Schedule 8 Savings and transitional provisions
(Section 158)
In this Schedule:new Board means the Pharmacy Board constituted by this Act.
old Board means the Pharmacy Board of New South Wales constituted by the 1964 Act.
the 1964 Act means the Pharmacy Act 1964.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
Health Legislation Amendment (Unregistered Health Practitioners) Act 2006 (but only to the extent that it amends this Act)
(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.
Part 2 Provisions consequent on enactment of this Act
The provisions of this Part are subject to any regulations made under clause 2.
(1) A person who, immediately before the repeal of the 1964 Act, held office as a member of the old Board:(a) ceases to hold office as such on that repeal, and(b) is eligible (if otherwise qualified) to be appointed or elected as a member of the new Board.(2) Despite subclause (1), a person who, immediately before the commencement of section 98, held office as an elected member of the old Board commences a new term of office for a term of 4 years as an elected member of the new Board on the commencement of that section.(3) A person who ceases to hold office as a member of the old Board because of the operation of this Act is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.(4) Nothing in subclause (2) prevents a member who holds office as an elected member of the new Board as a result of the operation of that subclause from being removed from office under clause 7 of Schedule 3.
Unless the regulations otherwise provide, anything done by or in relation to the old Board and having effect immediately before the dissolution of the old Board is taken to have been done by or in relation to the new Board.
6 Appointments and other action before commencement
For the purpose only of enabling the new Board to be constituted in accordance with this Act on or after (but not before) the commencement of section 98 (Constitution of Board), appointments may be made under this Act, and anything else may be done, before that commencement, as if the whole of this Act commenced on the date of assent, but so that no appointment as a member of the new Board as so constituted takes effect before the commencement of section 98.
As soon as practicable after the commencement of this clause, the new Board is to compile the Register from the relevant information and particulars entered in the Register of Pharmacists kept under the 1964 Act in respect of persons registered as pharmacists immediately before that commencement.
(1) A person who was a registered pharmacist under the 1964 Act immediately before the commencement of this clause is on that commencement taken to be registered under this Act. Registration under this Act is subject to the same conditions (if any) as the person’s registration under the 1964 Act was subject immediately before that commencement.(2) A certificate of provisional registration as a pharmacist in force under the 1964 Act immediately before the commencement of this clause is taken, on that commencement, to have been granted under this Act.
A fee paid or which remains unpaid under a provision of the 1964 Act immediately before its repeal is taken, on commencement of the relevant provision of this Act, to have been paid or to remain unpaid under the provision of this Act that corresponds to that provision and is taken to have been so paid or to so remain unpaid for or in relation to the same period as that which applied to the fee under the 1964 Act.
10 Applications for registration
An application for registration as a pharmacist under the 1964 Act which had not been determined by the old Board before the repeal of that Act is taken to be an application for registration under this Act.
11 Electronic applications for registration
(1) Despite Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002 (as applied by section 12 of this Act), an application referred to in section 68 of that Act may not be made by means of electronic communication.(2) Subclause (1) does not limit the effect of the Electronic Transactions Act 2000.(3) This clause ceases to have effect on a day to be appointed by proclamation published on the NSW legislation website.
(1) An appeal to the District Court under section 22 or 24B of the 1964 Act that was pending immediately before the repeal of that Act is to be continued and disposed of as if, except as provided by subclause (2), this Act had not been enacted.(2) The decision of the Court on any such appeal is final, and binding on the new Board and the appellant and for the purposes of this Act is taken to be the final decision of the new Board.
(1) A complaint made to the old Board concerning the conduct of a registered pharmacist under the 1964 Act and pending immediately before the repeal of that Act is, to the extent that the conduct concerned could be the subject of a complaint under this Act, to be dealt with as a complaint under this Act, except as provided by this clause.(2) If a complaint pending under the 1964 Act on the commencement of this clause is the subject of an inquiry by a Professional Standards Committee or an inquiry by or appeal before the old Board under that Act immediately before that commencement:(a) the complaint or appeal is to continue to be dealt with and determined under the 1964 Act as if the 1964 Act had not been repealed, and(b) any finding, order, direction, decision or determination arising from or in connection with the determination of the complaint or appeal under the 1964 Act has effect for the purposes of the corresponding provision of this Act, and(c) the 1964 Act continues to apply as if it had not been repealed for the purposes of any appeal against any such order, direction, decision or determination.(3) This clause applies for the purposes of this Act and for the purposes of the Health Care Complaints Act 1993 (including any conciliation under that Act) in its application to any complaint or investigation pending under the 1964 Act immediately before the repeal of the 1964 Act.
14 Complaints relating to previous conduct
A complaint or investigation may be made under this Act with respect to conduct or any other matter or thing that occurred before, or partly before and partly after, the commencement of the provisions of this Act under which the complaint or investigation is made.
15 Continuity of disciplinary action under 1964 Act
Any finding, order, direction, decision or determination under Part 4 (Complaints and disciplinary proceedings) of the 1964 Act is, to the extent that it had any operation immediately before the commencement of this clause, taken to have been made under the corresponding provision of this Act and is to be given effect to accordingly.
16 Pharmacy Education and Research Account
Money standing to the credit of the Pharmacy Education and Research Account under the 1964 Act immediately before the commencement of this clause is to be paid to the credit of the Pharmacy Education and Research Account under this Act.
17 Construction of certain references
Unless the regulations otherwise provide, on and from the commencement of this clause, a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind:(a) to the old Board is to be read as a reference to the new Board, and(b) to the registrar under the 1964 Act is to be read as a reference to the Registrar under this Act, and(c) to the Register of Pharmacists referred to in section 12 of the 1964 Act is to be read as a reference to the Register under this Act, and(d) to the registration of a person as a registered pharmacist under the 1964 Act is to be read as a reference to the registration of the person as a pharmacist under this Act, and(e) to the Register of Pharmacies referred to in section 24A of the 1964 Act is to be read as a reference to the Register of Pharmacies kept under this Act, and(f) to the registration of a person as a registered owner of a pharmacy business under the 1964 Act is to be read as a reference to the registration of the person as holder of such a pecuniary interest under this Act, and(g) to the registration of premises as registered approved premises under the 1964 Act is to be read as a reference to the registration of the premises as approved premises under this Act.
18 Register of Pharmacies and approval of premises
(1) As soon as practicable after the commencement of this clause, the new Board is to compile the Register of Pharmacies from the relevant particulars entered in the Register of Pharmacies kept under the 1964 Act in respect of premises registered as approved premises and persons registered as owners immediately before that commencement.(2) An approval of premises (including premises of a kind referred to in clause 1 (8) (b) of Schedule 2) granted under section 24A of the 1964 Act and in force immediately before the repeal of that Act is taken to be an approval granted under clause 1 of Schedule 2 to this Act.(3) Clause 1 (10) (b) of Schedule 2 does not apply to an approval to which subclause (2) of this clause applies of premises of a kind referred to in clause 1 (8) (b) of Schedule 2.(4) A person who is a registered owner of a pharmacy business under the 1964 Act immediately before the commencement of this clause is on that commencement taken to be the registered holder of such a pecuniary interest under this Act.(5) Premises that are registered premises under the 1964 Act immediately before the commencement of this clause are on that commencement taken to be registered premises under this Act.(6) An application for approval of premises as suitable for carrying on a pharmacy business or for the registration of an owner of such a business under the 1964 Act which had not been determined by the old Board before the repeal of that Act is taken to be an application for approval of premises or for the registration of the holder of a pecuniary interest in a pharmacy business under this Act.
19 Requirement to notify pecuniary interests in pharmacy businesses
(1) For the purposes of satisfying section 24 (1), any period of notice given under clause 15 (1) of the Pharmacy (General) Regulation 1998:(a) less than 14 days before the commencement of section 24, or(b) of an intended acquisition of a pecuniary interest that occurs on or after the commencement of section 24,is taken to be a period of notice given under section 24 (1) in relation to that acquisition.(2) For the purposes of satisfying section 24 (2), an acquisition of a pecuniary interest in a pharmacy business that occurred, but in respect of which an intention to acquire was not notified to the old Board, before the commencement of section 24 must be notified within 28 days of the day that section commences.(3) For the purposes of satisfying section 24 (3), a disposal of a pecuniary interest in a pharmacy business that occurred, but was not notified to the old Board, before the commencement of section 24 must be notified within 28 days of the day that section commences.(4) Notice duly given under clause 15 (1) or (2) of the Pharmacy (General) Regulation 1998 is taken to be notice duly given under section 24 (1) and (3), respectively.
20 Savings provision regarding definition of “pecuniary interest”
Section 25 does not prevent a person who lawfully had a pecuniary interest in a pharmacy business before the insertion of the definition of Pecuniary interest into section 3 of the Pharmacy Act 1964 by Schedule 7.12 [1] to this Act from continuing to have that interest.
Part 3 Provisions consequent on enactment of Health Legislation Amendment (Unregistered Health Practitioners) Act 2006
In this Part:amending Act means the Health Legislation Amendment (Unregistered Health Practitioners) Act 2006.
The Tribunal may make a prohibition order under section 66 (3A) with respect to either or both of the following:(a) conduct or any other matter or thing that occurred before, or partly before and partly after, that subsection was inserted by the amending Act,(b) a complaint that has been made but not fully dealt with before that subsection was inserted by the amending Act.
Section 128 (4), as substituted by the amending Act, applies only in respect of a statement of a decision that is given after the commencement of that subsection.
24 Cancelled registrations to be publicly available
Section 144A, as inserted by the amending Act, extends to a person who was, immediately before the commencement of that section, subject to an order of the Tribunal or the Supreme Court that the person’s registration be cancelled or that the person not be re-registered.