National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Act 2023

Administered by Department of Health, Disability and Ageing

Legislation au C2023A00016 In force Act

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National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Act 2023

 

No. 16, 2023

 

 

 

 

 

An Act to amend the National Health Act 1953, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

National Health Act 1953

 

 

National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Act 2023

No. 16, 2023

 

 

 

An Act to amend the National Health Act 1953, and for related purposes

[Assented to 11 April 2023]

The Parliament of Australia enacts:

1  Short title

  This Act is the National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Act 2023.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

12 April 2023

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

National Health Act 1953

1  Before subsection 133(1)

Insert:

Effect of being charged

2  Before subsection 133(2)

Insert:

Effect of conviction

3  Before subsection 133(5)

Insert:

Effect of acquittal

4  Before subsection 133(6)

Insert:

Effect on Committees of Inquiry

5  After subsection 133(6)

Insert:

Extended operation for approved pharmacist corporations

 (6A) If a person that is a director of an approved pharmacist corporation is charged before a court with having committed an offence referred to in subsection (1), then this section applies in relation to the approved pharmacist corporation:

 (a) as if the approved pharmacist corporation were charged before the court with having committed the offence; and

 (b) if:

 (i) the person is convicted of the offence; or

 (ii) the court concerned thinks that the charge in relation to the offence is proved but, without proceeding to conviction, discharges the person conditionally on the person’s entering into a recognizance;

  as if the approved pharmacist corporation were convicted of the offence; and

 (c) if:

 (i) the person ceases to be an ineligible director at a particular time; and

 (ii) at that time, there is no other director of the approved pharmacist corporation that is an ineligible director;

  as if the approved pharmacist corporation were acquitted of the offence.

Definitions

6  Subsection 133(7)

Insert:

approved pharmacist corporation means an approved pharmacist that is a body corporate.

ineligible director: a director of an approved pharmacist corporation is an ineligible director if:

 (a) the director has been charged before a court with having committed an offence referred to in subsection (1); and

 (b) the director has not been acquitted of the offence; and

 (c) the charge has not been withdrawn or otherwise disposed of.

7  Application of amendments

Subsection 133(6A) of the National Health Act 1953, as inserted by this Schedule, applies on and after the commencement of this item in relation to a person who is or was a director of an approved pharmacist corporation, regardless of whether the person is:

 (a) charged before a court with having committed the offence referred to in subsection 133(1) of that Act; or

 (b) convicted of the offence; or

 (c) discharged conditionally;

before, on or after that commencement.

[Minister’s second reading speech made in—

House of Representatives on 9 March 2023

Senate on 22 March 2023]

(19/23)

 

Overview

The National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Act 2023 was enacted by the Parliament of Australia to address a specific gap in the existing legislative framework regarding the legal standing of approved pharmacist corporations when their directors face prosecution. This Act amends the National Health Act 1953 to ensure that an approved pharmacist corporation is treated in the same manner as its director in cases where the director is charged, convicted, or acquitted of certain offences. The objective of this legislation is to provide clarity and consistency in the application of legal consequences to approved pharmacist corporations, thereby maintaining the integrity and reliability of the health sector. The Act came into effect on 12 April 2023, the day after receiving Royal Assent.

Scope and Application

The National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Act 2023 amends the National Health Act 1953 by introducing new provisions that specifically address the legal consequences for approved pharmacist corporations when their directors are charged with or convicted of certain offences. This Act applies to approved pharmacist corporations, which are defined as approved pharmacists that are body corporate, and their directors. It operates within the jurisdiction of the Commonwealth of Australia and is intended to ensure that the corporations themselves are held accountable for the actions of their directors in relation to specified offences. The Act does not specify exclusions or thresholds but extends its application through the amendments it makes to the National Health Act 1953, affecting the legal status and responsibilities of approved pharmacist corporations when their directors face prosecution.

Key Provisions

The National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Act 2023 primarily serves to amend the National Health Act 1953 by introducing new provisions that deal with the effect of prosecution on approved pharmacist corporations. These amendments are detailed in Schedule 1 of the Act, specifically affecting section 133 of the National Health Act 1953. The Act provides for the application of certain legal consequences to the corporation if a director is charged with, convicted of, or acquitted of an offence. The Act also defines key terms such as "approved pharmacist corporation" and "ineligible director" (sections 6 and 7). The obligations imposed by this Act are primarily on approved pharmacist corporations and their directors. If a director of an approved pharmacist corporation is charged with an offence under the National Health Act 1953, the corporation is treated as if it were the one charged (section 2). Moreover, if the director is convicted or conditionally discharged, the corporation is considered convicted (section 3). In the event that a director ceases to be ineligible and no other ineligible directors exist at the same time, the corporation is deemed acquitted (section 4). These provisions ensure that the corporation bears the legal consequences of the director's actions under certain conditions. Breaches of these provisions can lead to various consequences under the National Health Act 1953. The specific penalties or consequences for non-compliance are not detailed in the Act itself but are likely to be found in the National Health Act 1953. Typically, offences under the National Health Act 1953 can result in substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the offence, as well as any additional legislative provisions or case law that may apply.

Legal classification tags

Area of Law
Health Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.