Pharmacy Control Act 2001

Pharmacy Control Act 2001

An Act to provide for the regulation of pharmacy business ownership, the registration of pharmacy business premises, to repeal the Pharmacy Act 1908 and for related purposes

[The long title Amended by No. 22 of 2016, s. 4, Applied:01 Jan 2017] [The long title Amended by No. 47 of 2010, s. 4, Applied:01 Feb 2011]

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:

PART 1 - Preliminary

1.   Short title

[Section 1 Amended by No. 47 of 2010, s. 5, Applied:01 Feb 2011] This Act may be cited as the Pharmacy Control Act 2001 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

In this Act, unless the contrary intention appears –

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] applicant means a person who submits an application to the Authority;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] approved means approved by the Authority;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] Authority means the Tasmanian Pharmacy Authority established under section 6 ;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] certificate of registration means a certificate given by the Authority under section 71F ;

[Section 3 Amended by No. 62 of 2005, s. 4, Applied:15 Dec 2005]

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] chairperson means chairperson of the Authority;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] committee means a committee established by the Authority under section 13 ;

[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017] eligible person means a person who holds an eligibility certificate;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] [Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017] eligibility certificate means a certificate issued by the Authority under section 61B ;

[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017] exempt person means a person who is exempt, under section 61D , from the requirement to apply for an eligibility certificate;

[Section 3 Amended by No. 2 of 2007, s. 12, Applied:17 Apr 2007]

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] financial year means the 12 month period ending on 30 June in any year;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] Friendly Society means a body that was registered under the Friendly Societies (Tasmania) Code as a society immediately before the repeal of the Friendly Societies (Tasmania) Act 1997 ;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]

functions includes duties;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] guidelines means guidelines issued by the Authority;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] Health Complaints Commissioner means the person appointed as Health Complaints Commissioner under the Health Complaints Act 1995 ;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] inspection means an inspection under section 59 ;

[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017] interest in a pharmacy business – see section 3B ;

[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017] lapsing date, for a provision of this Act, means –

(a) 30 June or, if another date is prescribed for the provision, that other date; or

(b) if the Authority determines in respect of a particular person, pharmacy business or pharmacy business premises that a date other than the date specified or prescribed under paragraph (a) of this definition should be the lapsing date for the provision, the other date so determined by the Authority for that person or business or those premises;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] member means member of the Authority and includes the chairperson;

notice means notice in writing;

[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017] owner, of a pharmacy business, means the person or persons for the time being holding an eligibility certificate and named in the certificate of registration for the relevant pharmacy business premises;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] pharmacist means a person who holds general registration under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession;

[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]

[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017] pharmacy business – see section 3A ;

[Section 3 Amended by No. 62 of 2005, s. 4, Applied:15 Dec 2005]

[Section 3 Amended by No. 62 of 2005, s. 4, Applied:15 Dec 2005] pharmacy business premises means a shop or other premises where a pharmacy business is carried on;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] [Section 3 Amended by No. 62 of 2005, s. 4, Applied:15 Dec 2005] [Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] [Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] register means the Pharmacy Business Premises Register kept under section 71L ;

registered means registered under this Act;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] [Section 3 Amended by No. 33 of 2011, s. 13, Applied:01 Jul 2012]

[Section 3 Amended by No. 33 of 2011, s. 13, Applied:01 Jul 2012] registration board means a board established under section 31 of the Health Practitioner Regulation National Law (Tasmania);

[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017] relevant pharmacy business, in relation to any pharmacy business premises, means the pharmacy business carried on in or from those premises;

[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017] relevant pharmacy business premises in relation to a pharmacy business, means the premises in or from which the business is carried on;

report includes publish;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] [Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017] [Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] [Section 3 Amended by No. 18 of 2021, s. 302, Applied:05 Nov 2021]

[Section 3 Amended by No. 18 of 2021, s. 302, Applied:05 Nov 2021] responsible tribunal means the Tasmanian Civil and Administrative Tribunal;

Secretary means Secretary of the Department;

[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011] specified means specified in writing by the Authority.

3A.   Meaning of "pharmacy business"

[Section 3A Inserted by No. 22 of 2016, s. 6, Applied:01 Jan 2017]

(1)  In this section –

dispensing, of narcotic substances or restricted substances, means preparing the narcotic substances or restricted substances for sale or supply to members of the public;

preparing includes packaging, labelling and recording.

(2)  In this section, the following expressions have the same meaning as they have in the Poisons Act 1971  –

(a) medicinal poison;

(b) narcotic substance;

(c) potent substance;

(d) restricted substance.

(3)  For the purposes of this Act, a business is a pharmacy business if it involves any or any combination of the following activities:

(a) the compounding or dispensing, by a pharmacist, of narcotic substances and restricted substances on the prescription or lawful request of a medical practitioner or other health professional;

(b) the sale or supply, by a pharmacist, of potent substances;

(c) the sale or supply, by a pharmacist or by an employee of that pharmacist under his or her supervision, of medicinal poisons that are in the possession, custody or control of that or another pharmacist.

(4)  To avoid doubt, a business that is carried on by a person to whom section 27 of the Poisons Act 1971 applies is not a pharmacy business for this Act.

3B.   Meaning of "interest in a pharmacy business"

[Section 3B Inserted by No. 22 of 2016, s. 6, Applied:01 Jan 2017]

(1)  For the purposes of this Act, the expression interest in a pharmacy business means any legal or beneficial interest in the business, including an interest as –

(a) a sole proprietor; or

(b) a partner; or

(c) a director, member or shareholder of a company as defined in the Corporations Act; or

(d) a trustee or beneficiary of, or unit holder in, a trust.

(2)  Without limiting the generality of subsection (1) , a person will be taken to have an interest in a pharmacy business for the purposes of this Act if the person is party to an arrangement of a kind prescribed by the regulations.

4.   Act binds Crown

[Section 4 Amended by No. 62 of 2005, s. 5, Applied:15 Dec 2005] [Section 4 Amended by No. 47 of 2010, s. 7, Applied:01 Feb 2011] This Act, other than Parts 4 , 5A and 6A , binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

5.   Application of Act

[Section 5 Substituted by No. 47 of 2010, s. 8, Applied:01 Feb 2011] Nothing in this Act extends to or affects –

(a) the business of a licensed manufacturing chemist or licensed wholesale chemist, within the meaning of the Poisons Act 1971 ; or

(b) a person who is authorised under the Poisons Act 1971 to sell or supply a scheduled substance, within the meaning of that Act, other than a pharmacist.

5A.   Inconsistency between Act and Health Practitioner Regulation National Law (Tasmania)

[Section 5A Inserted by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] In the event of an inconsistency between a provision of this Act and the Health Practitioner Regulation National Law (Tasmania), the provisions of the Health Practitioner Regulation National Law (Tasmania) prevail.

PART 2 - Tasmanian Pharmacy Authority

[Part 2 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

Division 1 - The Authority

[Division 1 of Part 2 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

6.   Establishment of Authority

[Section 6 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

(1)  The Tasmanian Pharmacy Authority is established.

(2)  The Authority –

(a) is a body corporate with perpetual succession; and

(b) may acquire, hold, dispose of and otherwise deal with property; and

(c) may sue and be sued in its corporate name.

7.   Membership of Authority

[Section 7 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

(1)  The Authority consists of –

(a) two pharmacists nominated by the Secretary; and

(b) one person, who is not a pharmacist, nominated by the Secretary to represent the interests of consumers.

(2)  The members are appointed by the Minister.

(3)  The Secretary, on the recommendation of the members, must appoint a member as chairperson.

(4)  For the purpose of making nominations under subsection (1)(a) , the Secretary may –

(a) request any body that purports to represent the professional interests of pharmacists to provide the Secretary within 28 days of the date of the request with a list of names; and

(b) accept a recommendation from any body that purports to represent the professional interests of pharmacists or from any pharmacist; and

(c) accept an expression of interest from any pharmacist.

(5)  Schedule 1 has effect with respect to membership of the Authority.

(6)  Schedule 2 has effect with respect to meetings of the Authority.

Division 2 - Functions, powers and objectives

[Division 2 of Part 2 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

8.   Functions of Authority

[Section 8 Amended by No. 62 of 2005, s. 6, Applied:15 Dec 2005] [Section 8 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011] The Authority has the following functions:

(a) to administer a scheme of registration of pharmacy business premises;

(b) to approve the ownership of and interests in pharmacy businesses;

(c) to ensure that the services that pharmacy businesses provide from pharmacy business premises to the public are of the highest possible standard;

(d) to prosecute offences against this Act;

(e) to advise the Minister on matters relating to this Act;

(f) such other functions as are imposed on the Authority by this or any other Act or as may be prescribed.

9.   Powers of Authority

[Section 9 Amended by No. 62 of 2005, s. 7, Applied:15 Dec 2005] [Section 9 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011] The Authority has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, has power to –

(a) share information with pharmacists registration authorities and other relevant bodies; and

(b) publish and distribute information about this Act to pharmacists and other interested persons; and

(c) do anything incidental to any of its powers.

10.   Delegation

[Section 10 Amended by No. 62 of 2005, s. 8, Applied:15 Dec 2005] [Section 10 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011] The Authority may delegate any of its functions or powers, other than this power of delegation, to a member of the Authority, the Registrar or a committee.

11.   Guidelines

[Section 11 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011] [Section 11 Substituted by No. 22 of 2016, s. 7, Applied:01 Jan 2017]

(1)  The Authority may issue guidelines from time to time to provide practical guidance and direction to persons on the registration and renewal of registration of pharmacy business premises and other matters under this Act.

(2)  The guidelines –

(a) are to be written in plain language, follow a consistent style and format, and be as brief as possible consistent with their intended application; and

(b) may be made so as to apply differently according to such matters, limitations or restrictions, whether as to time, location, circumstance or otherwise, as are specified in them; and

(c) may confer responsibilities and discretionary responsibilities on the Authority; and

(d) may not purport to impose sanctions for any failure to comply with them; and

(e) may not contain provisions that are repugnant to the provisions of this or any other Act.

(3)  In the event that the provisions of any guideline are inconsistent with the provisions of any Act, the provisions of the Act always prevail.

(4)  The Authority may publish guidelines as it thinks fit having regard to their intended application.

(5)  No fee is chargeable or payable for issuing, supplying, obtaining or accessing a copy of any guidelines.

(6)  Guidelines are not –

(a) statutory rules for the purposes of the Rules Publication Act 1953 ; or

(b) instruments of a legislative character for the purposes of the Subordinate Legislation Act 1992 .

(7)  Guidelines are taken to be instruments to which section 22 of the Acts Interpretation Act 1931 applies.

12.   Compliance with Treasurer's Instructions

[Section 12 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] [Section 12 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011] Treasurer's Instructions issued under the Financial Management Act 2016 in relation to procurement and disposal apply to the Authority as if the Authority were an Agency within the meaning of that Act.

Division 3 - Miscellaneous

[Division 3 of Part 2 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

13.   Committees

[Section 13 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

(1)  The Authority may establish such committees as it considers necessary for the purpose of assisting it in the performance of any of its functions or the exercise of any of its powers or advising it on any matter relating to this Act.

(2)  Except as otherwise provided in this Act –

(a) a committee comprises such persons as the Authority appoints; and

(b) a member of the Authority may be a member of a committee.

(3)  A member of a committee is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Authority may from time to time determine and any such remuneration is to be paid by the Authority.

(4)  The Authority may give written directions to a committee and the committee must comply with any such directions.

(5)  A committee must keep accurate minutes of its proceedings.

(6)  Except as otherwise provided in this Act, a committee may regulate its own proceedings.

14.   Registrar

[Section 14 Subsection (1) amended by No. 2 of 2008, Sched. 1, Applied:17 Apr 2008] [Section 14 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

(1)  The Authority must appoint a Registrar.

(2)  The Registrar may be –

(a) an independent contractor to the Authority; or

(b) a person whose services are made available to the Authority pursuant to an arrangement under section 15 .

(3)  The Registrar is to act as secretary to the Authority.

14A.   

[Section 14A Inserted by No. 2 of 2008, Sched. 1, Applied:17 Apr 2008] [Section 14A Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

15.   Use by Authority of services of persons

[Section 15 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

(1)  The Authority may arrange with the Head of an Agency, within the meaning of the State Service Act 2000 , for the services of persons employed in that Agency to be made available to the Authority.

(2)  The Authority may arrange with any other person for the services of persons employed by that person to be made available to the Authority.

(3)  The cost of making a person's services available to the Authority in accordance with this section is to be met by the Authority.

16.   Protection from liability

[Section 16 Subsection (1) substituted by No. 2 of 2008, Sched. 1, Applied:17 Apr 2008] [Section 16 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

(1)  A person engaged in the administration of this Act does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for that purpose.

(2)  A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint.

Division 4 - Finance and reports

[Division 4 of Part 2 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

17.   Funds of Authority

[Section 17 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

(1)  The Authority is to keep such authorised deposit-taking institution accounts as it considers necessary.

(2)  The funds of the Authority are to be paid to the credit of such of the accounts referred to in subsection (1) as the Authority determines and are to consist of –

(a) money received by way of fees, fines, penalties and charges paid to or recovered by the Authority; and

(b) any money borrowed by the Authority; and

(c) any money received by the Authority from other sources.

(3)  The funds of the Authority are to be applied –

(a) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Authority in the performance of its functions and the exercise of its powers; and

(b) in the payment of any remuneration payable by the Authority.

(4)  The Authority may invest any money that it is holding in any manner in which a trustee is authorised by law to invest trust funds.

18.   Audit

[Section 18 Subsection (1) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009] [Section 18 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

(1)  The accounts and records of the Authority are subject to the Audit Act 2008 .

(2)  [Section 18 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] The Authority must pay into the Public Account such amounts as the Treasurer may require towards the reasonable costs and expenses of audits conducted pursuant to this section.

19.   Accounts

[Section 19 Substituted by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] [Section 19 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011] The Authority must keep proper accounts and records of its financial affairs and, not later than 15 August after the end of each financial year, prepare a statement of accounts in a form approved by the Auditor-General exhibiting a true and correct view of the financial position and transactions of the Authority for that financial year.

20.   Annual report

[Section 20 Subsection (2) amended by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] [Section 20 Subsection (6) amended by No. 42 of 2003, Sched. 1, Applied:04 Jul 2003] [Section 20 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

(1)  The Authority must, not later than 31 August after the end of each financial year, give the Minister a report on its operations for that financial year.

(2)  The report is to incorporate the audited statement of accounts prepared for the relevant financial year under section 19 .

(3)  The Minister may, in writing, direct the Authority to prepare the report in a particular way or to include particular information in the report.

(4)  The report may be appended to an annual report of the Department.

(5)  [Section 20 Subsection (5) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] Subsection (4) has effect notwithstanding section 36(3) of the State Service Act 2000 .

(6)  If the Authority's report is not appended to an annual report of the Department, the Minister must cause the Authority's report to be laid before each House of Parliament by not later than 31 October after the end of the financial year to which it relates.

PART 3 - .  .  .  .  .  .  .  .  

[Part 3 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011]

21.   

[Section 21 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

22.   

[Section 22 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

23.   

[Section 23 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

24.   

[Section 24 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

25.   

[Section 25 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

26.   

[Section 26 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

27.   

[Section 27 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

28.   

[Section 28 Amended by No. 62 of 2005, s. 9, Applied:15 Dec 2005] [Section 28 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

29.   

[Section 29 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

30.   

[Section 30 Subsection (3) amended by No. 62 of 2005, s. 10, Applied:15 Dec 2005] [Section 30 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

31.   

[Section 31 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

32.   

[Section 32 Subsection (3) amended by No. 62 of 2005, s. 11, Applied:15 Dec 2005] [Section 32 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

33.   

[Section 33 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

34.   

[Section 34 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

35.   

[Section 35 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

36.   

[Section 36 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

37.   

[Section 37 Subsection (7) amended by No. 62 of 2005, s. 12, Applied:15 Dec 2005] [Section 37 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

38.   

[Section 38 Subsection (1) amended by No. 62 of 2005, s. 13, Applied:15 Dec 2005] [Section 38 Subsection (4) amended by No. 2 of 2007, s. 13, Applied:17 Apr 2007] [Section 38 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

39.   

[Section 39 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

40.   

[Section 40 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

41.   

[Section 41 Repealed by No. 47 of 2010, s. 9, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

PART 4 - Inspections

[Part 4 Heading amended by No. 47 of 2010, s. 10, Applied:01 Feb 2011]

Division 1 - .  .  .  .  .  .  .  .  

[Division 1 of Part 4 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011]

42.   

[Section 42 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

43.   

[Section 43 Subsection (1) amended by No. 62 of 2005, s. 14, Applied:15 Dec 2005] [Section 43 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

44.   

[Section 44 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

Division 2 - .  .  .  .  .  .  .  .  

[Division 2 of Part 4 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011]

Subdivision 1 - .  .  .  .  .  .  .  .  

[Subdivision 1 of Division 2 of Part 4 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011]

45.   

[Section 45 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

Subdivision 2 - .  .  .  .  .  .  .  .  

[Subdivision 2 of Division 2 of Part 4 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011]

46.   

[Section 46 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

47.   

[Section 47 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

48.   

[Section 48 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

Subdivision 3 - .  .  .  .  .  .  .  .  

[Subdivision 3 of Division 2 of Part 4 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011]

49.   

[Section 49 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

50.   

[Section 50 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

Subdivision 4 - .  .  .  .  .  .  .  .  

[Subdivision 4 of Division 2 of Part 4 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011]

51.   

[Section 51 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

52.   

[Section 52 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

53.   

[Section 53 Subsection (5) amended by No. 62 of 2005, s. 15, Applied:15 Dec 2005] [Section 53 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

54.   

[Section 54 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

55.   

[Section 55 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

Division 3 - .  .  .  .  .  .  .  .  

[Division 3 of Part 4 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011]

56.   

[Section 56 Subsection (1) amended by No. 62 of 2005, s. 16, Applied:15 Dec 2005] [Section 56 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

57.   

[Section 57 Repealed by No. 47 of 2010, s. 11, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

58.   Interpretation

[Section 58 Substituted by No. 47 of 2010, s. 13, Applied:01 Feb 2011] In this Division –

relevant party means –

(a) [Section 58 Amended by No. 22 of 2016, s. 8, Applied:01 Jan 2017] in the case of registered pharmacy business premises, the owner of the relevant pharmacy business; and

(b) in the case of premises sought to be registered as pharmacy business premises, the applicant for registration; and

(c) in the case of all other premises, the person apparently in charge of those premises.

59.   Authorisation and powers of inspectors

(1)  [Section 59 Subsection (1) amended by No. 62 of 2005, s. 17, Applied:15 Dec 2005] [Section 59 Subsection (1) substituted by No. 47 of 2010, s. 14, Applied:01 Feb 2011] If –

(a) the Authority reasonably suspects that a person may be operating a pharmacy business in breach of this Act; or

(b) the Authority reasonably suspects that a person may be operating a pharmacy business from premises that may not be suitable for registration having regard to the matters set out in section 71E ; or

(c) the Authority receives a referral of a complaint from the Health Complaints Commissioner; or

(d) the Authority receives a request from a registration Board to inspect any premises; or

(e) premises sought to be registered are being made ready to be used or have been made ready to use for the purposes of a pharmacy business; or

(f) premises registered as pharmacy business premises have been, or are being, renovated or altered; or

(g) the Authority wishes to carry out a random inspection on registered pharmacy business premises for the purposes of auditing those premises against the matters set out in section 71E  –

the Authority may, in writing, authorise a person to act as an inspector.

(2)  [Section 59 Subsection (2) amended by No. 47 of 2010, s. 14, Applied:01 Feb 2011] [Section 59 Subsection (2) amended by No. 62 of 2005, s. 17, Applied:15 Dec 2005] On production of the authorisation, the inspector may at any reasonable time enter the relevant premises and do all or any of the following:

(a) inspect the premises generally;

(b) require the person apparently in charge of the premises to produce for inspection any document held at the premises;

(c) inspect and take notes of or extracts from any such document;

(d) make a copy of any such document;

(e) ask questions of and require answers from persons on the premises;

(f) take photographs;

(g) open and inspect containers or packages that the inspector reasonably suspects are used for the purpose of, or in connection with, the practice of pharmacy;

(h) examine or test any equipment held on the premises;

(i) [Section 59 Subsection (2) amended by No. 47 of 2010, s. 14, Applied:01 Feb 2011] require a person claiming to be a pharmacist to produce evidence of his or her registration as a pharmacist;

(j) [Section 59 Subsection (2) amended by No. 47 of 2010, s. 14, Applied:01 Feb 2011] if the inspector reasonably suspects that an offence has been committed against this Act, seize and, on furnishing a receipt, remove anything that in the reasonable opinion of the inspector is evidence of the offence or contravention;

(k) [Section 59 Subsection (2) amended by No. 47 of 2010, s. 14, Applied:01 Feb 2011] remove, on furnishing a receipt, any document found on the premises to the custody and control of the Authority for as long as the Authority considers necessary or expedient.

(3)  [Section 59 Subsection (3) amended by No. 62 of 2005, s. 17, Applied:15 Dec 2005] [Section 59 Subsection (3) substituted by No. 47 of 2010, s. 14, Applied:01 Feb 2011] If the Authority is satisfied that for legitimate reasons a person needs access to a document that has been removed from the person's pharmacy business premises to the custody and control of the Authority under subsection (2)(k) , the Authority in its discretion may –

(a) grant the person reasonable access to the document or to a copy of the document; or

(b) provide the person with a copy or certified copy of the document; or

(c) retain a copy of the document and return the original to the person.

(4)  A person must not give, agree to give or offer to an inspector a gift, reward or other inducement to do or abstain from doing anything in relation to an inspection.

Penalty:  Fine not exceeding 25 penalty units.

(5)  [Section 59 Subsection (5) substituted by No. 47 of 2010, s. 14, Applied:01 Feb 2011] Following an inspection, an inspector is to furnish the Authority with a report –

(a) detailing the nature of the inspection; and

(b) containing copies of any photographs or documents and particulars of any test, examination or items seized during the course of the inspection; and

(c) advising any recommendations of the inspector.

59A.   Powers of Authority following inspection

[Section 59A Inserted by No. 47 of 2010, s. 15, Applied:01 Feb 2011]

(1)  Following receipt of a report from an inspector under section 59 , the Authority may make a decision –

(a) that no further action be taken; or

(b) that action is required by the relevant party to ensure that the premises are suitable for use as pharmacy business premises; or

(c) that the premises are being unlawfully used as pharmacy business premises.

(2)  [Section 59A Subsection (2) substituted by No. 22 of 2016, s. 9, Applied:01 Jan 2017] If the Authority determines that action is required by the relevant party pursuant to subsection (1)(b) , the Authority may direct the relevant party to carry out specified works or actions in relation to the pharmacy business premises and, if it considers it appropriate to do so in the circumstances, further direct the relevant party to close, and not trade from, the pharmacy business premises until those works or actions have been carried out.

(3)  If the Authority determines that the premises are being unlawfully used as pharmacy business premises pursuant to subsection (1)(c) , the Authority may take appropriate action in accordance with this Act to prevent the further unlawful use of the premises as pharmacy business premises.

(4)  The Authority is to serve a notice of its decision made under subsection (1) on the relevant party.

(5)  The written decision of the Authority is to contain the following information:

(a) the reason for the decision;

(b) in the case of a decision referred to in subsection (1)(b)  –

(i) a general description of the work to be carried out at the premises; and

(ii) whether the decision includes a direction under subsection (2)(b) that the pharmacy business premises be closed until the work or actions have been carried out; and

(iii) the day on which the decision is to take effect; and

(iv) the relevant party's right to appeal against the decision to the responsible tribunal under section 60 ;

(c) in the case of a decision referred to in subsection (1)(c)  –

(i) a statement to the effect that the premises are being unlawfully used as pharmacy business premises; and

(ii) a statement to the effect that the premises must not continue to be used as pharmacy business premises; and

(iii) the date upon which the notice was served; and

(iv) the relevant party's right to appeal against the decision to the responsible tribunal under section 60 .

(6)  A decision of the Authority referred to in subsection (1)(b) or (c) takes effect notwithstanding the relevant party's right of appeal.

(7)  Nothing in subsection (6) is intended to restrict –

(a) a relevant party's right to appeal the decision of the Authority; or

(b) the responsible tribunal's power to order a stay of the decision; or

(c) the Authority's power to prosecute for an offence committed under this Act.

(8)  If the Authority's decision under subsection (1)(b) or (c) takes effect, the Authority may do any or all of the following:

(a) give notice of its decision to a registration board and such other bodies as it considers appropriate;

(b) give notice of its decision to the Secretary;

(c) cause notice of its decision to be published in the Gazette, in any newspaper or in any professional publication related to the practice of pharmacy;

(d) cause notice of its decision to be published in any other way it considers appropriate.

(9)  The Authority may not do any of the things specified in subsection (8) until –

(a) the expiration of the period within which the relevant party may lodge an appeal against the decision; or

(b) if the relevant party lodges an appeal against the decision, the decision is affirmed or varied by the responsible tribunal or the appeal is withdrawn.

(10)  The Authority, as an alternative to taking action under subsection (2)(a) or (b) , may accept an undertaking from the relevant party to take or refrain from taking specified action either generally or within a specified period of time.

(11)  If the Authority has appointed an inspector following the referral of a complaint from the Health Complaints Commissioner, the Authority must, within a reasonable period, notify the Health Complaints Commissioner of the outcome of the inspection, including details of any notice served under subsection (4) .

(12)  If the Authority has appointed an inspector following a request from a registration board, the Authority must, within a reasonable period, notify the relevant registration board of the outcome of the inspection, including details of any notice served under subsection (4) .

59B.   Failure to comply with Authority's direction

[Section 59B Inserted by No. 47 of 2010, s. 15, Applied:01 Feb 2011]

(1)  If the Authority –

(a) takes action under section 59A(2)(a) or (b) ; or

(b) accepts an undertaking under section 59A(10)  –

and the relevant party fails to comply with the direction or undertaking, the Authority may take action under section 71H .

(2)  The Authority may not take action under section 71H until –

(a) the expiration of the period within which the relevant party may lodge an appeal against the decision; or

(b) if the relevant party lodges an appeal against the decision, the decision is affirmed or varied by the responsible tribunal or the appeal is withdrawn.

PART 5 - Appeals

60.   Right of appeal

(1)  [Section 60 Subsection (1) amended by No. 18 of 2021, s. 303, Applied:05 Nov 2021] [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] A person may appeal to the responsible tribunal if the person is aggrieved by a decision of the Authority that is made for the purposes of this Act.

(a) [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(b) [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(c) [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(d) [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(e) [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(f) [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(g) [Section 60 Subsection (1) amended by No. 62 of 2005, s. 18, Applied:15 Dec 2005] [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(h) [Section 60 Subsection (1) amended by No. 62 of 2005, s. 18, Applied:15 Dec 2005] [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(i) [Section 60 Subsection (1) amended by No. 62 of 2005, s. 18, Applied:15 Dec 2005] [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(j) [Section 60 Subsection (1) amended by No. 62 of 2005, s. 18, Applied:15 Dec 2005] [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(k) [Section 60 Subsection (1) amended by No. 62 of 2005, s. 18, Applied:15 Dec 2005] [Section 60 Subsection (1) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(2)  [Section 60 Subsection (2) amended by No. 47 of 2010, s. 16, Applied:01 Feb 2011] The appeal is to be instituted within 28 days after notice of the Authority's decision is given to the person.

61.   

[Section 61 Subsection (1) amended by No. 47 of 2010, s. 17, Applied:01 Feb 2011] [Section 61 Repealed by No. 18 of 2021, s. 304, Applied:05 Nov 2021] .  .  .  .  .  .  .  .  

PART 5A - Interests in Pharmacy Businesses

61A.   Application of Part

[Section 61A Inserted by No. 47 of 2010, s. 18, Applied:01 Feb 2011]

(1)  This Part does not bind the Crown.

(2)  This Part does not apply to a pharmacy business located wholly within a hospital operated by an agency or instrumentality of the Crown in right of Tasmania or the Commonwealth.

(3)  In this Part –[Section 61A Subsection (3) amended by No. 22 of 2016, s. 10, Applied:01 Jan 2017]

[Section 61A Subsection (3) amended by No. 22 of 2016, s. 10, Applied:01 Jan 2017] close relative, of a pharmacist, means –

(a) the spouse of the pharmacist; or

(b) the son, daughter, grandson or granddaughter of the pharmacist; or

(c) any child of the spouse of the pharmacist, of whom the pharmacist is not the natural parent; or

(d) the father, stepfather, mother or stepmother of the pharmacist; or

(e) the brother, step-brother, sister or step-sister of the pharmacist;

spouse, in relation to a pharmacist, includes a person who is in a significant relationship with the pharmacist within the meaning of the Relationships Act 2003 .

61B.   Applying to hold an interest in pharmacy business

[Section 61B Inserted by No. 47 of 2010, s. 18, Applied:01 Feb 2011]

(1)  [Section 61B Subsection (1) amended by No. 22 of 2016, s. 11, Applied:01 Jan 2017] A person, including a body corporate, that intends to hold an interest in a pharmacy business must apply to the Authority for a certificate deeming the person to be eligible to hold an interest in a pharmacy business (an eligibility certificate), unless the person is an exempt person.

(2)  An application is to be –

(a) in an approved form; and

(b) lodged with the Authority; and

(c) accompanied by the prescribed application fee, if any; and

(d) accompanied by such information or evidence as the Authority requires.

(3)  [Section 61B Subsection (3) amended by No. 22 of 2016, s. 11, Applied:01 Jan 2017] The Authority may require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.

(4)  The Authority may waive all or part of the application fee.

(5)  The Authority, after considering an application for an eligibility certificate may –

(a) issue an eligibility certificate; or

(b) refuse to issue an eligibility certificate.

(6)  The Authority must issue an eligibility certificate to an applicant if –

(a) the applicant is an eligible person within the meaning of section 61C ; and

(b) the applicant is a fit and proper person, and in the case of a body corporate each of its members is a fit and proper person, to hold an interest in a pharmacy business; and

(c) the applicant complies with subsections (2) and (3) .

(7)  [Section 61B Subsection (7) amended by No. 22 of 2016, s. 11, Applied:01 Jan 2017] An eligibility certificate remains in force until the earlier of the following:

(a) [Section 61B Subsection (7) amended by No. 22 of 2016, s. 11, Applied:01 Jan 2017] the lapsing date following its date of issue;

(b) the end of the period of 14 days commencing on the day a change occurs in the matters relied upon in support of the application for the certificate.

(8)  If the Authority refuses to issue an eligibility certificate, the Authority is to give the applicant notice of –

(a) the refusal; and

(b) the reasons for the refusal; and

(c) [Section 61B Subsection (8) amended by No. 22 of 2016, s. 11, Applied:01 Jan 2017] the right to appeal the refusal.

61C.   Eligibility

[Section 61C Inserted by No. 47 of 2010, s. 18, Applied:01 Feb 2011]

(1)  [Section 61C Subsection (1) amended by No. 22 of 2016, s. 12, Applied:01 Jan 2017] A person is eligible to hold an interest in a pharmacy business if, and only if –

(a) [Section 61C Subsection (1) amended by No. 22 of 2016, s. 12, Applied:01 Jan 2017] in the case of a natural person, he or she is a pharmacist, whether or not that pharmacist has had his or her registration suspended within the meaning of the Health Practitioner Regulation National Law (Tasmania); or

(b) in the case of a partnership, each member of the partnership is a pharmacist whether or not one or more of those pharmacists have had their registrations suspended within the meaning of the National Practitioner Regulation National Law (Tasmania); or

(c) [Section 61C Subsection (1) amended by No. 22 of 2016, s. 12, Applied:01 Jan 2017] [Section 61C Subsection (1) amended by No. 13 of 2019, Sched. 1, Applied:18 Jun 2019] in the case of a body corporate, each director of the body corporate is a pharmacist and each other member of the body corporate is a pharmacist or a close relative of a pharmacist and –

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

(ii) all the shares and the beneficial interest in those shares are held by pharmacists or close relatives of a pharmacist; and

(iii) control and supervision of any pharmacy services carried on by the pharmacy business are vested in a person who is a pharmacist or in persons who are pharmacists; or

(d) the person is a body corporate lawfully permitted to call itself a Friendly Society and –

(i) control and supervision of the pharmacy business is, or will be, vested in a pharmacist; and

(ii) that body corporate held an interest in a pharmacy business in this State before the commencement of the Pharmacists Registration Amendment Act 2010 .

(2)  Nothing in this section prevents a person who is eligible under subsection (1) from holding the eligible person's interest on trust for a beneficiary if each beneficiary is –

(a) a pharmacist; or

(b) [Section 61C Subsection (2) amended by No. 22 of 2016, s. 12, Applied:01 Jan 2017] a close relative of a pharmacist; or

(c) [Section 61C Subsection (2) amended by No. 22 of 2016, s. 12, Applied:01 Jan 2017] a trustee of another trust, each beneficiary or, if applicable, each unit holder of which is –

(i) a pharmacist; or

(ii) a close relative of a pharmacist.

61D.   Exemptions

[Section 61D Amended by No. 22 of 2016, s. 13, Applied:01 Jan 2017] [Section 61D Inserted by No. 47 of 2010, s. 18, Applied:01 Feb 2011] A person is exempt from the requirement to apply for an eligibility certificate if –

(a) the person is a member of a body corporate that has applied for, or holds, an eligibility certificate; or

(b) [Section 61D Amended by No. 22 of 2016, s. 13, Applied:01 Jan 2017] the person is a beneficiary of or unit holder in a trust referred to in section 61C(2) and the trustee of that trust has applied for, or holds, an eligibility certificate; or

(c) the person is the executor, administrator or trustee of the estate of a pharmacist who has died or become bankrupt while holding an interest in a pharmacy business, and –

(i) the executor, administrator or trustee notifies the Authority that it has assumed the interest within 14 days of so assuming; and

(ii) control and supervision of any pharmacy services carried on by that pharmacy business are vested in a pharmacist; and

(iii) a period not exceeding the duration of the eligibility certificate held by the pharmacist prior to his or her death or bankruptcy, or such longer time as the Authority determines, has not elapsed; or

(d) the person is an administrator or liquidator of a body corporate that has become insolvent while holding an interest in a pharmacy business and –

(i) the administrator or liquidator notifies the Authority that it has assumed the interest within 14 days of so assuming; and

(ii) control and supervision of any pharmacy services carried on by that pharmacy business are vested in a pharmacist; and

(iii) a period not exceeding the duration of the eligibility certificate held by the body corporate prior to its insolvency, or such longer time as the Authority determines, has not elapsed; or

(e) the person assumes the administration of the property of a pharmacist under a mortgage, bill of sale or security interest and –

(i) the person notifies the Authority within 14 days of so assuming; and

(ii) control and supervision of any pharmacy services carried on on the property are vested in a pharmacist; and

(iii) a period not exceeding the duration of the eligibility certificate held by the pharmacist prior to the assumption of the pharmacist's property, or such longer time as the Authority determines, has not elapsed.

61E.   Annual renewal of eligibility certificate

[Section 61E Inserted by No. 47 of 2010, s. 18, Applied:01 Feb 2011]

(1)  On or before the lapsing date each year, the holder of an eligibility certificate may apply for the renewal of the eligibility certificate.

(2)  An application for renewal of an eligibility certificate is to be –

(a) in an approved form; and

(b) lodged with the Authority; and

(c) accompanied by the prescribed renewal fee, if any; and

(d) accompanied by such information or evidence as the Authority requires.

(3)  The Authority may, upon receipt of an application for renewal of an eligibility certificate, require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.

(4)  The Authority may waive all or part of the fee.

(5)  The Authority, after considering an application for renewal of an eligibility certificate may –

(a) renew an eligibility certificate; or

(b) refuse to renew an eligibility certificate.

(6)  The Authority may refuse to renew an eligibility certificate if –

(a) the applicant fails to comply with subsection (2) or (3) ; or

(b) the Authority reasonably believes that the applicant no longer meets the criteria for eligibility set out in section 61B(6) ; or

(c) the Authority is satisfied that the facts or matters relied upon in support of the original application, including, in the case of a body corporate, details of its membership, have changed; or

(d) the application is made more than 30 days after the lapsing date.

(7)  If the Authority refuses to renew an eligibility certificate, the Authority is to give the applicant notice of –

(a) the refusal; and

(b) the reasons for the refusal; and

(c) [Section 61E Subsection (7) amended by No. 22 of 2016, s. 14, Applied:01 Jan 2017] the right to appeal the refusal.

(8)  A person who applies after the lapsing date but within 30 days after the due date is liable to pay the prescribed late fee.

(9)  If a person applies for a renewal of an eligibility certificate on or before the lapsing date in accordance with subsection (1) or within 30 days after the lapsing date in accordance with subsection (8) , the eligibility certificate is taken to continue until the earlier of the following:

(a) the date upon which the Authority renews the eligibility certificate;

(b) the date upon which the Authority gives a notice under subsection (7) .

(10)  Nothing in this section prevents a person from applying for a new eligibility certificate where the facts and matters relied upon in support of the original application, including, in the case of a body corporate, details of its membership, have changed.

61F.   Persons are not required to hold more than one eligibility certificate

[Section 61F Inserted by No. 22 of 2016, s. 15, Applied:01 Jan 2017]

(1)  Subject to section 65 , an eligibility certificate has effect for multiple pharmacy businesses and, accordingly, a person who holds an interest in more than one pharmacy business is not required to hold more than the one eligibility certificate in respect of those interests.

(2)  However, subsection (1) applies only if, and only to the extent that, the person holds the various interests in the same legal capacity.

PART 6 - Public and professional safeguards

[Part 6 Heading amended by No. 47 of 2010, s. 19, Applied:01 Feb 2011]

Division 1 - Public and professional safeguards

62.   Offence for certain persons to hold interest in pharmacy business &c.

[Section 62 Subsection (1) amended by No. 62 of 2005, s. 19, Applied:15 Dec 2005] [Section 62 Subsection (2) amended by No. 72 of 2004, s. 4, Applied:17 Dec 2004] [Section 62 Subsection (2) amended by No. 62 of 2005, s. 19, Applied:15 Dec 2005] [Section 62 Subsection (2A) inserted by No. 72 of 2004, s. 4, Applied:17 Dec 2004] [Section 62 Subsection (3) amended by No. 62 of 2005, s. 19, Applied:15 Dec 2005] [Section 62 Subsection (3) amended by No. 72 of 2004, s. 4, Applied:17 Dec 2004] [Section 62 Subsection (3) amended by No. 62 of 2005, s. 19, Applied:15 Dec 2005] [Section 62 Subsection (3) amended by No. 72 of 2004, s. 4, Applied:17 Dec 2004] [Section 62 Subsection (3) amended by No. 62 of 2005, s. 19, Applied:15 Dec 2005] [Section 62 Substituted by No. 47 of 2010, s. 20, Applied:01 Feb 2011]

(1)  [Section 62 Subsection (1) amended by No. 22 of 2016, s. 16, Applied:01 Jan 2017] A person must not hold an interest in a pharmacy business unless –

(a) the person holds an eligibility certificate; or

(b) [Section 62 Subsection (1) amended by No. 22 of 2016, s. 16, Applied:01 Jan 2017] the person is an exempt person.

Penalty:  Fine not exceeding 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

(2)  A person who holds an eligibility certificate must not hold an interest in a pharmacy business if the person knows or ought to know that the facts relied upon in support of the application for an eligibility certificate have changed and the person has not, within 14 days since the change, applied for a new eligibility certificate.

Penalty:  Fine not exceeding 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

63.   

[Section 63 Repealed by No. 47 of 2010, s. 21, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

64.   

[Section 64 Repealed by No. 47 of 2010, s. 21, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

65.   Limitation on number of pharmacies in which person may have interest

[Section 65 Amended by No. 72 of 2004, s. 5, Applied:17 Dec 2004] [Section 65 Substituted by No. 62 of 2005, s. 20, Applied:15 Dec 2005]

(1)  [Section 65 Subsection (1) amended by No. 22 of 2016, s. 17, Applied:01 Jan 2017] [Section 65 Subsection (1) amended by No. 47 of 2010, s. 22, Applied:01 Feb 2011] A person, including a body corporate, must not, at any one time, either alone or in partnership with another person or as a member of a body corporate or as a trustee, beneficiary or unit holder of a trust, hold an interest in more than 4 pharmacy businesses.

Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(2)  In this section –

[Section 65 Subsection (2) amended by No. 22 of 2016, s. 17, Applied:01 Jan 2017] pharmacy business means a pharmacy business that is carried on in or from the one premises;

[Section 65 Subsection (2) amended by No. 22 of 2016, s. 17, Applied:01 Jan 2017] premises does not include individual premises that are the subject of an exemption under section 71J that has been granted for a period not exceeding 3 months.

66.   Protection of title

[Section 66 Substituted by No. 47 of 2010, s. 23, Applied:01 Feb 2011] A person must not, in the course of carrying on business, use the word "pharmacy" to describe the business or the premises unless the business premises are registered under this Act.

Penalty:  Fine not exceeding 100 penalty units.

Division 2 - General offences

67.   Time limit for prosecuting offences

[Section 67 Subsection (1) amended by No. 62 of 2005, s. 21, Applied:15 Dec 2005] [Section 67 Substituted by No. 47 of 2010, s. 24, Applied:01 Feb 2011] Proceedings for an offence against this Act may be commenced not later than 24 months after the date on which the offence is alleged to have been committed.

68.   Offences of dishonesty

(1)  A person must not make or produce, or cause to be made or produced, a false or misleading statement, either orally or in writing, in connection with –

(a) [Section 68 Subsection (1) amended by No. 47 of 2010, s. 25, Applied:01 Feb 2011] an application; or

(b) [Section 68 Subsection (1) amended by No. 47 of 2010, s. 25, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(c) an inspection.

Penalty:  [Section 68 Subsection (1) amended by No. 47 of 2010, s. 25, Applied:01 Feb 2011] Fine not exceeding 100 penalty units.

(2)  [Section 68 Subsection (2) omitted by No. 47 of 2010, s. 25, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(3)  [Section 68 Subsection (3) omitted by No. 47 of 2010, s. 25, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

69.   Obstruction &c.

A person must not obstruct, hinder, threaten or intimidate another person –

(a) in the exercise by the other person of a power conferred by this Act; or

(b) in the performance of a duty imposed on the other person by this Act.

Penalty:  [Section 69 Amended by No. 47 of 2010, s. 26, Applied:01 Feb 2011] Fine not exceeding 100 penalty units.

70.   Offences relating to inspections &c.

(1)  A person must not, without reasonable excuse –

(a) [Section 70 Subsection (1) amended by No. 47 of 2010, s. 27, Applied:01 Feb 2011] fail to attend an inspection; or

(b) [Section 70 Subsection (1) amended by No. 47 of 2010, s. 27, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

(c) [Section 70 Subsection (1) amended by No. 47 of 2010, s. 27, Applied:01 Feb 2011] fail to produce a document when required to do so by a person conducting an inspection; or

(d) [Section 70 Subsection (1) amended by No. 47 of 2010, s. 27, Applied:01 Feb 2011] fail to answer a question when required to do so by a person conducting an inspection.

Penalty:  [Section 70 Subsection (1) amended by No. 47 of 2010, s. 27, Applied:01 Feb 2011] Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  [Section 70 Subsection (2) amended by No. 47 of 2010, s. 27, Applied:01 Feb 2011] A person may be required by a person conducting an inspection to answer a question or produce a document notwithstanding that the answer to the question or the contents of the document may tend to incriminate the person.

(3)  [Section 70 Subsection (3) amended by No. 47 of 2010, s. 27, Applied:01 Feb 2011] If a person objects to answering a question or producing a document on the grounds that to do so may tend to incriminate the person, the answer to the question or the contents of the document are not admissible in evidence in any other proceedings in relation to the person, other than proceedings in relation to an offence under section 68 or in relation to an appeal under Part 5 .

70A.   Failure to notify Authority

[Section 70A Inserted by No. 47 of 2010, s. 28, Applied:01 Feb 2011]

(1)  In this section –

[Section 70A Subsection (1) amended by No. 22 of 2016, s. 18, Applied:01 Jan 2017] relevant event, in relation to a person, means –

(a) for an individual –

(i) his or her registration as a pharmacist under the Health Practitioner Regulation National Law (Tasmania) is suspended or cancelled or made subject to a condition or another restriction; or

(ii) he or she is charged, whether in this State or elsewhere, with an offence punishable by imprisonment for a term of 12 months or longer; or

(iii) he or she is convicted of, or is the subject of a finding of guilt for, an offence, whether in this State or elsewhere, punishable by imprisonment; and

(b) for a body corporate, there is a change to the membership or particulars of the body corporate; and

(c) for any person –

(i) the person's authority under a law of a State or Territory to obtain, possess, sell or supply a scheduled medicine or a class of scheduled medicines is cancelled or restricted; or

(ii) there is a change of trustees, beneficiaries or, if applicable, unit holders of a trust in which the person has any legal or equitable interest, being a trust that holds an interest in a pharmacy business in this State;

[Section 70A Subsection (1) amended by No. 22 of 2016, s. 18, Applied:01 Jan 2017] scheduled medicine means a substance included for the time being in Schedule 2, 3, 4 or 8 to the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) produced by the Australian Committee for Chemicals Scheduling (AACS), being a committee of the regulatory body known as the Therapeutic Goods Administration (TGA), which is a part of the Commonwealth Government Department responsible for the administration of the Therapeutic Goods Act 1989 ;

(2)  A person who holds an eligibility certificate must, within 14 days after becoming aware that a relevant event has occurred in relation to that person, give the Authority written notice of the event.

Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

70B.   Improper directions and inducements

[Section 70B Inserted by No. 47 of 2010, s. 28, Applied:01 Feb 2011]

(1)  In this section –

induce means induce by making a threat or offering approval, encouragement or a reward.

(2)  A person must not direct, induce, assist or allow a person to engage in any conduct that the person knows, or ought to know, constitutes or is reasonably likely to constitute a breach of this Act.

Penalty:  Fine not exceeding 100 penalty units.

71.   Failure to comply with orders

[Section 71 Substituted by No. 47 of 2010, s. 29, Applied:01 Feb 2011] A person must not –

(a) report or otherwise disclose any proceedings of a meeting of the Authority contrary to an order of the Authority; or

(b) report or otherwise disclose any information in relation to a meeting of the Authority contrary to an order of the Authority; or

(c) fail to comply with any other order or direction of the Authority.

Penalty:  Fine not exceeding 100 penalty units.

PART 6A - Registration of pharmacy business premises

Division 1 - [Division 1 of Part 6A Heading inserted by No. 22 of 2016, s. 20, Applied:01 Jan 2017] Preliminary

71A.   

[Section 71A Inserted by No. 62 of 2005, s. 22, Applied:15 Dec 2005] [Section 71A Substituted by No. 47 of 2010, s. 30, Applied:01 Feb 2011] [Section 71A Repealed by No. 22 of 2016, s. 19, Applied:01 Jan 2017] .  .  .  .  .  .  .  .  

71B.   Application of Part

[Section 71B Inserted by No. 62 of 2005, s. 22, Applied:15 Dec 2005]

(1)  This Part does not bind the Crown.

(2)  This Part does not apply to –

(a) [Section 71B Subsection (2) amended by No. 47 of 2010, s. 31, Applied:01 Feb 2011] pharmacy business premises that are located wholly within a hospital operated by an agency or instrumentality of the Crown in right of Tasmania or the Commonwealth; or

(b) prescribed premises, prescribed persons or prescribed pharmacy practices or services.

Division 2 - [Division 2 of Part 6A Heading inserted by No. 22 of 2016, s. 21, Applied:01 Jan 2017] Registration

71C.   Pharmacy business premises to be registered

[Section 71C Amended by No. 47 of 2010, s. 32, Applied:01 Feb 2011] [Section 71C Inserted by No. 62 of 2005, s. 22, Applied:15 Dec 2005] A person must not use any premises for the purposes of a pharmacy business unless those premises are –

(a) registered as pharmacy business premises; or

(b) exempt, under section 71J , from the requirement to be registered as pharmacy business premises.

Penalty:  [Section 71C Amended by No. 47 of 2010, s. 32, Applied:01 Feb 2011] Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

71D.   Applications for registration of pharmacy business premises

[Section 71D Inserted by No. 62 of 2005, s. 22, Applied:15 Dec 2005]

(1)  [Section 71D Subsection (1) amended by No. 47 of 2010, s. 33, Applied:01 Feb 2011] A person may apply to the Authority to have premises registered as pharmacy business premises.

(2)  The application is to be –

(a) in an approved form; and

(b) [Section 71D Subsection (2) amended by No. 47 of 2010, s. 33, Applied:01 Feb 2011] lodged with the Authority; and

(c) accompanied by the prescribed application fee, if any; and

(d) [Section 71D Subsection (2) amended by No. 47 of 2010, s. 33, Applied:01 Feb 2011] accompanied by such information or evidence as the Authority requires.

(3)  [Section 71D Subsection (3) amended by No. 47 of 2010, s. 33, Applied:01 Feb 2011] The Authority may require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.

(4)  [Section 71D Subsection (4) amended by No. 47 of 2010, s. 33, Applied:01 Feb 2011] The Authority may waive all or part of the fee.

71E.   Consideration of applications for registration of pharmacy business premises

[Section 71E Inserted by No. 62 of 2005, s. 22, Applied:15 Dec 2005]

(1)  [Section 71E Subsection (1) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011] The Authority, after considering an application to have premises registered as pharmacy business premises, may –

(a) [Section 71E Subsection (1) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011] approve the application subject to any conditions that the Authority thinks appropriate; or

(b) refuse the application.

(2)  [Section 71E Subsection (2) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011] However, the Authority must not approve the application unless it is satisfied that –

(a) the applicant –

(i) is an eligible person; or

(ii) has, by virtue of some other status, reasonable grounds for making the application; and

(b) [Section 71E Subsection (2) amended by No. 22 of 2016, s. 22, Applied:01 Jan 2017] .  .  .  .  .  .  .  .  

(c) the premises –

(i) are not located wholly or partly within a supermarket; or

(ii) are not capable of being entered from within a supermarket; or

(iii) are not capable of being used to gain entry to a supermarket; and

(d) [Section 71E Subsection (2) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011] the premises sought to be registered are suitable, or are being made suitable, to be used for the purposes of a pharmacy business.

(3)  [Section 71E Subsection (3) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011] The matters that the Authority may have regard to for the purposes of subsection (2)(d) include, but are not limited to –

(a) the standard or proposed standard of presentation of the premises, including the external appearance and internal fittings; and

(b) the physical condition of the premises, and the condition of associated amenities such as lighting, ventilation and sanitation; and

(c) the security of the premises and, in particular, the security of dispensing and storage areas; and

(d) key professional requirements such as the need for –

(i) professional supervision of the sale and supply of medicines and drugs; and

(ii) customer privacy and counselling; and

(iii) sufficient storage for medicines and drugs; and

(e) whether there is or will be reasonable public access to the premises and, in particular, access for disabled persons; and

(f) if there is or will be direct access to or from adjoining premises, the nature of the activities carried out on those adjoining premises; and

(g) any issues of compliance regarding State or council legislative requirements on matters such as fire safety and occupational health and safety; and

(h) in the case of leased premises, the terms of the lease.

(4)  For the purposes of subsection (2)(c)  –

(a) a supermarket is taken to be any large enclosed shop that primarily sells fresh and processed foods (including beverages) and where the selection of goods is organised on a self-serve basis, even though –

(i) customer advice may always or sometimes be available in the shop; and

(ii) customer service and assistance may always or sometimes be available in a part of the shop; and

(iii) other goods (including household goods like cleaning and kitchen products and personal care products like toiletries) may also be offered for sale in the shop; and

(b) a large enclosed shop that sells general merchandise (commonly known as a department store) is not taken to be a supermarket even though it may –

(i) contain a restaurant or café; or

(ii) sell specialty foods such as biscuits, confectionery and condiments.

(5)  [Section 71E Subsection (5) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011] If the Authority is unsure, in respect of an application under this Part, whether or not any premises are a supermarket, it may apply to the Secretary for a ruling.

(6)  If subsection (5) applies –

(a) the Secretary, after making such inquiries as he or she considers necessary, may, in writing, make the ruling; and

(b) [Section 71E Subsection (6) amended by No. 47 of 2010, s. 34, Applied:01 Feb 2011] the Authority is bound by that ruling.

71F.   Approval or refusal of applications

[Section 71F Inserted by No. 62 of 2005, s. 22, Applied:15 Dec 2005]

(1)  If an application to have premises registered as pharmacy business premises is approved –

(a) [Section 71F Subsection (1) amended by No. 47 of 2010, s. 35, Applied:01 Feb 2011] the Authority is to register the premises by making an appropriate entry in the register; and

(b) [Section 71F Subsection (1) amended by No. 47 of 2010, s. 35, Applied:01 Feb 2011] the registration takes effect as soon as the Authority has complied with paragraph (a) .

(2)  [Section 71F Subsection (2) substituted by No. 47 of 2010, s. 35, Applied:01 Feb 2011] The Authority, as soon as practicable after registering the premises, must give the applicant a certificate of registration, in an approved form, in evidence of the registration.

(3)  [Section 71F Subsection (3) amended by No. 47 of 2010, s. 35, Applied:01 Feb 2011] If an application to have premises registered as pharmacy business premises is refused, the Authority is to give the applicant notice of –

(a) the refusal; and

(b) the reasons for the refusal; and

(c) [Section 71F Subsection (3) amended by No. 22 of 2016, s. 23, Applied:01 Jan 2017] the right to appeal the refusal.

71G.   Nature of registration of pharmacy business premises

[Section 71G Inserted by No. 62 of 2005, s. 22, Applied:15 Dec 2005]

(1)  [Section 71G Subsection (1) amended by No. 22 of 2016, s. 24, Applied:01 Jan 2017] [Section 71G Subsection (1) amended by No. 47 of 2010, s. 36, Applied:01 Feb 2011] The registration of pharmacy business premises remains in force, subject to any period of suspension, until the lapsing date following the date on which it takes effect.

(2)  [Section 71G Subsection (2) amended by No. 47 of 2010, s. 36, Applied:01 Feb 2011] However, the period of registration of pharmacy business premises is not to exceed 12 months.

(3)  [Section 71G Subsection (3) amended by No. 47 of 2010, s. 36, Applied:01 Feb 2011] For the avoidance of doubt, the registration of pharmacy business premises is not affected by a transfer in the ownership of the premises.

71H.   Registration of pharmacy business premises may be cancelled or suspended

[Section 71H Inserted by No. 62 of 2005, s. 22, Applied:15 Dec 2005]

(1)  [Section 71H Subsection (1) amended by No. 47 of 2010, s. 37, Applied:01 Feb 2011] The Authority may cancel or suspend the registration of premises as pharmacy business premises if it is satisfied that –

(a) the premises have temporarily ceased to be used for the purposes of a pharmacy business; or

(b) [Section 71H Subsection (1) amended by No. 47 of 2010, s. 37, Applied:01 Feb 2011] having regard to the matters set out in section 71E(3) , the premises are no longer suitable to be used for the purposes of a pharmacy business; or

(c) [Section 71H Subsection (1) amended by No. 47 of 2010, s. 37, Applied:01 Feb 2011] [Section 71H Subsection (1) amended by No. 22 of 2016, s. 25, Applied:01 Jan 2017] there has been, in respect of the premises, a failure to comply with a decision of the Authority made pursuant to section 59A(1)(b) within the time specified in a notice under section 59A(1) or, if no time is specified, within a time that the Authority considers reasonable.

(2)  [Section 71H Subsection (2) amended by No. 47 of 2010, s. 37, Applied:01 Feb 2011] The Authority is to cancel the registration of premises as pharmacy business premises if it is satisfied that –

(a) the premises have been, or are about to be, demolished; or

(b) the premises have ceased permanently to be, or are incapable of ever again being, used for the purposes of a pharmacy business.

(3)  [Section 71H Subsection (3) amended by No. 22 of 2016, s. 25, Applied:01 Jan 2017] [Section 71H Subsection (3) amended by No. 47 of 2010, s. 37, Applied:01 Feb 2011] If the Authority decides to cancel or suspend the registration of any premises as pharmacy business premises, it is to make an appropriate entry to that effect in the register and give the owner of the relevant pharmacy business notice of –

(a) the cancellation or suspension; and

(b) the reasons for the cancellation or suspension; and

(c) [Section 71H Subsection (3) amended by No. 47 of 2010, s. 37, Applied:01 Feb 2011] in the case of a suspension on the ground referred to in subsection (1)(b) or (c) , the actions that need to be taken to have the suspension revoked; and

(d) [Section 71H Subsection (3) amended by No. 22 of 2016, s. 25, Applied:01 Jan 2017] the right to appeal the cancellation or suspension.

(4)  [Section 71H Subsection (4) substituted by No. 22 of 2016, s. 25, Applied:01 Jan 2017] The cancellation takes effect when the notice under subsection (3) is given to the owner of the relevant pharmacy business premises or on such later date as is specified in the notice.

(4A)  [Section 71H Subsection (4A) inserted by No. 22 of 2016, s. 25, Applied:01 Jan 2017] Where the relevant pharmacy business is jointly owned, the Authority is to give each of the owners notice under subsection (3) but if, after making a reasonable attempt, it is unable to do so, subsection (4) still applies provided at least one of the owners has been given the notice.

(5)  [Section 71H Subsection (5) amended by No. 47 of 2010, s. 37, Applied:01 Feb 2011] The Authority, for any reason it considers sufficient, may revoke the suspension of the registration of premises as pharmacy business premises at any time.

(6)  [Section 71H Subsection (6) amended by No. 22 of 2016, s. 25, Applied:01 Jan 2017] [Section 71H Subsection (6) amended by No. 47 of 2010, s. 37, Applied:01 Feb 2011] If the Authority decides to suspend the registration of premises as pharmacy business premises it may afford the owner of the relevant pharmacy business an opportunity to be heard but it is not required to do so.

(7)  [Section 71H Subsection (7) inserted by No. 47 of 2010, s. 37, Applied:01 Feb 2011] [Section 71H Subsection (7) omitted by No. 22 of 2016, s. 25, Applied:01 Jan 2017] .  .  .  .  .  .  .  .  

71I.   Registration of pharmacy business premises may be relinquished

[Section 71I Inserted by No. 62 of 2005, s. 22, Applied:15 Dec 2005]

(1)  [Section 71I Subsection (1) amended by No. 47 of 2010, s. 38, Applied:01 Feb 2011] [Section 71I Subsection (1) substituted by No. 22 of 2016, s. 26, Applied:01 Jan 2017] The registration of pharmacy business premises may be relinquished at any time.

(1A)  [Section 71I Subsection (1A) inserted by No. 22 of 2016, s. 26, Applied:01 Jan 2017] To effect the relinquishment, the owner of the relevant pharmacy business or, if it is jointly owned, each of the owners jointly or severally is to give an appropriate notice to the Authority.

(2)  [Section 71I Subsection (2) amended by No. 22 of 2016, s. 26, Applied:01 Jan 2017] [Section 71I Subsection (2) amended by No. 47 of 2010, s. 38, Applied:01 Feb 2011] On receiving notice in accordance with subsection (1A) the Authority is to cancel the registration of the premises by making an appropriate entry to that effect in the register.

(3)  [Section 71I Subsection (3) amended by No. 47 of 2010, s. 38, Applied:01 Feb 2011] [Section 71I Subsection (3) substituted by No. 22 of 2016, s. 26, Applied:01 Jan 2017] No entitlement to a refund of registration or other fees arises by reason of the relinquishment of registration.

71J.   Premises exempt from registration requirements

[Section 71J Inserted by No. 62 of 2005, s. 22, Applied:15 Dec 2005]

(1)  [Section 71J Subsection (1) amended by No. 47 of 2010, s. 39, Applied:01 Feb 2011] The Authority, by instrument in writing, may exempt any premises used for the purposes of a pharmacy business from the requirement to be registered as pharmacy business premises.

(2)  [Section 71J Subsection (2) amended by No. 47 of 2010, s. 39, Applied:01 Feb 2011] An exemption may be granted on the Authority's own initiative, at the written request of the Director of Public Health or on an application by or on behalf of a pharmacist.

(3)  An application under subsection (2) is to be –

(a) in an approved form; and

(b) [Section 71J Subsection (3) amended by No. 47 of 2010, s. 39, Applied:01 Feb 2011] lodged with the Authority; and

(c) accompanied by the prescribed application fee, if any; and

(d) [Section 71J Subsection (3) amended by No. 47 of 2010, s. 39, Applied:01 Feb 2011] supported by such information or evidence as the Authority requires.

(3A)  [Section 71J Subsection (3A) inserted by No. 22 of 2016, s. 27, Applied:01 Jan 2017] The Authority may require an applicant for an exemption to provide such further information or evidence as it considers necessary in order to consider the application.

(4)  [Section 71J Subsection (4) amended by No. 47 of 2010, s. 39, Applied:01 Feb 2011] The Authority may waive all or part of the fee.

(5)  An exemption may be granted –

(a) for individual premises or a class of premises; and

(b) unconditionally or on conditions.

(6)  Without limiting subsection (5)(b) , the conditions of an exemption may restrict its operation according to matters or limitations, whether as to time, circumstance or otherwise, specified in the instrument of exemption.

(7)  [Section 71J Subsection (7) amended by No. 47 of 2010, s. 39, Applied:01 Feb 2011] A person must not engage in the practice of pharmacy contrary to a condition of an exemption under this section.

Penalty:  Fine not exceeding 25 penalty units.

(8)  [Section 71J Subsection (8) amended by No. 47 of 2010, s. 39, Applied:01 Feb 2011] The Authority may revoke an exemption if it is satisfied on reasonable grounds that the exemption is no longer justified or required.

(9)  [Section 71J Subsection (9) amended by No. 47 of 2010, s. 39, Applied:01 Feb 2011] In determining whether to grant or revoke an exemption the Authority is to have regard to the prescribed criteria, if any.

(10)  [Section 71J Subsection (10) amended by No. 47 of 2010, s. 39, Applied:01 Feb 2011] The Authority may publicise exemptions and their revocation in the Gazette and in such other ways as the Authority thinks fit having regard to the nature of the exemptions.

71K.   Annual renewal of registration

[Section 71K Inserted by No. 47 of 2010, s. 40, Applied:01 Feb 2011] [Section 71K Substituted by No. 22 of 2016, s. 28, Applied:01 Jan 2017]

(1)  The registration of pharmacy business premises is from time to time renewable.

(2)  To effect the renewal, the owner of the relevant pharmacy business is to lodge an application with the Authority on or before the lapsing date.

(3)  The application is to be –

(a) in an approved form; and

(b) lodged with the Authority; and

(c) accompanied by the prescribed renewal fee, if any; and

(d) supported by such information or evidence as the Authority requires.

(4)  The Authority may require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.

(5)  The Authority may waive all or part of the renewal fee.

(6)  If for any reason the application is not lodged on or before the lapsing date, the Authority may still consider the application if it is –

(a) lodged no later than 30 days after the lapsing date; and

(b) accompanied by, in addition to the renewal fee, the prescribed late fee.

(7)  The Authority, after considering the application may –

(a) renew the registration; or

(b) refuse to renew the registration.

(8)  The Authority may refuse to renew the registration if –

(a) the applicant fails to comply with subsection (3) or (4) ; or

(b) the Authority reasonably believes that the pharmacy business premises no longer meet the criteria for eligibility having regard to the matters set out in section 71E(3) ; or

(c) the Authority is satisfied that material facts or matters relied upon in support of the original application, including, in the case of a body corporate, details of its membership, have changed; or

(d) the application is made more than 30 days after the lapsing date.

(9)  If the Authority refuses to renew the registration, it is to give the applicant notice of –

(a) the refusal; and

(b) the reason for the refusal; and

(c) the right to appeal the refusal.

(10)  If the application is made on or before the lapsing date or within 30 days after the lapsing date, the registration of the pharmacy business premises is taken to continue until the earlier of the following:

(a) the date upon which the Authority renews the registration;

(b) the date upon which the Authority gives a notice under subsection (9) .

Division 3 - [Division 3 of Part 6A Heading inserted by No. 22 of 2016, s. 29, Applied:01 Jan 2017] Alterations

71KA.   Interpretation of Division

[Section 71KA Inserted by No. 22 of 2016, s. 30, Applied:01 Jan 2017] In this Division –

alteration, to pharmacy business premises, means any alteration, whether permanent or temporary, that is likely to affect or interfere with –

(a) the dispensing of medicines or drugs on the premises; or

(b) the storage of medicines or drugs on the premises; or

(c) access to the premises; or

(d) the security arrangements for the premises or any part thereof; or

(e) the professional activities of the pharmacist.

71KB.   Alterations to pharmacy business premises require approval

[Section 71KB Inserted by No. 22 of 2016, s. 30, Applied:01 Jan 2017]

(1)  The owner of a pharmacy business must not cause or allow an alteration to be made to the relevant pharmacy business premises unless the alteration has been approved by the Authority.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If a pharmacy business is owned by 2 or more persons jointly, the obligation of those persons under subsection (1) is joint and several but the discharge of that obligation by one owner also discharges the corresponding obligation of each other owner.

71KC.   Applications for approval of alterations to pharmacy business premises

[Section 71KC Inserted by No. 22 of 2016, s. 30, Applied:01 Jan 2017]

(1)  An application for an approval under section 71KB is to be –

(a) in an approved form; and

(b) signed by the owner of the relevant pharmacy business or, if it is jointly owned, at least one of the owners; and

(c) lodged with the Authority; and

(d) accompanied by the prescribed fee, if any; and

(e) accompanied by such information or evidence as the Authority requires.

(2)  The Authority may require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.

(3)  The authority may waive all or part of the fee.

71KD.   Consideration of application for approval of alteration to pharmacy business premises

[Section 71KD Inserted by No. 22 of 2016, s. 30, Applied:01 Jan 2017]

(1)  The Authority, after considering an application for an approval under section 71KB , may –

(a) grant the application subject to any conditions that the Authority thinks fit to impose; or

(b) refuse the application.

(2)  However, the Authority must not grant the application unless it is satisfied that, the pharmacy business premises, as proposed to be altered –

(a) will be suitable to be used for the purposes of a pharmacy business; and

(b) will not be –

(i) located wholly or partly within a supermarket; or

(ii) capable of being entered from within a supermarket; or

(iii) capable of being used to gain entry to a supermarket.

(3)  The matters that the Authority may have regard to for the purposes of subsection (2)(a) include the matters referred to in section 71E(3) .

71KE.   Approval or refusal of applications

[Section 71KE Inserted by No. 22 of 2016, s. 30, Applied:01 Jan 2017]

(1)  As soon as practicable after granting an application for an approval under section 71KB , the Authority is to give the applicant notice of –

(a) the approval; and

(b) the date of the approval; and

(c) if applicable, the conditions of the approval; and

(d) if paragraph (c) applies, the right to appeal the conditions of the approval.

(2)  As soon as practicable after refusing an application for an approval under section 71KB , the Authority is to give the applicant notice of –

(a) the refusal; and

(b) the date of the refusal; and

(c) the reasons for the refusal; and

(d) the right to appeal the refusal.

Division 4 - [Division 4 of Part 6A Heading inserted by No. 22 of 2016, s. 31, Applied:01 Jan 2017] Registration notices

71KF.   Notice of events disruptive to registered pharmacy business premises

[Section 71KF Inserted by No. 22 of 2016, s. 32, Applied:01 Jan 2017]

(1)  In this section –

appropriate notice, of the occurrence of an event, means a notice advising, and setting out full particulars, of the event;

disruptive event, in relation to pharmacy business premises, means –

(a) a fire, flood or other damaging event that prevents, or is likely to prevent, a pharmacy business being carried on in or from the premises for an extended period; or

(b) an interruption to the supply of electricity, gas, water or another service to the premises that lasts, or is likely to last, for an extended period; or

(c) an event prescribed by the regulations;

extended period means a period exceeding 3 days.

(2)  The owner of a pharmacy business must give the Authority appropriate notice of the occurrence of a disruptive event in relation to the relevant pharmacy business premises within 7 days after that occurrence.

Penalty:  Fine not exceeding 2 penalty units.

(3)  If a pharmacy business is owned by 2 or more persons jointly, the obligation of those persons under subsection (2) is joint and several but the discharge of that obligation by one owner also discharges the corresponding obligation of each other owner.

(4)  A person who gives the Authority notice of the occurrence of a disruptive event under subsection (2) must, on written request, give the Authority any further information it may require concerning the disruptive event.

Penalty:  Fine not exceeding 2 penalty units.

71KG.   Notice of important events relevant to registration of pharmacy business premises

[Section 71KG Inserted by No. 22 of 2016, s. 32, Applied:01 Jan 2017]

(1)  In this section –

appropriate notice, of the occurrence of an event, means a notice advising, and setting out full particulars, of the event;

major change, to leasehold arrangements, means –

(a) a transfer or assignment of the lease; or

(b) a change to the term of the lease (including the extension of term or renewal options, if any); or

(c) a change to the way in which the rent is calculated; or

(d) the expiration of the lease; or

(e) a change to the obligations of the parties for and in respect of the condition or maintenance of the premises leased.

(2)  The owner of a pharmacy business must give the Authority appropriate notice within 14 days if –

(a) the person, or all persons, carrying on the pharmacy business abandon it; or

(b) the pharmacy business is, because of the retirement or physical incapacity of any person, or for any other reason, wound up; or

(c) there is a change in respect of any interests held in the relevant pharmacy business premises, whether as to the identity or number of the interest holders, the quantum, apportionment or legal nature of the interests or otherwise; or

(d) where the pharmacy business occupies the relevant pharmacy business premises under lease, there is a major change to the leasehold arrangements; or

(e) a prescribed event relevant to the registration of the relevant pharmacy business premises occurs.

Penalty:  Fine not exceeding 2 penalty units.

(3)  If a pharmacy business is owned by 2 or more persons jointly, the obligation of those persons under subsection (2) is joint and several but the discharge of that obligation by one owner also discharges the corresponding obligation of each other owner.

(4)  A person who gives the Authority notice of the occurrence of an event under subsection (2) must, on written request, give the Authority any further information it may require concerning the event.

Penalty:  Fine not exceeding 2 penalty units.

Division 5 - [Division 5 of Part 6A Heading inserted by No. 22 of 2016, s. 33, Applied:01 Jan 2017] Register

71L.   Register

[Section 71L Inserted by No. 47 of 2010, s. 40, Applied:01 Feb 2011]

(1)  The Authority is to keep a register called the Pharmacy Business Premises Register.

(2)  The Authority is to record the following information in the register in relation to each pharmacy business premises that it registers:

(a) [Section 71L Subsection (2) amended by No. 22 of 2016, s. 34, Applied:01 Jan 2017] the name of the owner of the relevant pharmacy business or, if it is jointly owned, each of the owners;

(b) the date of registration of the pharmacy business premises;

(c) the address of the premises registered as pharmacy business premises.

(3)  The Authority is to also record the following matters in the register:

(a) the renewal of registration of premises as pharmacy business premises;

(b) the cancellation or suspension of registration of premises as pharmacy business premises.

(4)  The register may contain such other information as the Authority considers necessary or appropriate.

71M.   Inspection of register

[Section 71M Inserted by No. 47 of 2010, s. 40, Applied:01 Feb 2011]

(1)  A person may, on payment of the prescribed fee, inspect the register at the office of the Authority.

(2)  A person inspecting the register may, on payment of the prescribed fee, obtain a copy or extract from the register.

(3)  The Authority may waive all or part of the fee.

71N.   Publication of register &c.

[Section 71N Inserted by No. 47 of 2010, s. 40, Applied:01 Feb 2011]

(1)  The Authority may publish by notice in the Gazette a copy of the register or part of the register.

(2)  The Authority may provide a person with a copy of a notice referred to in subsection (1) on payment of the prescribed fee.

(3)  A notice under subsection (1) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

(4)  The Authority may waive all or part of the fee.

71O.   Protection of private information

[Section 71O Inserted by No. 47 of 2010, s. 40, Applied:01 Feb 2011] Notwithstanding sections 71M and 71N  –

(a) the register made available for public inspection need not include the information or all of the information referred to in section 71L(4) ; and

(b) a copy of the register or a part of the register published in the Gazette need not include the information, or all of the information, referred to in section 71L(4) .

PART 7 - Miscellaneous

Division 1 - Obligations to provide information

72.   

[Section 72 Repealed by No. 47 of 2010, s. 41, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

73.   Information requirements

(1)  In this section –[Section 73 Subsection (1) amended by No. 22 of 2016, s. 35, Applied:01 Jan 2017]

[Section 73 Subsection (1) amended by No. 22 of 2016, s. 35, Applied:01 Jan 2017] information includes documents, access to documents and copies of documents;

[Section 73 Subsection (1) amended by No. 47 of 2010, s. 42, Applied:01 Feb 2011] reasonable period means a period, of not less than 21 days, determined by the Authority;

[Section 73 Subsection (1) amended by No. 47 of 2010, s. 42, Applied:01 Feb 2011] relevant information means information that the Authority reasonably considers it necessary or expedient to have for the purpose of exercising its power or performing its functions.

(1A)  [Section 73 Subsection (1A) inserted by No. 22 of 2016, s. 35, Applied:01 Jan 2017] The Authority, by notice, may require the owner of a pharmacy business to give it –

(a) any information about the pharmacy business or the conduct of the pharmacy business; or

(b) any other relevant information.

(2)  [Section 73 Subsection (2) amended by No. 47 of 2010, s. 42, Applied:01 Feb 2011] [Section 73 Subsection (2) substituted by No. 22 of 2016, s. 35, Applied:01 Jan 2017] Without limiting its generality, under subsection (1A) the owner of a pharmacy business may be required to give the Authority –

(a) in the case of a body corporate –

(i) any relevant information about its membership, shareholdings, officers or employees; and

(ii) any other relevant information about its structure, management or operations; and

(iii) a copy of its replaceable rules or constitution; and

(b) in the case of a partnership, a copy of the partnership deed; and

(c) in the case of a person whose interest in the pharmacy business is held in trust –

(i) a copy of the trust deed; and

(ii) relevant information about the trustees or beneficiaries of or, if applicable, unit holders in the trust.

(3)  [Section 73 Subsection (3) amended by No. 22 of 2016, s. 35, Applied:01 Jan 2017] The owner of a pharmacy business must comply with a notice under subsection (2) within such reasonable period as is specified in the notice.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(4)  [Section 73 Subsection (4) omitted by No. 47 of 2010, s. 42, Applied:01 Feb 2011] [Section 73 Subsection (4) inserted by No. 22 of 2016, s. 35, Applied:01 Jan 2017] If a pharmacy business is owned by 2 or more persons jointly, the obligation of those persons under subsection (3) in respect of a notice is joint and several but the discharge of that obligation by one owner in respect of the notice also discharges the corresponding obligation of each other owner in respect of the same notice.

(5)  [Section 73 Subsection (5) amended by No. 2 of 2007, s. 14, Applied:17 Apr 2007] [Section 73 Subsection (5) omitted by No. 47 of 2010, s. 42, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

73A.   Power of Authority to give information to registration boards &c.

[Section 73A Inserted by No. 47 of 2010, s. 43, Applied:01 Feb 2011]

(1)  For the purpose of assisting a registration board to perform its functions under any Act, the Authority may make available to the board any information that it receives in the administration of this Act.

(2)  For the purpose of assisting the Health Complaints Commissioner to perform his or her functions under the Health Complaints Act 1995 , the Authority may make available to the Commissioner any information that it receives in the administration of this Act.

Division 2 - Administrative and legal

74.   Service of documents

(1)  [Section 74 Subsection (1) amended by No. 47 of 2010, s. 44, Applied:01 Feb 2011] A document may be given to the Authority or a committee by –

(a) [Section 74 Subsection (1) amended by No. 47 of 2010, s. 44, Applied:01 Feb 2011] leaving it at, or sending it by post to, the Authority's address; or

(b) [Section 74 Subsection (1) amended by No. 47 of 2010, s. 44, Applied:01 Feb 2011] [Section 74 Subsection (1) amended by No. 22 of 2016, s. 36, Applied:01 Jan 2017] .  .  .  .  .  .  .  .  

(c) [Section 74 Subsection (1) amended by No. 47 of 2010, s. 44, Applied:01 Feb 2011] sending it by way of electronic mail to the Authority's electronic mail address.

(2)  A document may be given to another person by –

(a) in the case of an individual –

(i) handing it to the person; or

(ii) leaving it at, or sending it by post to, the person's postal or residential address or place of business or employment last known to the giver of the document; or

(iii) [Section 74 Subsection (2) amended by No. 22 of 2016, s. 36, Applied:01 Jan 2017] .  .  .  .  .  .  .  .  

(iv) sending it by way of electronic mail to the person's electronic mail address; and

(b) in the case of another person –

(i) leaving it at, or sending it by post to, the person's principal or registered office or principal place of business; or

(ii) [Section 74 Subsection (2) amended by No. 22 of 2016, s. 36, Applied:01 Jan 2017] .  .  .  .  .  .  .  .  

(iii) sending it by way of electronic mail to the person's electronic mail address.

(3)  A document that is posted to a person is taken not to have been given to the person until the time when it would have been delivered in the ordinary course of post.

75.   Common seal

(1)  [Section 75 Subsection (1) amended by No. 47 of 2010, s. 45, Applied:01 Feb 2011] The Authority may have a common seal and, if so, it is to be kept and used as authorised by the Authority.

(2)  [Section 75 Subsection (2) amended by No. 47 of 2010, s. 45, Applied:01 Feb 2011] All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Authority.

76.   Presumptions

In any proceedings, unless evidence is given to the contrary, proof is not required of –

(a) [Section 76 Amended by No. 47 of 2010, s. 46, Applied:01 Feb 2011] the constitution of the Authority or a committee; or

(b) [Section 76 Amended by No. 47 of 2010, s. 46, Applied:01 Feb 2011] any resolution of the Authority or a committee; or

(c) [Section 76 Amended by No. 47 of 2010, s. 46, Applied:01 Feb 2011] the presence of a quorum at any meeting of the Authority or a committee; or

(d) [Section 76 Amended by No. 47 of 2010, s. 46, Applied:01 Feb 2011] the appointment of any member of the Authority or a committee.

77.   Appropriation of fees, penalties and fines

(1)  [Section 77 Subsection (1) amended by No. 47 of 2010, s. 47, Applied:01 Feb 2011] All fees payable and all penalties imposed and recovered under this Act are to be paid to the Authority.

(2)  [Section 77 Subsection (2) amended by No. 47 of 2010, s. 47, Applied:01 Feb 2011] A fee payable under this Act may be recovered as a debt due to the Authority.

(3)  [Section 77 Subsection (3) amended by No. 47 of 2010, s. 47, Applied:01 Feb 2011] A fine imposed on a person under this Act may be recovered as a debt due to the Authority.

(4)  [Section 77 Subsection (4) omitted by No. 47 of 2010, s. 47, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

78.   

[Section 78 Repealed by No. 47 of 2010, s. 48, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

79.   Offences by bodies corporate

(1)  If a body corporate commits an offence against this Act, each person concerned in the management of the body corporate is taken to have also committed the offence and may be convicted of the offence unless the person proves that the act or omission constituting the offence took place without the person's knowledge or consent.

(2)  A person referred to in subsection (1) may be convicted of an offence against this Act whether or not the body corporate is charged with or convicted of the offence.

80.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  [Section 80 Subsection (2) amended by No. 47 of 2010, s. 49, Applied:01 Feb 2011] [Section 80 Subsection (2) amended by No. 15 of 2019, Sched. 1, Applied:28 Jun 2019] [Section 80 Subsection (2) amended by No. 47 of 2010, s. 49, Applied:01 Feb 2011] [Section 80 Subsection (2) amended by No. 13 of 2019, Sched. 1, Applied:18 Jun 2019] [Section 80 Subsection (2) amended by No. 62 of 2005, s. 23, Applied:15 Dec 2005] [Section 80 Subsection (2) substituted by No. 17 of 1996, Applied:28 Jun 2019] Without limiting the generality of subsection (1) , regulations may be made under that subsection for and in relation to any one or more of the following matters:

(a) the control of infection;

(b) the establishment, operation and regulation of pharmacy depots at which prescriptions may be left or dispensed prescriptions may be collected;

(ba) the charging and payment of fees in relation to the establishment and regulation of pharmacy depots;

(c) standards for pharmacy business premises and other premises used for or in connection with the provision of pharmacy services.

(3)  Regulations made under this section, including any regulations prescribing fees, may –

(a) apply generally or be limited in their application by reference to specified exemptions or specified factors; and

(b) apply differently according to different factors, limitations or restrictions of a specified kind; and

(c) [Section 80 Subsection (3) amended by No. 47 of 2010, s. 49, Applied:01 Feb 2011] authorise any matter to be from time to time determined, applied or regulated by the Authority.

(4)  Regulations made under this section may –

(a) provide that a contravention of any of the regulations is an offence; and

(b) in relation to any such offence, provide for the imposition of a fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

(5)  The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act.

(6)  [Section 80 Subsection (6) amended by No. 62 of 2005, s. 23, Applied:15 Dec 2005] Regulations made under subsection (5) may, without limiting the scope of that subsection, prescribe interim standards for pharmacy business premises and other premises used for or in connection with the provision of pharmacy services.

(7)  A provision of a regulation made pursuant to subsection (5) may, if the regulation so provides, take effect on the day proclaimed under section 2 or a later date.

Division 3 - Consequential and transitional

81.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) [Section 81 Amended by No. 47 of 2010, s. 50, Applied:01 Feb 2011] the administration of this Act is assigned to the Minister for Health; and

(b) [Section 81 Amended by No. 47 of 2010, s. 50, Applied:01 Feb 2011] the department responsible to the Minister for Health in relation to the administration of this Act is the Department of Health and Human Services.

82.   

[Section 82 Repealed by No. 47 of 2010, s. 51, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

83.   

[Section 83 Repealed by No. 47 of 2010, s. 51, Applied:01 Feb 2011] .  .  .  .  .  .  .  .  

84.    Pharmacy Act 1908 repealed

The Pharmacy Act 1908 is repealed.

85.   

See Schedule 6 .

SCHEDULE 1 - Provisions with respect to membership of Authority

[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011]

Section 7(6)

1.   Term of office

(1) A member is to be appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment.

(2) [Schedule 1 Amended by No. 80 of 2009, Sched. 1, Applied:07 Dec 2009] A member is eligible to serve any number of terms of office but may not serve more than 4 of those terms in succession.

2.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

3.   Remuneration of members

A member is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Minister determines.

4.   Vacation of office

(1) A member vacates office if he or she –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) ; or

(d) ceases to be qualified for office by virtue of subclause (4) .

(2) [Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011] The Minister may remove a member from office if the member –

(a) [Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011] is absent from 3 consecutive meetings of the Authority without the permission of the other members of the Authority; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a period exceeding 12 months; or

(d) fails, without reasonable excuse, to comply with the obligation referred to in clause 5 of Schedule 2 ; or

(e) is convicted of an offence against this Act.

(3) [Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011] The Minister may remove a member from office if satisfied that the member is unable to perform the duties of office competently.

(4) [Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011] A member appointed under section 7(1)(a) vacates office if he or she ceases to be a pharmacist.

5.   Filling of vacancies

[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011] If the office of a member becomes vacant, the Minister may appoint an appropriate person to the vacant office for the remainder of that member's term of office.

6.   Validity of proceedings, &c.

(1) [Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011] An act or proceeding of the Authority or of a person acting under the direction of the Authority is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Authority.

(2) [Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011] An act or proceeding of the Authority or of a person acting under the direction of the Authority is valid even if –

(a) [Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011] the appointment of a member of the Authority was defective; or

(b) [Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011] a person appointed as a member of the Authority was disqualified from acting as, or incapable of being, such a member.

(3) [Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011] This clause applies to the Authority acting in any capacity.

SCHEDULE 2 - Provisions with respect to meetings of Authority

[Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011]

Section 7(7)

1.   Convening of meetings

[Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] A meeting of the Authority may be convened by the chairperson or by any 2 members.

2.   Procedure at meetings

(1) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] Two members form a quorum at any duly convened meeting of the Authority.

(2) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] Any duly convened meeting of the Authority at which a quorum is present is competent to transact any business of the Authority.

(3) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] Questions arising at a meeting of the Authority are to be determined by a majority of votes of the members present and voting.

(4) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] In the event of an equality of votes on a question arising at a meeting of the Authority, the question stands adjourned until its next meeting.

3.   Who presides at meetings

(1) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] The chairperson is to preside at all meetings of the Authority at which he or she is present.

(2) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] If the chairperson is not present at a meeting of the Authority, a member elected by the members present is to preside at that meeting.

4.   Minutes

[Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] The Authority must keep accurate minutes of its meetings.

5.   Disclosure of interest

(1) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Authority must, as soon as practicable after the relevant facts come to the knowledge of the member, disclose the nature of that interest at a meeting of the Authority.

(2) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] A disclosure under subclause (1) is to be recorded in the minutes and the member must not, unless the Authority exclusive of that member determines otherwise –

(a) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] be present during any deliberations of the Authority in relation to that matter; or

(b) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] take part in any decision of the Authority in relation to that matter.

6.   Meetings to be open to public

(1) In this clause,

[Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] meeting means a meeting of the Authority.

(2) Except as provided in subclause (3) , a meeting is to be open to the public.

(3) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] The Authority may do either or both of the following at a meeting if it considers that there are compelling grounds to do so:

(a) make an order excluding any person who is not a member from the meeting;

(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the meeting or prohibiting the reporting or other disclosure of particular information in relation to the meeting.

(4) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] Without limiting the range of grounds that may be relevant for the purposes of subclause (3) , the Authority may exercise its power under that subclause if –

(a) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] it is dealing with privileged information or information that has been communicated to the Authority in confidence; or

(b) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] it is dealing with information concerning the personal affairs, finances or business arrangements of a pharmacist; or

(c) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a pharmacist or any other person.

7.   General procedures

(1) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] Subject to this Schedule, the procedure for calling meetings of the Authority and for the conduct of business at meetings of the Authority is as determined by the Authority.

(2) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] The Authority may permit members to participate in a particular meeting by a telephone or other means of communication.

(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.

(4) [Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] The Authority may allow a person to attend a meeting for the purpose of advising or informing it on any matter.

8.   Report to Minister

[Schedule 2 Amended by No. 47 of 2010, s. 53, Applied:01 Feb 2011] The Authority, if requested to do so by the Minister, must furnish the Minister with any information the Minister may require in relation to the proceedings of the Authority.

SCHEDULE 3

[Schedule 3 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Schedule 3 Repealed by No. 47 of 2010, s. 54, Applied:01 Feb 2011]

SCHEDULE 4

[Schedule 4 Repealed by No. 47 of 2010, s. 54, Applied:01 Feb 2011]

SCHEDULE 5

[Schedule 5 Repealed by No. 47 of 2010, s. 54, Applied:01 Feb 2011]

SCHEDULE 6 - Consequential Amendments

The amendments effected by Section 85 and this Schedule have been incorporated into authorised versions of the following Acts:

(a) Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ;

(b) Approvals (Deadlines) Act 1993 ;

(c) HIV/AIDS Preventive Measures Act 1993 ;

(d) Health Professionals (Special Events Exemption) Act 1998 ;

(e) Jury Act 1899 ;

(f) Pharmacists Registration Act 2001 ;

(g) Pharmacy Act 1908 ;

(h) Poisons Act 1971 ;

(i) Public Health Act 1997 ;

(j) Public Trustee Act 1930 ;

(k) Workers Rehabilitation and Compensation Act 1988 .