspension of licenses;

Forms.	(h) prescribing forms;
License fees.
(i) prescribing fees;

Manufacture, regulating the manufacture, storage, safe cus-

storage, safe	(j)
custody, and

sale of poi-	tody and sale of poisons, poisonous sub-
sons.	stances, and narcotic drugs;
Colouring of

Poisons.	(k) regulating. the colouring of any poison, poison- ous substance, or narcotic drug;
Containers or
packages.	(1) providing for the shape, size, and materials of the container or package in which any poison, poisonous substance, or narcotic drug may be- sold ;
Containers to
(m) requiring that the container or package in
have printed
thereon name

of remedy to	which any prescribed poison is cased, covered,
counteract
poison.	enclosed, contained or packed for sale (whether by wholesale or retail) shall have printed thereon the name of some effective remedy (if any) to counteract the effects of such poison;
Inspection of

books and	(n)	providing for general or particular inspections
documents.	by the Council, or by any servant or officer of the Council authorised in that behalf by writ- ing under the band of the president of the Council, of any books, entries, letters, docu- ments, instruments, or other writings required by the provisions of this Act to be kept by persons subject to the provisions of this Act;
General.	(o)	prescribing all other matters and things neces- sary to be prescribed or which it is convenient to prescribe for more effectively carrying the

1937.] Pharmacy awl Poisons. [No. 51.

provisions of this Act into effect and of

achieving the objects of this Act; and

prescribing a penalty, not exceeding the sum	Penalty for
breech of
of fifty pounds, to be imposed upon and paid	regulation.
by any person found guilty of any breach or contravention of any regulation made under this Act.

22. A Schedule is added to the principal Act, after NeLthedule

the Eighth Schedule, to stand as the Ninth Schedule, as Schedule.

follows.—

NINTH SCHEDULE.

1.

Agricultural and horticultural preparations containing any poison intended to be used exclusively for agricultural or horticultural purposes, or for the purpose of destroying birds or animals which are vermin under any Act relating to vermin, or for use exclusively as sheep dips, sheep washes, or weed killers, but so that the preparation when sold is contained in a vessel or receptacle which is adequately sealed.

2.

Photographic chemicals consisting of or containing any poison and exclusively used for the purpose of photography.

3.

Poisonous preparations intended to be used exclusively for destroying rats, mice, flies, or other insects.

Poisonous acids and chemicals for mining or trade pur- poses, when such are required in large quantities.

4.

Such other poisonous substances and preparations as may be added to this Schedule by proclamation.

5.

23. The principal Act as amended by this Act may be Citation ofprincipal Act

cited as the Pharmacy and Poisons Act, 1910-1937. as amended.