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PHARMACY REGULATION ACT 2010


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Act to bind the Crown  

   PART 2--OWNERSHIP AND OPERATION

           Division 1--Requirements of ownership

   5.      Ownership of pharmacy businesses  
   6.      Exception for executors and administrators  
   7.      Notice to Authority about change to company with mutual structure  
   8.      Provision of information to Authority  
   9.      Offence not to comply with section 7 or 8  
   10.     Pharmacy businesses at separate premises  
   11.     Undue influence  

           Division 2--Caps on growth of pharmacy ownership

   12.     Definition  
   13.     Application  
   14.     Cap on growth of pharmacy ownership for friendly society type companies  
   15.     Exception for existing ownership  
   16.     Exception for amalgamations on or after 16 November 2004 and before 17 November 2008  
   17.     Exception for amalgamation on or after 17 November 2008  
   18.     Pharmacy businesses owned by a subsidiary of a company  
   19.     Calculating number of pharmacy businesses  

           Division 3--Requirements of establishment and operation

   20.     Notice of intention to establish a pharmacy business  
   21.     Establishment of pharmacy businesses  
   22.     Where establishment of a pharmacy department not permitted  
   23.     Establishment of pharmacy depot  
   24.     Controls on business activity at registered premises  
   25.     Notifications about pharmacy businesses  
   26.     Notifications for a pharmacy department that ceases operation  
   27.     Notifications for a company licensee  
   28.     Notification by pharmacists  
   29.     Controls over the supply, compounding or dispensing of medicines  
   30.     Personal supervision of pharmacy or pharmacy department  
   31.     Access to closed pharmacies and pharmacy departments  
   32.     Dispensing and recording of prescriptions  
   33.     Security at pharmacy depots  

           Division 4--Use of titles

   34.     Claims by persons as to licence to operate  
   35.     Use of title  

   PART 3--LICENSING AND REGISTRATION

           Division 1--Licensing

   36.     Application for a licence  
   37.     Eligibility to apply for a licence  
   38.     Decision to grant licence  
   39.     Grounds for refusal of a licence  
   40.     Conditions on licence  
   41.     Notice of decision on application  
   42.     Period of licence  
   43.     Licence renewal—application and fee  
   43A.    Late lodgement of application to renew licence  

           Division 2--Registration of premises

   44.     Application for registration of premises of pharmacy business or pharmacy department  
   45.     Registration of premises of pharmacy businesses or pharmacy departments  
   46.     Grounds for refusal of registration of premises  
   47.     Application for registration of a pharmacy depot  
   48.     Registration of pharmacy depot  
   49.     Conditions on registration  
   50.     Notice of decision on application  
   51.     Period of registration  
   52.     Registration renewal: application and fee  
   52A.    Late lodgement of application to renew registration  

           Division 3--Investigations

   53.     Notifications about a licensee or holder of a registration  
   54.     Investigations without notification  

           Division 4--Revocation of a licence or registration

   55.     Grounds on which licence may be revoked  
   56.     Grounds for revocation of registration  
   57.     Convening of a panel  
   58.     Procedure of a panel  
   59.     Decisions of a panel  
   60.     Notice of revocation of licence or registration  
   61.     Other sanctions by Authority  

           Division 5--VCAT review

   62.     Application to VCAT for review  

           Division 6--Public register

   63.     Public register  

   PART 4--ENFORCEMENT

   64.     Proceedings for offences  
   65.     Authorisation of persons to assist in enforcement  
   66.     Identification  
   67.     Victorian Pharmacy Authority may examine documents  
   68.     Special powers of entry to pharmacies  
   69.     Certified copy of examined document  
   70.     General powers of entry with warrant  
   71.     Announcement before entry  
   72.     Copy of warrant to be given  
   73.     Copies or receipts to be given  
   74.     Copies of seized documents  
   75.     Retention and return of seized documents or things  
   76.     Magistrates' Court may extend 3-month period  
   77.     Refusal or failure to comply with requirement  
   78.     Protection against self-incrimination  
   79.     Offence to give false or misleading information  
   80.     Offence to hinder or obstruct authorised person  

   PART 5--VICTORIAN PHARMACY AUTHORITY

           Division 1--Establishment

   81.     Establishment of Victorian Pharmacy Authority  

           Division 2--General powers and functions

   82.     Functions of Authority  
   83.     Powers of Authority  
   84.     Consultation requirements  
   85.     Objectives  
   86.     Standards  

           Division 3--Membership and procedure

   87.     Membership of the Authority  
   88.     Terms of office  
   89.     Resignation and removal  
   90.     Chairperson and deputy chairperson  
   91.     Acting members  
   92.     Payment of members  
   93.     Procedures of the Authority  
   94.     Effect of vacancy or defect  
   95.     Resolutions without meetings  
   96.     Approved methods of communication for Authority  
   97.     Limited immunity of member of a panel  
   98.     Delegation  

           Division 4--Staff

   99.     Staff  

           Division 5--Committees

   100.    Establishment of committees  
   101.    Membership of a committee  

           Division 6--Authority funds, assets and fees

   102.    Victorian Pharmacy Authority Fund  
   103.    Investment powers  
   104.    Powers of the Authority in relation to fees  
   105.    Repayment of advances  

   PART 6--GENERAL

   106.    Provision of information to Minister  
   107.    Disclosure of information to other agencies  
   108.    Regulations  

   PART 7--TRANSITIONAL PROVISIONS

   109.    Definitions  
   110.    Interpretation of Legislation Act 1984 not limited  
   111.    Victorian Pharmacy Authority to be successor in law of old Board  
   112.    Assets and liabilities  
   113.    Pharmacy-related records  
   114.    Existing applications for approval  
   115.    Existing approvals to carry on pharmacy businesses and pharmacy departments  
   116.    Existing approvals of premises  
   117.    Authority to complete reports of old Board  
           SCHEDULE
           ENDNOTES


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