Public Health (Community Pharmacy Ownership) Amendment Regulation 2013 (No 1) (ACT)

Public Health (Community Pharmacy Ownership) Amendment Regulation 2013 (No 1)

Subordinate Law SL2013-4

The Australian Capital Territory Executive makes the following regulation under the Public Health Act 1997.

Dated 26 February 2013.

Katy Gallagher

Minister

Simon Corbell

Minister

Public Health (Community Pharmacy Ownership) Amendment Regulation 2013 (No 1)

Subordinate Law SL2013-4

made under the

Public Health Act 1997

1. Name of regulation

   This regulation is the Public Health (Community Pharmacy Ownership) Amendment Regulation 2013 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Public Health Regulation 2000.

4. New section 62 (1) (c)

   before the penalty, insert

   (c)a former corporate pharmacist.

5. Section 62 (2), new definitions

   insert

   close relative, of a company pharmacist, means the pharmacist’s—

   (a)domestic partner; or

   NoteDomestic partner—see the Legislation Act, s 169.

   (b)father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or

   (c)son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or

   (d)brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

   (e)uncle, aunt, uncle-in-law or aunt-in-law; or

   (f)nephew, niece or cousin.

   former corporate pharmacist means a corporation that—

   (a)on 30 June 2010 owned a pharmacy business; and

   (b)from 30 June 2010—

   (i)has continuously owned and operated the pharmacy business; and

   (ii)has only appointed pharmacists as directors of the corporation; and

   (iii)has only allowed—

   (A)pharmacists appointed as directors or employed in the corporation (a company pharmacist), or close relatives of a company pharmacist, to become new shareholders of the corporation; and

   (B)beneficial ownership of shares in the corporation; and

   (iv)if the corporation practises pharmacy as a trustee—is party to a trust deed that prevents a person who is not a company pharmacist, or close relative of a company pharmacist, becoming a new beneficiary under the deed.

Endnotes

1. Notification

   Notified under the Legislation Act on 28 February 2013.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2013