Division 1 Conduct of practice
(1) A registered pharmacist must not use any certificate, diploma, membership, degree, licence, letters, testimonial or other title, status, document or description in relation to himself or herself as a pharmacist or the practice of pharmacy other than:(a) those (if any) that the Board from time to time authorises the pharmacist to use, or(b) the description of “apothecary”, “chemist”, “compounding chemist”, “dispensing chemist”, “dispensing druggist”, “druggist”, “homoeopathic chemist”, “pharmaceutical chemist”, “pharmaceutist” or “pharmacist”.Maximum penalty: 10 penalty units.
(2) A registered pharmacist must not use the title “doctor” in the course of the practice of pharmacy unless the pharmacist is the holder of a qualification conferred by a university that entitles the pharmacist to use that title and that qualification is a recognised qualification at the time the pharmacist uses the title.Maximum penalty: 10 penalty units.
(3) In subsection (2):recognised qualification means:
(a) a qualification that is prescribed by the regulations as a recognised qualification, or(b) when no qualification is prescribed under paragraph (a), a qualification that is for the time being recognised by the Board for the purposes of this section.Note. See also section 105 (Use of misleading titles etc) of the Medical Practice Act 1992.
21 Indicating a corporation or firm to be a pharmacy business
(1) A corporation must not indicate that it is a pharmacy business unless it is:(a) a pharmacists’ body corporate that carries on a pharmacy business, or(b) a friendly or other society that has a pecuniary interest in a pharmacy business permitted by section 26 and that carries on that business, or(c) a body corporate that carries on a pharmacy business under section 27.Maximum penalty: 50 penalty units.
(2) A person must not indicate that a corporation is a pharmacy business if the person knows, or ought reasonably to know, that any such indication by the corporation itself would be a contravention of subsection (1).Maximum penalty: 50 penalty units.
(3) A partner or member of a firm must not indicate that the firm is a pharmacy business unless the firm is a pharmacists’ partnership that carries on a pharmacy business.Maximum penalty: 50 penalty units.
(4) This section does not apply to a person who has a pecuniary interest in a pharmacy business as referred to in section 25 (5), but only in relation to indications made in the course of, and in relation to, carrying on that business.
22 Code of professional conduct
(1) The Board may, following consultation with the pharmacy profession, establish a code of professional conduct setting out guidelines that should be observed by registered pharmacists in their professional practice. The Board may from time to time amend or replace a code of professional conduct following consultation with the pharmacy profession.(2) The Minister may require the Board to develop guidelines relating to any conduct of registered pharmacists that the Minister considers should be the subject of a code of professional conduct.(3) For that purpose, the Minister may:(a) direct the Board to establish a code of professional conduct, or(b) direct the Board to amend or replace a code of professional conduct,so that the code includes guidelines relating to that conduct.(4) The Board is to comply with any such direction of the Minister.(5) The provisions of a code of professional conduct are a relevant consideration in determining for the purposes of this Act what constitutes proper and ethical conduct by a pharmacist.(6) The procedure for the establishment of a code of professional conduct is as follows:(a) the Board is to prepare a proposed code in draft form and is to prepare an impact assessment statement for the proposed code in accordance with such requirements as the Minister may from time to time determine,(b) the draft code and impact assessment statement are to be publicly exhibited for a period of at least 21 days,(c) the Board is to seek public comment on the draft code during the period of public exhibition and public comment may be made during the period of public exhibition and for 21 days (or such longer period as the Board may determine) after the end of that period,(d) the Board is to submit the draft code to the Minister for approval together with a report by the Board giving details of public comment received during the period allowed for public comment and the Board’s response to it,(e) the Board is not to establish the draft code as a code of professional conduct unless the Minister approves the draft.(7) The procedure for the amendment or replacement of a code of professional conduct is the same as for the establishment of the code unless the Minister otherwise directs in respect of a particular amendment.
Division 2 Control of pharmacies
23 Pharmacies to be approved and holders of pecuniary interests registered
(1) Subject to subsection (2), a person must not carry on a pharmacy business unless:(a) the premises on which the pharmacy business is carried on are the subject of a current approval of the Board, and(b) all holders of a pecuniary interest in the pharmacy business are registered in the Register of Pharmacies.Maximum penalty: 50 penalty units.
(2) A person who has lodged an application under clause 1 (1) (b) of Schedule 2 may carry on the pharmacy business to which the application relates pending the Board’s determination of the application if:(a) the premises at which the business is carried on are the subject of a current approval of the Board, and(b) any holder of a pecuniary interest in the business who is not the subject of the application is registered in the Register of Pharmacies.(3) Schedule 2 has effect with respect to approval of premises and registration of pecuniary interests.
24 Notification of pecuniary interests in pharmacy businesses
(1) A person who intends to acquire a pecuniary interest in a pharmacy business (other than such an interest referred to in section 25 (4)) must, at least 14 days before acquiring the interest, give written notice to the Board of the following matters:(a) the nature of the interest and the date on which it is intended to be acquired,(b) the basis on which the person is entitled to hold the interest under this Act (for example, as a registered pharmacist, a pharmacists’ body corporate or a friendly or other society under section 26).Maximum penalty: 50 penalty units.
(2) A person who acquires a pecuniary interest in a pharmacy business as referred to in section 25 (4) must, within 28 days after acquiring the interest, give written notice to the Board of that fact, the nature of the interest concerned and the date on which it was acquired.(3) A person who ceases to have a pecuniary interest in a pharmacy business must, within 14 days after doing so, give written notice to the Board of that fact and the nature of the interest concerned.Maximum penalty: 50 penalty units.
(4) The regulations may prescribe additional matters to be included in a notice under this section.
25 Restrictions on who may have a pecuniary interest in a pharmacy business
(1) A person must not own or otherwise have a pecuniary interest in a pharmacy business (including as a partner or member of a firm) unless as one of the following:(a) a registered pharmacist,(b) a partner in a pharmacists’ partnership,(c) a pharmacists’ body corporate or a member of a pharmacists’ body corporate.Maximum penalty: 100 penalty units.
(2) Subsection (1) does not prevent a person from having a pecuniary interest in a pharmacy business in circumstances prescribed by the regulations.(3) Subsection (1) does not prevent a person from having a security interest in respect of a pharmacy business.(4) Subsection (1) does not prevent a person who:(a) is the executor, administrator or trustee of the estate of a deceased person who carried on a pharmacy business on the day of his or her death, or(b) is appointed or authorised under the laws relating to bankruptcy to administer the property of a person who carried on a pharmacy business and who has become bankrupt,from having a pecuniary interest in that business during a period not exceeding 6 months or such further period as the Board may authorise in writing.(5) If:(a) a person’s registration as a pharmacist is cancelled or suspended, and(b) the person owned or otherwise had a pecuniary interest in a pharmacy business immediately before the cancellation or suspension took effect,subsection (1) does not prevent the person from having a pecuniary interest in that business during a period not exceeding 6 months immediately following the day on which the cancellation or suspension took effect.(6) A person who has a pecuniary interest in a pharmacy business pursuant to subsection (5) must not, during the period during which the person so holds that interest, enter or be in any premises in which that business is carried on unless the person:(a) has the consent of the Board to do so, and(b) complies with any conditions imposed by the Board in giving its consent.(7) The Board may at any time vary or revoke any such consent, or any condition imposed on any such consent.(8) Despite subsections (4) and (5), a person may have a pecuniary interest in a pharmacy business pursuant to those subsections only if the business is in the charge of a registered pharmacist who personally supervises the carrying on of that business.(9) A person who is granted supervised registration under section 13 is taken not to be a registered pharmacist for the purposes of subsection (1) during the period of that registration.Note. Sections 26 and 27 provide for the exemption from section 25 (1) of friendly and other societies and certain bodies corporate, respectively, in the circumstances set out in those sections.
26 Exemption for friendly societies
(1) Section 25 does not prevent a friendly society from owning or otherwise having a pecuniary interest in a pharmacy business in accordance with a written approval given by the Minister.(2) Such an approval must not be given unless the Minister is satisfied that:(a) the net profits arising from the operation of the pharmacy business will be applied solely to the provision of benefits (other than benefits in the form of dividends or shares) to members of the friendly society, and(b) the operation of the pharmacy business is justified in the interests of members of the friendly society or of members of the public, or both.(3) The Minister may give such an approval unconditionally or subject to conditions, and may at any time vary or revoke such an approval.(4) The Minister must revoke such an approval given to a friendly society if the Minister is satisfied that the net profits arising from the operation of the pharmacy business will no longer be applied solely to the provision of benefits to members of the friendly society in accordance with subsection (2) (a).(5) Section 25 does not prevent a friendly or other society that was, immediately before the repeal of section 27A (1) of the Pharmacy Act 1964, lawfully carrying on a pharmacy business under that provision, from owning or otherwise having a pecuniary interest in a pharmacy business.(6) An approval granted to a friendly or other society under section 27A (2) of the Pharmacy Act 1964 and in force immediately before the repeal of that Act is taken to be an approval granted to the friendly society or other society (as if it were a friendly society), and in force, under subsection (1).(7) Subsection (4) does not apply in relation to a society referred to in subsection (6) that, immediately before the repeal of section 27A of the Pharmacy Act 1964, no longer satisfied the criteria referred to in section 27A (3) (a) of that Act.(8) A friendly or other society to which subsection (1), (5) or (6) applies must not own or otherwise have a pecuniary interest in more than 6 pharmacy businesses.Maximum penalty: 100 penalty units.
(9) A pharmacy business and an associated professional services room are counted as one pharmacy business for the purposes of subsection (8).
27 Exemption for certain bodies corporate
(1) This section applies to a body corporate that, immediately before the repeal of the Pharmacy (General) Regulation 1998, lawfully carried on a pharmacy business or had a pecuniary interest in such a business under clause 21 of that Regulation.(2) Section 25 does not prevent a body corporate to which this section applies from continuing to carry on such business or continuing to have such a pecuniary interest in accordance with and subject to the provisions of clause 21 of the Pharmacy (General) Regulation 1998 as in force immediately before its repeal.Note. The definition of pecuniary interest in section 4 (1) and sections 25 and 27 of this Act operate to prohibit a person (other than a registered pharmacist, a partner in a pharmacists’ partnership or a pharmacists’ body corporate or a member of a pharmacists’ body corporate) from having a pecuniary interest (including as a shareholder) in a body corporate to which section 27 applies (other than a listed corporation within the meaning of the Corporations Act 2001 of the Commonwealth). That prohibition, however, does not apply where the person was a member of the body corporate before the commencement of Schedule 7.12 to this Act.
28 Restriction on number of pharmacy businesses in which pharmacists may have a pecuniary interest
(1) A registered pharmacist must not (whether as an individual or as a partner in a pharmacists’ partnership or a member of a body corporate) own or otherwise have a pecuniary interest in more than 5 pharmacy businesses.Maximum penalty: 100 penalty units.
(2) A pharmacy business and an associated professional services room are counted as one pharmacy business for the purposes of subsection (1).
29 Certain provisions in certain instruments to be void
(1) Any provision in a lease or a licence, or an arrangement that creates a security interest, in respect of a pharmacy business:(a) that requires the lessee or the licensee, or the grantor of the security interest (as the case may be), to purchase or otherwise obtain goods or services in connection with that business from the lessor or the licensor, or the grantee of the security interest, or(b) that gives to the lessor, the licensor or the grantee power to control the manner in which that business is to be carried on (including power to determine whether or not the pharmacy may participate in any public health programs), or(c) that gives to the lessor, the licensor or the grantee access to the books of account kept in respect of that business otherwise than for the purposes of determining whether or not the lessee, the licensee or grantor is complying with the terms and conditions of the lease, licence or arrangement, or(d) that provides that the lessor, the licensor or the grantee is to receive any consideration that varies according to the profits or takings of that business,is void.(2) Subsection (1) (b) does not affect a provision relating to the opening or closing hours of a pharmacy business that is located in a retail shopping centre.
30 Pharmacist to be in charge of every pharmacy business
(1) A pharmacy business carried on on approved premises must be in the charge of a registered pharmacist who must personally supervise the carrying on of the business.(2) If a pharmacy business is carried on on approved premises in contravention of subsection (1):(a) the owner of the pharmacy business is guilty of an offence, and(b) if the pharmacist in charge of the approved premises is by the terms of the pharmacist’s employment required to be in charge of the approved premises at the time of the contravention, the pharmacist is guilty of an offence.Maximum penalty: 100 penalty units.
(3) It is a defence in any proceedings against an owner for a contravention of subsection (1) if the owner proves to the satisfaction of the court that the owner used all due diligence to prevent the contravention.(4) In this section, a reference to approved premises is a reference to premises approved under clause 1 of Schedule 2.(5) To avoid doubt, during any period in which a pharmacy business carried on in an associated professional services room, and the pharmacy business with which those premises are associated, operate simultaneously, subsection (1) requires each business to be in the charge of a separate registered pharmacist who must personally supervise the carrying on of each business.(6) A person who is granted supervised registration under section 13 is taken not to be a registered pharmacist for the purposes of this section during the period of that registration.
Division 3 Returns and information
31 Annual return to be submitted
(1) A registered pharmacist must, on or before the return date in each year, furnish in writing to the Board in a form approved by the Board a return for the return period specifying the following information:(a) details of any conviction of the pharmacist for an offence in this State or elsewhere during the return period (together with details of any penalty imposed for the offence),(b) details of the making of a sex or violence, or drug related, criminal finding against the pharmacist for an offence, in this State or elsewhere, during the return period (together with details of any penalty imposed for the offence),(c) details of the making of a criminal finding against the pharmacist for an offence committed in the course of the practice or purported practice of pharmacy, in this State or elsewhere, during the return period (together with details of any penalty imposed for the offence),(d) details of any criminal proceedings pending against the pharmacist at the end of the return period, in this State or elsewhere, for a sex or violence, or drug related, offence alleged to have been committed in the course of the practice or purported practice of pharmacy,(e) details of any criminal proceedings pending against the pharmacist at the end of the return period, in this State or elsewhere, for a sex or violence offence alleged to have been committed against a minor or to involve child pornography (whether or not alleged to have been committed in the course of the practice or purported practice of pharmacy),(f) details of any conviction of, or the making of a finding against, the pharmacist for an offence that arises out of or is connected with the supply of pharmaceutical benefits or special pharmaceutical products (within the meaning of the National Health Act 1953 of the Commonwealth) under Part VII of that Act,(g) details of any significant illness (physical or mental) from which the pharmacist suffered at any time during the return period and that may reasonably be thought likely to detrimentally affect the pharmacist’s physical or mental capacity to practise pharmacy,(h) details of any suspension of, cancellation of, or imposition of conditions on, the registration of the pharmacist as a pharmacist in another jurisdiction (either within Australia or elsewhere) during the return period,(i) details of any suspension of, cancellation of, or imposition of conditions on, any registration of the pharmacist under a health registration Act during the return period,(j) a statement as to whether the pharmacist is registered under a health registration Act as at the date of the return,(k) a statement as to whether the pharmacist has been refused registration as a pharmacist in another jurisdiction (either within Australia or elsewhere) during the return period,(l) a description of any pecuniary interest the pharmacist has in a pharmacy business,(m) details of any continuing professional education undertaken by the pharmacist during the return period,(n) such other information as may be prescribed by the regulations.(2) A person who holds a pecuniary interest in a pharmacy business must, on or before the return date in each year, furnish in writing to the Board in a form approved by the Board a return for the return period specifying the following information:(a) the nature of the interest,(b) the basis on which the person is entitled to hold the interest under this Act (for example, as a registered pharmacist, a member of a pharmacists’ body corporate, a friendly or other society under section 26 or a body corporate under section 27),(c) the number of pharmacy businesses in which the person has a pecuniary interest,(d) in relation to each pharmacy business the person owns, a description of the policies or systems in place to ensure safe and competent delivery of pharmacy services,(e) such other information as the regulations may prescribe.Maximum penalty (subsection (2)): 20 penalty units.
(3) The Board may require a return under this section to be verified by statutory declaration.(4) The regulations may provide that subsection (1) (a) does not apply in respect of particular offences.(5) In this section:return date means a date notified to pharmacists or pharmacy owners (as the case may be) by the Board in writing at least 1 month in advance.
return period means the period of 12 months ending 2 months before the return date.
32 Notification of convictions, criminal findings and charges
(1) A registered pharmacist must notify the Board in writing within 7 days after:(a) the pharmacist is convicted of an offence or made the subject of a sex or violence, or drug related, criminal finding for an offence, in this State or elsewhere, giving details of the conviction or criminal finding and any penalty imposed for the offence, or(b) the pharmacist is, in this State or elsewhere, convicted of, or made the subject of a criminal finding for, an offence that arises out of or is connected with the supply of pharmaceutical benefits or special pharmaceutical products (within the meaning of the National Health Act 1953 of the Commonwealth) under Part VII of that Act, giving details of the conviction or criminal finding and any penalty imposed for the offence, or(c) criminal proceedings are commenced against the pharmacist, in this State or elsewhere, in respect of a sex or violence, or drug related, offence alleged to have been committed in the course of the practice or purported practice of pharmacy, or(d) criminal proceedings are commenced against the pharmacist, in this State or elsewhere, in respect of a sex or violence offence alleged to have been committed against a minor or to involve child pornography (whether or not alleged to have been committed in the course of the practice or purported practice of pharmacy).(2) The regulations may provide that subsection (1) (a) does not apply in respect of particular offences.
33 Courts to provide information on convictions
(1) As soon as practicable after a registered pharmacist is convicted of an offence or a sex or violence, or drug related, criminal finding is made against a registered pharmacist, the registrar or other proper officer of the court must (if the court is aware that the person is a registered pharmacist) notify the Board of the conviction or criminal finding together with details of any penalty imposed for the offence.(2) The regulations may provide that this section does not apply in respect of particular offences.
34 Referral of mental health matters to Registrar
If a registered pharmacist becomes a mentally incapacitated person, the person prescribed by the regulations must cause notice of that fact to be given to the Registrar in accordance with the regulations.
35 Direction to supply information about pecuniary interests
(1) The Board may, by notice in writing, direct a person:(a) to give to the Board, within the time specified in the notice, such information as the notice requires relating to any pecuniary interest the person has in a pharmacy business, or(b) to produce to the Board, within the time specified in the notice, any document the notice requires relating to any such interest.(2) A person must not:(a) fail or refuse to comply with a direction of the Board under subsection (1) to the extent that the person is capable of complying with it, or(b) in purported compliance with such a direction, knowingly give information or produce a document that is false or misleading.Maximum penalty: 50 penalty units.