Pharmacy and Poisons Act Amendment Act 1948 (WA)

No. 66.]

Pharmacy and Poisons.

[1948.

PHARMACY AND POISONS.

12 s and 13' GEO. VI., No. LXVI.

No. 66 of 1948.

AN ACT to amend the Pharmacy and Poisons P9

1910-1937.

[Assented to 21st January, 1949.]

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 :—

Short title.

This Act may be cited as the Pharmacy and Poisons Act Amendment Act, 1948, and shall be read as one with the Pharmacy and Poisons Act, 1910-1937 (Act No. 7 of 1910, reprinted, as amended by Act No. 51 of 1937, pursuant to the provisions of the Amendments Incor- poration Act, 1938, in Volume I. of the Reprinted Acts of the Parliament of Western Australia, 1939), herein- after referred to as the principal Act.

Citation of	2.	The principal Act as amended by this Act may be
principal Act
as amended

by this Act.

cited as the Pharmacy and Poisons Act, 1910-1948.

1948.]

Pharmacy and Poisons.

[No. 66.

3. adding a subsection as follows :—

Section one of the principal Act is amended by

Amendment

of s.1.

(3) Subject to the Minister, and the provisions of this Act, the Council shall be responsible for the administration of this Act.

4.	Section two of the principal Act is amended by	Amendment
of e. 2.

inserting after the figure "43" in line eleven the

following:—

PART VA.—SALE OF CERTAIN DRUGS—SS. 43A-43C.

5.	Section three of the principal Act is amended by	Amendment
of s. 3.

(a) inserting after the interpretation, "Gazette"

an interpretation as follows

Cf. No. 36 of

"Medical practioner" means a person regis- tered pursuant to the provisions of the

1894, ss. 3

and 19, Vol. 2

of 1943

Medical Ordinance, 1869, or the Medical	reprint.
Act, 1894-1946;

(b)	inserting after the interpretation "State" the

following :—

. 51 of

"Veterinary surgeon" and "veterinary prac- titioner" mean a person whose name	Cf.
1911 as

amended by

46 of 1923,

appears as that of veterinary surgeon	ss. 2 and 25.
or veterinary practitioner, respectively, in the Veterinary Register of Western Australia, kept pursuant to the provi- sions of the Veterinary Act, 1911;

dealing" the following :—

"Wholesale dealing" means sale or supply by any wholesale dealer in the ordinary ;curse of wholesale business

of poisons, poisonous substances or preparations, narcotic, dangerous, or potent drugs, or other substances, or preparations, to which the provisions of this Act apply

to any person-

(a) who is licensed or otherwise

expressly authorised by, or

pursuant to the provisions of

No. 66.]

Pharmacy and Poisons.

[1948.

this or any other Act, to acquire, sell or supply any of those things ;

(b) who is not so licensed or author-

ised but who-

(i) acquires any of those things M. bulk quan- tities, for use, other than resale, or supply, by retail, in connection with any profession, bus

ness, trade or in-

dustry;

( ii) acquires any of those things with the council's written authority for use in connection with any public institu- tion authorised by proclamation to ac- quire the thing for that use.

Amendment	6.	Section six of the principal Act is amended by
of s. 6 by
transposition

of B. 52 of re-	adding after subsection (5) a subsection as follows:
print in Vol.

I, 1936, as s.	(6) The council may promote, establish and maintain or assist in the promotion, establishment and maintenance of schools of pharmacy or courses of instruction for pharmaceutical students, and may use the funds of the council for those purposes.
6 (6).
Amendment

of s. 7.	7.	Section seven of the principal Act is repealed and
Election of

council.

substituted by the following:-

7. (1) At the expiration of the term, for which members of the council in office at the commence- ment of the Pharmacy and Poisons Act Amendment Act, 1948, are elected

(a) pharmaceutical chemists may elect, in the

manner and for such term or varying

terms and subject to such conditions as

1948.]

Pharmacy and Poisons.

[No. 66.

to eligibility for and tenure of office, as shall be prescribed, seven of their num- ber to form the council; and

(b) the members of the council formed pursuant to the provisions of the last preceding paragraph, shall elect, as often as shall be necessary, for such term and subject to such conditions as to eligibility and tenure of office as shall be prescribed, one of their number to the office of president.

(2) The provisions of this section shall not affect the validity of the constitution or the powers or functions of the council in office at that commence- ment, or the term of office of its members.

Amendment

Section fourteen of the principal Act is amended

of s. 14.

by adding a subsection as follows

(3) A certificate under the hand of the registrar certifying that a person is duly qualified and regis- tered according to the provisions of this Act shall

be prima facie evidence in all courts of justice and

in all legal proceedings that the person is so qualified

and registered.

Amendment

Section nineteen of the principal Act is amended by substituting for all words in line two, the words "place of residence, business, or employment, shall notify the change at the time and in the manlier prescribed".

of s. 19.

10.

Section twenty of the principal Act is amended

(a) deleting subsection (1) ;

(b) inserting before subsection (2) the following

Amendment

of s. 20,

subsections :-

(la) If

in the opinion of the council a pharma- ceutical chemist is guilty of impro- priety, misconduct, or infamous con- duct in a professional respect

or—.

is convicted of any offence, which, in

No. 66.]

Pharmacy and Poisons.

[1948.

the opinion of the council, renders him unfit to practice as a pharmaceutical chemist

is addicted to alcohol or any deleterious drug to a degree, which renders him unfit so to practise

the council may serve upon him a notice, requiring him to attend before the council at a specified time and place to show cause why he should not be dealt with in accord- ance with the appropriate provisions of the next succeeding subsection, and specifying the council's opinion and the grounds of the opinion in sufficient particularity to enable him to show cause.

(lb) If a pharmaceutical chemist, upon whom a notice is served pursuant to the provisions of the last preceding subsection, fails to show cause to the satisfaction of the council why it should not do so, the council may

(a)	order that his name be erased from the register and so erase his name accordingly;
(b)	order that he be suspended from practising as a chemist for a period not exceeding twelve months;

(d) censure him;

(e)	require him to give such undertak-

ing as it considers just;

(c) substituting for the words "subsection (1) hereof" in subsection (2), lines two and three, the words, "the last preceding subsection";

(d)	adding after subsection (3) the following sub-

sections:—

1948.]

Pharmacy and Poisons.

[No. 66.

(4) When any costs are ordered to be paid by any pharmaceutical chemist under the provisions of this section, those costs shall be recoverable as a debt due by him to the council in any court of competent jurisdiction.

(5) No person shall employ a person whose name is erased from the register under the provision of this section, in any capacity in the business or at the address at which the latter is carrying on business or is employed when his name is so erased.

(6) The council may erase from the register the name of any pharmaceutical chemist, who, after adequate inquiry, it considers is unfit by reason of physical or mental incapacity, to practise as a pharma- ceutical chemist.

(7) The proceedings of the council in the exercise of any of the powers conferred upon it by this section, shall be in accord- ance with regulations prescribed, and until prescribed, the council shall regulate its own proceedings.

(8) Any person, who is aggrieved by any ante

of the council made pursuant to the 42 (5) post.

powers conferred upon it by the provisions of subsections (lb) and (6) of this section may appeal within the time and in the manner prescribed against the decision, to a Magistrate, who may affirm, set aside, or vary it.

11. The principal Act is amended by adding after atirtrA

transposing

section twenty-two a section as follows:—

print in Vol.s. 51 of re-

22A. No contract of apprenticeship shall be Provision s

recognised or have any force or effect in law unless raeplparteinctoes. and until the council by an indorsement on the rgipsolu. instrument evidencing the contract, signifies that

it is satisfied that the principal has at his disposal sufficient facilities and material for the proper training of the apprentice.

No. 66.]

Pharmacy and Poisons.

[1948.

Repeal and

re-enactment

12.

Section twenty-three of the principal Act is

of s. 23.	repealed and substituted by the following:-
Council may

direct	23. The council shall control and direct all exam-
examinations.

58 Viet. No.

inations it considers requisite for the purposes of

35, s. 23.

this Act, in such subjects as may, from time to time

be prescribed by the regulations.

Amendment

of s. 25.	13. Section twenty-five of the principal Act is amended by substituting for the word "Schedule" in line two, the words "and Ninth Schedules to this Act".
Amendment
of s.25.	14. Section twenty-six of the principal Act is amended by substituting for the words "contained in the Sixth Schedule" in lines two and three, the word "prescribed".
Repeal and

re-enactment	15.	Section twenty-eight of the principal Act is
of s. 29.

repealed and substituted by the following:-

28. A license referred to in section twenty-six of this Act shall not be granted to any person unless he produces to the council a certificate which is in the form and which is completed and signed in the manner prescribed, or unless he holds a license granted and in force pursuant to the provisions of section sixteen of this Act.

Amendment

of s. 31.

16. Section thirty-one of the principal Act is

amended by

(a)	substituting for the words in lines one and two the words "Every person licensed to sell poisons referred to from time to time in the Fifth Schedule to this Act, shall, as regards those poisons—";
(b)	adding after the word "poison" in paragraph

(d)	, line four, the following paragraph.

(e) Refuse to sell and refrain from selling

any poison to any person who is-

(i) apparently under eighteen

years of age;

(ii) unknown to the vendor, unless the sale be made in the presence of some witness who is known to the vendor,

1948.]

Pharmacy and Poisons.

[No. 66.

and to whom the purchaser is known, and that witness signs his name together with Ins place of abode, to the required entry before the delivery of the poison to the purchaser ;

(c) substituting for the words "in paragraph (b)" in line one of the proviso, the words "in para- graph (b) and subparagraph (ii) of para- graph (e) of this section".

Repeal and

17. Section thirty-four of the principal Act

15 re-enactment

of s. 34.

repealed and substituted by the following:-

34. No person shall sell any poison or poisonous substance unless the container immediately contain- ing it is marked in such manner and with such parti- culars as shall be prescribed.

18. Section thirty-six of the principal Act

is Repeal of e.

36.

repealed.

Repeal and

19. Section forty-one of the principal Act is repealed

re-enactment

and substituted by the following:-

of s. 41.

41. Subject to the provisions of this section, the provisions of sections twenty-six to thirty-three, both inclusive, and of section forty-two of this Act shall not apply in respect of

(a) any wholesale dealing :

Provided that-

(i) no poison or poisonous substance, shall be supplied in connection with the dealing, unless pursuant to a written order signed by the intending purchaser;

(ii) all poisons and poisonous sub- stances kept for the purpose of wholesale dealing, shall be kept in the custody and control of the vendor, his agents and servants, in such manner as to preclude access to them by the public;

No. GC;

Pharmacy and Poisons.

[1948.

(b) a sale of ally poison or poisonous substance

when made up or compounded

( 1 )	in a medicine by a medical practi- tioner for any patient whom he is treating;
(ii)	in a medicine by a pharmaceutical chemist, carrying on business as a pharmaceutical chemist or druggist ;
(iii)	in a medicine by a veterinary surgeon or veterinary practi- tioner for any animal which he is treating;
(iv)	in the form of any homeopathic medicine, except when in the crude state or mother tincture.

Amendment

of s. 42.

20. Section forty-two of the principal Act is amended

(a) substituting for subsection (2) the following

subsection:

(2) (a) A license to sell any of the

poisonous substances, or preparations,

specified in the Ninth Schedule to this Act-

(i) shall not be issued to any body

corporate or partnership;

(ii) may be issued, in the manner and subject to the conditions pre- scribed by the council to any natural person, who applies for it in the manner, and pays the fee, prescribed, as an authority for him to sell any of them

(I)	on his own behalf; or
(II)	as an employee, and on behalf, of any body cor- porate; or

(III)

as an employee, or part- ner, and on behalf, of any partnership.

1948.]

Pharmacy and Poisons.

[No. 66.

(14 When a license is issued pursuant to the provisions of item (II) or (III) of sub- paragraph (ii) of the last preceding para- graph, and an offence against the provisions of this Act, relating to the sale of those substances and preparations is committed by the holder of the license in connection with

his employment, if he is an employee, or the business of the partnership, if he is a partner

each of the following shall be guilty of a similar offence, and liable to punishment similar to that to which the holder is liable-

(i) in the case of a body corporate, that body and each of its execu- tive officers, whether director, manager, secretary, or otherwise, who knowingly authorises, or who, through lack of reasonable supervision or otherwise, per- mits the offence;

(ii) in the case of a partnership, each partner who knowingly, or who, through lack of reasonable super- vision or otherwise, permits the offence:

Provided that the provisions of this sub- section shall not be construed so as to affect the liability of any person, who aids, coun- sels, procures, or is otherwise an accessory to the offence.

(c) The holder of a license issued pur- suant to the provisions of this subsection shall observe and comply with the provi- sions of this Act and the regulations made in pursuance of those provisions, relating to the license and to any conditions speci- fied in the license;

(b) repealing subsection (3).

No. 66.]

Pharmacy and Poisons.

[1948.

Section 42A

added.

21. The principal Act is amended by adding after

section forty-two the following section:-

42A. Poisons and poisonous substances, which are referred to in the Ninth Schedule to this Act, and which are kept for the purpose of sale or supply, shall be kept in the custody and control of the vendor, his agents and servants in such manner as to preclude access to them by the public and shall not be sold or supplied to any person who is apparently under the age of eighteen years.

Part VA

added.

22. The principal Act is amended by adding after

section forty-three, the following:—

PART VA.—SALE OF CERTAIN DRUGS.

Tenth,

43A.

Subject to the provisions of this Act, any of the drugs or preparations referred to in the Tenth, Eleventh and Twelfth Schedules to this Act, shall not be sold, except by such persons and subject to such conditions as shall be prescribed:

Eleventh and

Twelfth

Schedules.

Penalty—Fifty pounds.

Tenth,

Eleventh and	43B.	(1) The Governor may, by order made by
Twelfth

Schedules

him, amend the Tenth, Eleventh and Twelfth

amended.

may be

Schedules to this Act by deletion, addition or other

alteration.

Amendment

Notice of	(2) Notice of any order made under the provi-
to Tenth,

Eleventh and	sions of the last preceding subsection shall be
Twelfth
Schedules to	published in the Gazette and thereupon shall take
in Gazette.
he advertised	effect on the day specified in the notices, but if no day be specified, on the seventh day after that of the publication.
of certain

Exemption

43C.

The provisions of this Part shall not apply to any wholesale dealing between a wholesale dealer and a person referred to in paragraph (a) or para- graph (b), subparagraph (ii) of the interpretation "Wholesale dealing" in section three of this Act.

wholesale

dealings.

Amendment

of s. 44.

23. Section forty-four of the principal Act is

amended by

(a) adding after the word "chemist" in subsection

(1), paragraph (c), line three, the words "or

assume or use or exhibit any title, direction,

1948.]

Pharmacy and Poisons.

[No. 66.

or sign, whether including file word 'phar- macy' or otherwise, which can be considered to mean that he is carrying on that busi- ness.";

(b)	inserting after the word "sign" in paragraph (i) of the proviso, line twelve, the words "whether including the word 'pharmacy' or otherwise";
(c)	adding after subsection (2), the following sub:-

section:—

(2a) Except in cases of emergency—

no person shall accept any prescription

for preparation of medicine

otherwise than at a pharmacy at which the

medicine shall be prepared and supplied.

24. Sections fifty, fifty-one and fifty-two of the Rep of

of ss-

principal Act are repealed.

S. 52A added-

25. section fifty-two the following section:-

The principal Act is amended by adding after

General

52A. Any person who acts in contravention of, or fails to comply with, any of the provisions of this Act or the regulations made thereunder, shall be guilty of an offence against this Act, and where no special penalty is provided, be liable to a penalty not exceeding ten pounds.

q enelt3r.

26.	Section fifty-three of the principal Act is amended	Amendment
of s. 53.

(a)	deleting the words "in addition to those pre- scribed by this Act" in paragraph (d), lines one and two;
(b)	adding after the word "licenses" in paragraph (f), line two, and paragraph (g), line three, the words "and permits";
(c)	deleting the word "narcotic" in paragraph (j),

line three.

27. The principal Act is amended by deleting the Vete"nr

Schedules.

Sixth and Seventh Schedules.

deleted.

No. 66.]

Pharmacy and Poisons.

[1948.

Tenth,

Eleventh and	28. The principal Act is amended by adding after the
Twelfth

Schedules	Ninth Schedule the following Schedules:—
added.

S. 43A.

Tenth Schedule.

Drugs and Preparations for /12On OE Use.

Item.

A—Penicillin.

B—Products of salts of penicillin.

C—Benadryl.

D—Phenobarbitol.

E—Sulphonamides.

F—Preparations containing any of the drugs mentioned in the

foregoing items of this Schedule.

S. 43A.

Eleventh Schedule.

Drugs and Preparations for Veterinary Use.

Item.

A—Penicillin.

B—Products of salts of penicillin.

C—Preparations containing any of the drugs mentioned in the

foregoing items of this Schedule.

5. 43A.

Twelfth Schedule.

Drugs and Preparations for Veterinary Use.

Item.

A—Sulphonamides.

B—Substituted sulphonamides.

C—Preparations containing any of the chugs mentioned in the

foregoing items of this Schedule.