Pharmacists Registration Amendment Act 2004

Pharmacists Registration Amendment Act 2004

An Act to amend the Pharmacists Registration Act 2001

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Pharmacists Registration Amendment Act 2004 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Pharmacists Registration Act 2001 is referred to as the Principal Act.

4.    Section 62 amended (Offence to engage in pharmacy, &c., if unregistered)

Section 62 of the Principal Act is amended as follows:

(a) by omitting paragraphs (c) and (d) from subsection (2) and substituting the following paragraphs:

(c) each member of the body corporate is –

(i) a registered pharmacist; or

(ii) the spouse, father, mother, son, daughter, grandson, granddaughter, brother or sister of a registered pharmacist who is a member of the body corporate; and

(d) the controlling interest in the body corporate is held by a person who is a registered pharmacist or by persons who are registered pharmacists; and

(e) control and supervision of the practice, pharmacy or business, as the case may be, are vested in a person who is a registered pharmacist or in persons who are registered pharmacists.

(b) by inserting the following subsection after subsection (2) :

(2A)  In subsection (2) , "spouse", in relation to a registered pharmacist, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with that registered pharmacist.

(c) by inserting in subsection (3)(a)(ii) "or the pharmacy" after "services";

(d) by inserting the following subparagraph after subparagraph (ii) in subsection (3)(a) :

(iii) that body provided pharmacy services in this State, or held an interest in a pharmacy in this State or in the business carried on in a pharmacy in this State, before the commencement of the Pharmacists Registration Amendment Act 2004; and

5.    Section 65 amended (Limitation on number of pharmacies in which pharmacist may have interest)

Section 65 of the Principal Act is amended by omitting "2" twice occurring and substituting "4".

[Second reading presentation speech made in:

House of Assembly on 23 NOVEMBER 2004

Legislative Council on 26 NOVEMBER 2004]