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This is a Bill, not an Act. For current law, see the Acts databases.


PHARMACISTS BILL 2006

                    Western Australia


             Pharmacists Bill 2006

                       CONTENTS


       Part 1 -- Preliminary
1.     Short title                                     2
2.     Commencement                                    2
3.     Terms used in this Act                          2
       Part 2 -- Pharmacists Registration
            Board and committees
       Division 1 -- The Board
4.     Board established                               7
5.     Membership of Board                             7
6.     Presiding member and deputy presiding member    7
7.     Constitution and proceedings                    7
8.     Remuneration and allowances                     8
       Division 2 -- Functions and powers
9.     Functions                                       8
10 .   Powers                                          8
11 .   Delegation by Board                             8
       Division 3 -- Relationship of Board with
             Minister
12 .   Directions by Minister                          9
13 .   Minister to have access to information         10
       Division 4 -- Committees
14 .   Committees                                     11
15 .   Provisions relating to committees              11
       Division 5 -- Registrar and other staff
16 .   Registrar                                      12
17 .   Other staff                                    12



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Pharmacists Bill 2006



Contents



              Division 6 -- General
      18 .    Duty not to make improper use of information          12
      19 .    Meetings and minutes of meetings                      13
      20 .    Execution of documents by Board                       14
              Part 3 -- Finance and reports
      21 .    Funds of the Board                                    16
      22 .    Accounts                                              17
      23 .    Audit                                                 17
      24 .    Annual report and other reports                       17
              Part 4 -- Registration
              Division 1 -- Registration of pharmacists
      25 .    Natural persons may be registered as pharmacists      19
      26 .    Registration as a practising pharmacist               19
      27 .    Professional indemnity insurance                      20
      28 .    Registration as a non-practising pharmacist           21
      29 .    Effect of registration as a pharmacist                21
      30 .    Duration of registration as a pharmacist              22
      31 .    Application for registration                          22
      32 .    Renewal of registration                               23
      33 .    Application for registration by a person whose
              registration has been cancelled under
              section 97(1)(i)                                      23
              Division 2 -- Registration of pharmacies
      34 .    Definition                                            24
      35 .    Registration of premises as pharmacies                24
      36 .    Who may apply for registration                        25
      37 .    Preserved company and prescribed private
              hospitals to carry on pharmacy business only at
              certain premises                                      25
      38 .    Application for registration                          25
      39 .    Grounds for refusal                                   26
      40 .    Entry and inspection of registered pharmacy           27
      41 .    Duration of registration                              28
      42 .    Cancellation and non-renewal of registration          28
      43 .    Conditions on registration                            29
      44 .    Premises may be, or continue to be, registered even
              if requirements as to minimum standards of fitness
              are not met                                           30

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                                               Pharmacists Bill 2006



                                                             Contents



       Division 3 -- The register
45 .   The register                                            30
46 .   Inspection of register                                  31
47 .   Certificates of registration for pharmacists and
       premises                                                32
48 .   Voluntary removal from register and cancellation
       of registration                                         33
49 .   Removal of name and cancellation of registration
       of pharmacist in certain circumstances                  33
50 .   Effect of removal of name from register                 34
       Division 4 -- Notifications to Board
51 .   Change of address                                       34
52 .   Loss of qualifications                                  34
53 .   Insolvency                                              34
54 .   Civil or criminal proceedings                           35
55 .   Information about professional indemnity
       insurance                                               35
56 .   Notification of intended change of ownership of, or
       interests held in, pharmacy business                    36
       Part 5 -- Pharmacies
57 .   Definitions                                             37
58 .   Pharmacy business to be carried on at registered
       premises                                                38
59 .   Pharmacy business carried on by prescribed private
       hospital                                                38
60 .   Ownership of, and interests in, pharmacy business       39
61 .   Limit on ownership of, and interests in, pharmacy
       businesses                                              39
62 .   Pharmacist to have overall responsibility for
       pharmacy business                                       40
63 .   Supervision of pharmacy business by pharmacist          41
64 .   Death or bankruptcy of pharmacist, etc.                 42
65 .   Who may carry on a business that is not a
       pharmacy business at a registered pharmacy              43




                                                              page iii
Pharmacists Bill 2006



Contents



              Part 6 -- Disciplinary and
                   impairment matters
              Division 1 -- Preliminary
      66 .    Disciplinary matters                                45
      67 .    Impairment matters                                  45
              Division 2 -- Committees
      68 .    Complaints assessment committee                     46
      69 .    Impairment review committee                         47
              Division 3 -- Complaints
      70 .    Complaints                                          47
      71 .    Complaints assessment committee to determine
              action required                                     48
      72 .    Complaints assessment committee may reject
              certain complaints                                  49
              Division 4 -- Summary orders of Board
      73 .    Interim orders by Board                             49
      74 .    Complaint dealt with summarily to be referred to
              the State Administrative Tribunal                   51
      75 .    Complaint not dealt with summarily to be referred
              to relevant committee                               51
              Division 5 -- Disciplinary matters
      76 .    Investigation and recommendation                    51
      77 .    Role of Board                                       52
      78 .    Alternative to making allegation to the State
              Administrative Tribunal                             53
              Division 6 -- Impairment matters
      79 .    Request by pharmacist for imposition of condition   54
      80 .    Revocation of condition                             55
      81 .    Investigation                                       55
      82 .    Pharmacist to be notified about investigation       55
      83 .    Examination                                         55
      84 .    Report of examination                               56
      85 .    Role of the impairment review committee             57
      86 .    Recommendation                                      57
      87 .    Role of Board                                       58




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                                               Pharmacists Bill 2006



                                                            Contents



        Division 7 -- Investigator's role and powers
88 .    Definition                                            59
89 .    Investigator                                          59
90 .    Report of investigator                                59
91 .    Powers of investigator                                60
92 .    Warrant to enter premises                             62
93 .    Issue of warrant                                      63
94 .    Execution of warrant                                  63
        Division 8 -- Conciliation
95 .    Conciliation process                                  64
96 .    Action if conciliation fails                          65
        Division 9 -- Role of the State Administrative
               Tribunal
97 .    Powers of the State Administrative Tribunal on
        dealing with a disciplinary matter                    65
98 .    Powers of the State Administrative Tribunal on
        dealing with an impairment matter                     67
        Division 10 -- Miscellaneous
99 .    Suspension                                            68
100 .   Costs and recovery                                    69
        Part 7 -- Offences
101 .   Persons who may practise pharmacy                     70
102 .   Persons who may be employed or engaged to
        practise pharmacy                                     70
103 .   Exceptions to sections 101 and 102                    71
104 .   Restrictions on employment of person suspended
        from practice or whose registration is cancelled      71
105 .   Use of restricted titles, or pretending to be
        registered                                            72
106 .   Provision of pharmaceutical services by
        unregistered person in an emergency or by defence
        force pharmacist                                      74
107 .   Undue influence                                       75
108 .   Failure to comply with disciplinary action            75
109 .   False or misleading information                       75
110 .   Offences in relation to investigations                76
111 .   Obstruction of investigator                           77
112 .   Assistance to execute warrant                         77
113 .   Incriminating information, questions or documents     78

                                                             page v
Pharmacists Bill 2006



Contents



      114 .   Legal professional privilege                       78
      115 .   Vending machines not to be used to obtain
              medicines or drugs                                 78
              Part 8 -- Codes of practice, rules and
                   regulations
      116 .   Codes of practice                                  80
      117 .   Rules                                              80
      118 .   Regulations                                        82
      119 .   Forms                                              83
              Part 9 -- Miscellaneous
      120 .   Surrender of certificate                           84
      121 .   Protection from liability                          85
      122 .   Notice of decisions to be given                    85
      123 .   Review                                             86
      124 .   Publication of proceedings etc.                    86
      125 .   Legal proceedings                                  87
      126 .   Liability of certain officers of body corporate:
              offences                                           88
      127 .   Review of Act                                      89
      128 .   Pharmacy Act 1964 repealed                         90
      129 .   Pharmacy Act Regulations 1976 repealed             90
      130 .   Transitional and savings provisions                90
      131 .   Consequential amendments to Acts                   90
              Schedule 1 -- Constitution and
                  proceedings of the Board
              Division 1 -- General provisions
      1.      Term of office                                     91
      2.      Functions of deputy presiding member               91
      3.      Deputy members                                     91
      4.      Vacation of office by member                       92
      5.      General procedure concerning meetings              92
      6.      Voting                                             93
      7.      Holding meetings remotely                          93
      8.      Resolution without meeting                         93
      9.      Minutes                                            93




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                                               Pharmacists Bill 2006



                                                           Contents



       Division 2 -- Disclosure of interests etc.
10 .   Meaning of "member"                                    94
11 .   Disclosure of interests                                94
12 .   Exclusion of interested member                         94
13 .   Board or committee may resolve that clause 12
       inapplicable                                           94
14 .   Quorum where clause 12 applies                         95
15 .   Minister may declare clauses 12 and 14
       inapplicable                                           95
       Schedule 2 -- Transitional and
           savings provisions
1.     Terms used in this Schedule                            96
2.     Interpretation Act 1984 not affected                   97
3.     The List                                               97
4.     Incorporated Pharmaceutical Society                    97
5.     The new Board is a continuation of the former
       Council, other than in relation to the management
       of the Pharmaceutical Society                          99
6.     Transfer of certain assets and liabilities to the
       incorporated Pharmaceutical Society                    99
7.     Agreements and instruments                            100
8.     Members of former Council cease to hold office        101
9.     Board members                                         101
10 .   The registrar and other staff                         101
11 .   Exemption from State taxation                         102
12 .   Registration of documents                             103
13 .   Saving                                                103
14 .   Annual report for part of a year                      104
15 .   Persons registered under the repealed Act             104
16 .   Registered pharmacies                                 104
17 .   Register                                              105
18 .   Certificates of registration issued under the
       repealed Act                                          105
19 .   Restoration of certain names to the register          105
20 .   Suspensions                                           105
21 .   Persons carrying on the practice of a
       pharmaceutical chemist or company under
       section 36(2)(c) of the repealed Act                  106
22 .   Undertakings under the repealed Act                   106


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Pharmacists Bill 2006



Contents



      23 .    Matters being dealt with by the Board             106
      24 .    Investigations                                    106
      25 .    Failure to comply with an order made under the
              repealed Act                                      107
      26 .    Powers in relation to transitional provision      107
              Schedule 3 -- Consequential
                  amendments
      1.      Chiropractors Act 1964 amended                    108
      2.      Civil Liability Act 2002 amended                  108
      3.      Health Act 1911 amended                           108
      4.      Health Amendment Act 1987 amended                 109
      5.      Health Professionals (Special Events Exemption)
              Act 2000 amended                                  109
      6.      Health Services (Conciliation and Review)
              Act 1995 amended                                  109
      7.      Juries Act 1957 amended                           109
      8.      Liquor Licensing Act 1988 amended                 110
      9.      Medical Act 1894 amended                          110
      10 .    Oaths, Affidavits and Statutory Declarations
              Act 2005 amended                                  110
      11 .    Optometrists Act 1940 amended                     111
      12 .    Poisons Act 1964 amended                          111
      13 .    State Administrative Tribunal Act 2004 amended    113
      14 .    Veterinary Chemical Control and Animal Feeding
              Stuffs Act 1976 amended                           114
      15 .    Veterinary Surgeons Act 1960 amended              115
              Defined Terms




page viii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

 (As amended during consideration in detail and upon reconsideration)


                    Pharmacists Bill 2006


                               A Bill for


An Act to provide for --
•  the regulation of the practice of pharmacy; and
•  the registration of persons as pharmacists; and
•  the registration of premises as pharmacies,
and to repeal the Pharmacy Act 1964, make consequential
amendments to various Acts, and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Pharmacists Bill 2006
     Part 1          Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This is the Pharmacists Act 2006.

     2.         Commencement
 5        (1)   Subject to this section, this Act comes into operation on a day
                fixed by proclamation.
          (2)   This section, section 1 and Schedule 2 clause 4 come into
                operation on the day after the day on which this Act receives the
                Royal Assent.
10        (3)   Different days may be fixed under subsection (1) for different
                provisions.
          (4)   The day, or days, fixed under subsection (1) is, or are, not to be
                before the day on which --
                  (a) a body is certified as the incorporated Pharmaceutical
15                      Society under Schedule 2 clause 4; or
                  (b) the period allowed under that clause for such
                        certification has expired,
                whichever occurs first.

     3.         Terms used in this Act
20        (1)   In this Act, unless the contrary intention appears --
                "application" means an application for registration;
                "approved" means approved by the Board in writing;
                "Board" means the Pharmacists Registration Board of Western
                     Australia established by section 4;
25              "certificate of registration" means a certificate of registration
                     issued under section 47(1) or (2);
                "committee" means a committee established by the Board
                     under this Act;


     page 2
                                                 Pharmacists Bill 2006
                                            Preliminary         Part 1

                                                                    s. 3



     "complainant" means a person who lodges a complaint under
          section 70(1) or (2);
     "complaint" means any of the following --
          (a) a complaint lodged under section 70(1) or (2);
 5        (b) a complaint referred under section 70(3);
          (c) a matter the complaints assessment committee has
                determined under section 70(4) to deal with as if it
                were a complaint;
          (d) a matter the Board has referred to the impairment
10              review committee under section 79(3);
     "complaints assessment committee" means the committee
          established under section 68;
     "condition" includes restriction;
     "Corporations Act" means the Corporations Act 2001 of the
15        Commonwealth;
     "Director" means the Director of the Office of Health Review
          under the Health Services (Conciliation and Review)
          Act 1995;
     "disciplinary matter" means a matter referred to in section 66;
20   "dispense", in relation to a medicine or drug that is, or contains,
          a poison, within the meaning of the Poisons Act 1964,
          means to supply that medicine or drug in accordance with
          that Act;
     "document" includes any tape, disc or other device or medium
25        on which information is recorded or stored;
     "friendly society" means a company that is a friendly society
          under the Corporations Act and that --
          (a) provides mutual benefits to its members; and
          (b) is a non-profit organisation; and
30        (c) has a constitution that provides that the main object
                of the company is to carry on the business of
                pharmacy;


                                                                 page 3
     Pharmacists Bill 2006
     Part 1          Preliminary

     s. 3



              "hospital" has the same meaning as in the Hospitals and Health
                  Services Act 1927;
              "impairment" means --
                  (a) mental disability; or
 5                (b) injury; or
                  (c) physical illness;
              "impairment matter" means a matter referred to in section 67;
              "impairment review committee" means any committee
                  established under section 69;
10            "investigator" means a person appointed under section 89;
              "legal practitioner" has the meaning given to that term in the
                   Legal Practice Act 2003 section 3;
              "medical practitioner" means a medical practitioner registered
                   under the Medical Act 1894;
15            "member of the Board" includes a person acting under
                   Schedule 1 clause 3;
              "non-practising pharmacist" means a pharmacist who is
                   registered under section 28;
              "officer", in relation to a body corporate, has the meaning given
20                 to "officer of a corporation" in the Corporations Act
                   section 9 but does not include an employee of the body
                   corporate unless the employee is concerned in the
                   management of the body corporate;
              "pharmacist" means a person who is registered;
25            "pharmacy business" means a business --
                   (a) consisting of the provision of pharmaceutical
                         services; and
                   (b) from which goods and services relating to the
                         provision of pharmaceutical services may be
30                       available,




     page 4
                                                 Pharmacists Bill 2006
                                            Preliminary         Part 1

                                                                   s. 3



         other than a business carried on at premises operated by --
         (c) a public hospital, as that term is defined in the
               Hospitals and Health Services Act 1927; or
         (d) the holder of a permit or licence under the Poisons
 5             Act 1964 of a type prescribed by the regulations;
     "practising pharmacist" means a pharmacist who is registered
         under section 26;
     "prescribed private hospital" means a private hospital, other
         than a day hospital facility, nursing home or nursing post,
10       prescribed, or of a type prescribed, by the regulations;
     "preserved company" means St John of God Health Care
         Incorporated, an association incorporated under the
         Associations Incorporation Act 1987;
     "presiding member" means the presiding member of the Board
15       referred to in section 6;
     "private hospital" means a natural person or a body corporate
         that is the holder of a licence to conduct a private hospital
         granted under the Hospitals and Health Services Act 1927
         Part IIIA;
20   "proprietary interest", in respect of a pharmacy business,
         means a legal or beneficial interest, and includes an interest
         as --
         (a) a sole proprietor; or
         (b) a partner; or
25       (c) a director, member or shareholder of a company, as
                defined in the Corporations Act; or
         (d) a trustee or beneficiary of a trust,
         and has a meaning affected by subsection (2);
     "register" means the register referred to in section 45;
30   "registered" means registered by the Board under this Act;
     "registered pharmacy" or "pharmacy" means premises
         registered as a pharmacy under Part 4 Division 2;


                                                                page 5
     Pharmacists Bill 2006
     Part 1          Preliminary

     s. 3



              "registrar" means the person employed or engaged to be
                   registrar under section 16;
              "registration" includes renewal of registration;
              "respondent" means a person the subject of a complaint;
 5            "student" means a person who is enrolled as a student and is
                   studying for a qualification referred to in section 26(2)(g);
              "the practice of pharmacy" includes to --
                   (a) compound, dispense or otherwise supply; and
                   (b) advise or counsel on the effective and safe use of,
10                 medicines or drugs but does not include to use, supply or sell a
                   poison under the Poisons Act 1964 section 23(2)(b), (c) or (e);
              "trainee" means a person who --
                   (a) holds a qualification referred to in section 26(2)(g);
                         and
15                 (b) is a party to a traineeship agreement;
              "traineeship agreement" means an agreement made between a
                   trainee and a pharmacist under which training and practical
                   experience in the practice of pharmacy are to be provided
                   to the trainee.
20      (2)   Without limiting the generality of the expression, a person will
              be taken to hold a proprietary interest in a pharmacy business
              if --
                 (a) the person is a party to an arrangement of a kind
                     prescribed by the regulations; or
25               (b) the person, in the course of carrying on a business,
                     provides a benefit to another for which the person is
                     entitled to receive the profits or income, or a share in the
                     profits or income, of a pharmacy business; or
                 (c) the person has, under a franchise or other commercial
30                   arrangement, a right to receive consideration that varies
                     according to the profits or income of a pharmacy
                     business.


     page 6
                                                            Pharmacists Bill 2006
                    Pharmacists Registration Board and committees          Part 2
                                                        The Board     Division 1
                                                                              s. 4



                Part 2 -- Pharmacists Registration Board
                            and committees
                              Division 1 -- The Board
     4.         Board established
 5        (1)   A body called the Pharmacists Registration Board of Western
                Australia is established.
          (2)   The Board --
                 (a) is a body corporate; and
                 (b) has perpetual succession and a common seal; and
10               (c) may sue and be sued in its corporate name.
          (3)   The Board does not represent, and is not an agent of, the Crown.

     5.         Membership of Board
          (1)   The Board consists of 8 members appointed by the Minister, of
                whom --
15               (a) 6 are to be pharmacists; and
                 (b) one is to be a person who has knowledge of and
                      experience in representing the interests of consumers;
                      and
                 (c) one is to be a legal practitioner.
20        (2)   Each member of the Board is to be a natural person.

     6.         Presiding member and deputy presiding member
                The presiding member and the deputy presiding member of the
                Board are to be elected by the Board from amongst its members.

     7.         Constitution and proceedings
25              Schedule 1 has effect with respect to the constitution and
                proceedings of the Board.


                                                                             page 7
     Pharmacists Bill 2006
     Part 2          Pharmacists Registration Board and committees
     Division 2      Functions and powers
     s. 8



     8.          Remuneration and allowances
                 A member of the Board, or of a committee, is to be paid such
                 remuneration and allowances (if any) as the Minister, on the
                 recommendation of the Minister for Public Sector Management,
 5               determines from time to time.

                        Division 2 -- Functions and powers
     9.          Functions
                 The functions of the Board are as follows --
                  (a) to advise the Minister on matters to which this Act
10                      applies;
                  (b) to administer the scheme of registration under Part 4;
                  (c) to support and promote public education and research in
                        relation to the practice of pharmacy;
                  (d) to provide, conduct and monitor education, both
15                      theoretical and practical, in the practice of pharmacy,
                        and provide advice on that education to the Minister and
                        to any other person or body involved in that education;
                  (e) to promote and encourage --
                           (i) the continuing education of pharmacists in the
20                              practice of pharmacy; and
                          (ii) increased levels of skill, knowledge and
                                competence in the practice of pharmacy;
                   (f) to perform other functions that are conferred on the
                        Board under this Act or any other Act.

25   10.         Powers
                 The Board has all the powers it needs to perform its functions.

     11.         Delegation by Board
           (1)   The Board may delegate any power or duty of the Board under
                 another provision of this Act or any other Act to --
30                 (a) a member of the Board; or

     page 8
                                                             Pharmacists Bill 2006
                     Pharmacists Registration Board and committees          Part 2
                                 Relationship of Board with Minister   Division 3
                                                                              s. 12



                   (b)   a committee or a member of a committee; or
                   (c)   the registrar.
           (2)   The delegation must be in writing executed by the Board.
           (3)   A person to whom a power or duty is delegated under this
 5               section cannot delegate that power or duty.
           (4)   A person exercising or performing a power or duty that has been
                 delegated to the person under this section is to be taken to do so
                 in accordance with the terms of the delegation unless the
                 contrary is shown.
10         (5)   Nothing in this section limits the ability of the Board to perform
                 a function through the registrar or any other member of staff or
                 an agent.

                 Division 3 -- Relationship of Board with Minister
     12.         Directions by Minister
15         (1)   Subject to subsection (2), the Minister may, after consulting
                 with the Board, give directions in writing to the Board with
                 respect to the performance of its functions either generally or in
                 relation to a particular matter, and the Board is to give effect to
                 any such direction.
20         (2)   The Minister must not under subsection (1) direct the Board
                 with respect to the performance of its functions in respect of --
                  (a) a particular person; or
                  (b) a particular qualification; or
                  (c) a particular application, complaint or proceeding.
25         (3)   The text of a direction given under subsection (1) must be --
                  (a) laid before each House of Parliament within 14 sitting
                        days of that House after the direction is given; and
                  (b) included in the annual report submitted by the Board
                        under section 24(1).


                                                                              page 9
     Pharmacists Bill 2006
     Part 2          Pharmacists Registration Board and committees
     Division 3      Relationship of Board with Minister
     s. 13



     13.         Minister to have access to information
           (1)   In this section --
                 "information" means information specified, or of a description
                      specified, by the Minister that relates to the functions of the
 5                    Board.
           (2)   The Minister is entitled --
                  (a) to have information in the possession of the Board; and
                  (b) if the information is in or on a document, to have, and
                       make and retain copies of, that document.
10         (3)   For the purposes of subsection (2) the Minister may --
                  (a) request the Board to furnish information to the Minister;
                         or
                  (b)    request the Board to give the Minister access to
                         information; or
15                 (c)   for the purposes of paragraph (b) make use of the staff
                         of the Board to obtain the information and furnish it to
                         the Minister.
           (4)   The Board is to comply with a request under subsection (3) and
                 make its staff and facilities available to the Minister for the
20               purposes of subsection (3)(c).
           (5)   The Minister is not entitled to have information under this
                 section in a form that --
                   (a) discloses the identity of a person involved in a particular
                         application, complaint, investigation or other
25                       proceeding; or
                   (b) might enable the identity of any such person to be
                         ascertained,
                 unless that person has consented to the disclosure.




     page 10
                                                            Pharmacists Bill 2006
                     Pharmacists Registration Board and committees         Part 2
                                                       Committees     Division 4
                                                                             s. 14



                              Division 4 -- Committees
     14.         Committees
           (1)   In addition to the complaints assessment committee and the
                 impairment review committee the Board may from time to time
 5               establish any other committee.
           (2)   The Board may --
                  (a) determine the functions, membership and constitution;
                       and
                  (b)   appoint such members and other persons as it thinks fit
10                      to be members; and
                  (c)   give directions with respect to the functions and
                        procedures,
                 of a committee established under this section.
           (3)   A committee is to comply with a direction given to it under
15               subsection (2)(c).
           (4)   At the request of the Board, a committee established under this
                 section is to report on the performance of its functions to the
                 Board, in accordance with the Board's request.

     15.         Provisions relating to committees
20         (1)   Each member of a committee is to be a natural person.
           (2)   The Board may remove a person from membership of a
                 committee and may reconstitute or discharge a committee
                 established by the Board.
           (3)   A committee is to ensure that an accurate record is kept and
25               preserved of the proceedings of each meeting of the committee
                 and of each resolution passed by the committee.
           (4)   Subject to this Act, a committee may determine its own
                 procedures.



                                                                          page 11
     Pharmacists Bill 2006
     Part 2          Pharmacists Registration Board and committees
     Division 5      Registrar and other staff
     s. 16



           (5)   A person with special knowledge or experience may be invited
                 to act in an advisory capacity to a committee if the committee is
                 of the opinion that the person will assist the committee in the
                 performance of its functions and the Board has approved the
 5               invitation.

                      Division 5 -- Registrar and other staff
     16.         Registrar
           (1)   The Board is to employ or engage a person to be the registrar.
           (2)   The registrar has the functions that are conferred under this Act
10               or that the Board directs the registrar to perform.
           (3)   The registrar may delegate to a person employed or engaged by
                 the Board any power or duty of the registrar under another
                 provision of this Act.
           (4)   The delegation must be in writing executed by the registrar.
15         (5)   A person to whom a power or duty is delegated under this
                 section cannot delegate that power or duty.
           (6)   A delegate exercising or performing a power or duty that has
                 been delegated to the person under this section is to be taken to
                 do so in accordance with the terms of the delegation unless the
20               contrary is shown.

     17.         Other staff
                 The Board may employ or engage persons to provide such
                 professional, technical or other assistance that the Board
                 considers necessary to enable it to perform its functions.

25                              Division 6 -- General
     18.         Duty not to make improper use of information
                 A member or former member of the Board or a member or
                 former member of a committee must not, whether within or


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                     Pharmacists Registration Board and committees         Part 2
                                                           General    Division 6
                                                                             s. 19



                 outside the State, make improper use of information acquired by
                 virtue of that position to gain, directly or indirectly, an
                 advantage for himself or herself or for any other person.
                 Penalty: a fine of $5 000.

 5   19.         Meetings and minutes of meetings
           (1)   Subject to this section, every meeting of the Board is to be open
                 to members of the public.
           (2)   Despite subsection (1) --
                  (a) the Board may of its own initiative order that in any
10                      particular case a meeting, or part of a meeting, of the
                        Board is to be closed; and
                  (b) where a meeting of the Board concerns a proceeding
                        under Part 6 relating to a disciplinary or impairment
                        matter, a person to whom the proceedings relate may
15                      request that the meeting, or part of the meeting, be
                        closed.
           (3)   The Board is to consider a request under subsection (2)(b) and
                 may order that the meeting, or part of the meeting, be closed if it
                 is of the opinion that such an order is in the best interests of the
20               parties involved or the maintenance of professional standards.
           (4)   The minutes of a meeting of the Board are to be open for
                 inspection at its principal place of business by members of the
                 public during normal office hours without fee, other than
                 minutes relating to --
25                 (a) proceedings under Part 6 relating to a disciplinary or
                         impairment matter; or
                   (b) a matter determined to be confidential under
                         subsection (6); or
                   (c) a meeting, or part of a meeting, that the Board ordered
30                       be closed under subsection (2)(a) or (3).




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     Pharmacists Bill 2006
     Part 2          Pharmacists Registration Board and committees
     Division 6      General
     s. 20



           (5)   A person may, on payment of the fee prescribed by the
                 regulations, if any, obtain a copy of any minutes of the Board
                 available for inspection under subsection (4).
           (6)   The Board may determine that a matter is confidential if it
 5               considers that its disclosure is likely to infringe the reasonable
                 privacy of any person.

     20.         Execution of documents by Board
           (1)   The Board is to have a common seal.
           (2)   A document is duly executed by the Board, if --
10                (a) the common seal of the Board is affixed to it in
                       accordance with subsections (3) and (4); or
                  (b) it is signed on behalf of the Board by a person or
                       persons authorised by the Board to do so under
                       subsection (5).
15         (3)   The common seal of the Board is not to be affixed to any
                 document except as authorised by the Board.
           (4)   The common seal of the Board is to be affixed to a document in
                 the presence of 2 members of the Board and each of them is to
                 sign the document to attest that the common seal was so affixed.
20         (5)   The Board may, by writing under its seal, authorise --
                  (a)    a member or members of the Board; or
                  (b)    a member or members of staff,
                 to sign documents on behalf of the Board, either generally or
                 subject to such conditions as are specified in the authorisation.
25         (6)   A document executed under this section without the common
                 seal of the Board is not to be regarded as being a document
                 under seal.
           (7)   A document purporting to be executed in accordance with this
                 section is to be presumed to be duly executed until the contrary
30               is shown.

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                                                 Pharmacists Bill 2006
          Pharmacists Registration Board and committees         Part 2
                                                General    Division 6
                                                                  s. 20



(8)   When a document is produced bearing a seal purporting to be
      the common seal of the Board, it is to be presumed that the seal
      is the common seal of the Board until the contrary is shown.




                                                               page 15
     Pharmacists Bill 2006
     Part 3          Finance and reports

     s. 21



                        Part 3 -- Finance and reports
     21.         Funds of the Board
           (1)   The funds of the Board consist of --
                  (a) fees received by the Board; and
 5                (b) grants (if any) by the State, and all gifts and donations
                        made to the Board, but subject to any trusts declared in
                        relation to the grants, gifts or donations; and
                  (c) penalties, costs and expenses received under section 78
                        or 100; and
10                (d) other money or property lawfully received by the Board
                        in connection with the performance of its functions.
           (2)   The funds of the Board may be applied --
                  (a) for the purposes of the administration and enforcement
                        of this Act, including the remuneration of members of
15                      the Board and committees and of the registrar and other
                        persons employed or engaged by the Board; and
                  (b) for the purposes of providing, conducting and
                        monitoring education, both theoretical and practical, in
                        the practice of pharmacy; and
20                (c) for the payment of examinations and reports in
                        accordance with section 83(3); and
                  (d) for the furtherance of education, including public
                        education, and research in relation to the practice of
                        pharmacy; and
25                (e) by way of contribution to --
                           (i) any professional body for pharmacists; or
                          (ii) any national body comprising associations of
                                pharmacists,
                        for the development of professional, educational,
30                      registration and practice standards by that body; and



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                                                Finance and reports         Part 3

                                                                               s. 22



                   (f)   for any other purpose that the Board may recommend
                         and the Minister may approve to enable the Board to
                         perform its functions.

     22.         Accounts
 5         (1)   The Board is to cause to be kept proper accounts and records of
                 the transactions and affairs of the Board and is to prepare
                 financial statements in accordance with Australian Accounting
                 Standards.
           (2)   The financial statements are to be prepared on an accrual basis
10               unless the Board determines otherwise.

     23.         Audit
                 The accounts and financial statements of the Board are to be
                 audited at least once a year, at the expense of the Board, by a
                 registered company auditor (as defined in paragraph (a) of the
15               definition of that term in the Corporations Act section 9)
                 appointed by the Board with the prior approval of the Minister.

     24.         Annual report and other reports
           (1)   The Board, not later than 31 December in each year, is to make
                 and submit to the Minister an annual report of its proceedings
20               for the preceding year ending on 30 June together with a copy
                 of its financial statements for that year and the auditor's report
                 on those statements.
           (2)   The Board's annual report must include details of --
                  (a) the number, nature, and outcome, of --
25                        (i) investigations and inquiries undertaken under
                               this Act during the year to which the report
                               relates; and
                         (ii) matters that have been brought before the State
                               Administrative Tribunal by the Board during the
30                             year to which the report relates;
                       and

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     Part 3          Finance and reports

     s. 24



                (b)   the number and nature of matters referred to in
                      paragraph (a) that are outstanding; and
                (c)   any trends or special problems that may have emerged;
                      and
 5              (d)   forecasts of the workload of the Board in the year after
                      the year to which the report relates; and
                (e)   any proposals for improving the operation of the Board.
        (3)    The Minister is to cause a copy of the Board's annual report and
               financial statements and of the auditor's report submitted under
10             subsection (1) to be laid before each House of Parliament within
               14 sitting days of that House after receipt of the report by the
               Minister.
        (4)    The Board is to ensure that after subsection (3) has been
               complied with copies of the reports and statements referred to in
15             that subsection are available on request for inspection at its
               principal place of business.




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                                                         Registration         Part 4
                                         Registration of pharmacists     Division 1
                                                                                s. 25



                              Part 4 -- Registration
                     Division 1 -- Registration of pharmacists
     25.         Natural persons may be registered as pharmacists
                 Registration of a person as a pharmacist may be granted only to
 5               a natural person.

     26.         Registration as a practising pharmacist
           (1)   The Board is to register an applicant as a pharmacist if satisfied
                 that the applicant has --
                   (a) complied with the requirements of subsection (2); and
10                 (b) paid the registration fee, if any, prescribed by the
                         regulations.
           (2)   The requirements for registration as a pharmacist are that the
                 applicant --
                   (a) is a fit and proper person to be registered as a
15                      pharmacist; and
                   (b) has not been convicted of an offence the nature of which
                        renders the person unfit to practise as a pharmacist; and
                   (c) has adequate knowledge of the English language both
                        written and oral; and
20                 (d) has sufficient physical capacity, mental capacity and
                        skill to practise pharmacy; and
                   (e) holds a qualification, or has passed an examination, in
                        first aid approved by the Board; and
                    (f) has acquired such knowledge and has such practical
25                      experience in the practice of pharmacy as in the opinion
                        of the Board is sufficient to enable that person to
                        perform efficiently the duties of a pharmacist; and
                   (g) holds a qualification prescribed by the rules as a
                        qualification for registration as a pharmacist or a
30                      qualification that in the opinion of the Board is
                        equivalent to such a qualification.

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     Pharmacists Bill 2006
     Part 4          Registration
     Division 1      Registration of pharmacists
     s. 27



           (3)   The Board may impose such conditions on registration under
                 subsection (1) as the Board reasonably requires to ensure the
                 competent and safe practice of pharmacy by the pharmacist.
           (4)   A condition imposed under subsection (3) may apply
 5               indefinitely or for a period of time specified by the Board in the
                 written notice.
           (5)   The Board may, on its own motion or on the application of a
                 person the subject of a condition imposed under this section, on
                 reasonable grounds, revoke or vary the condition.

10   27.         Professional indemnity insurance
           (1)   Without limiting the Board's powers under section 26, the
                 Board may impose both of the following conditions as
                 conditions on the registration of a pharmacist under that
                 section --
15                 (a) that --
                           (i) the pharmacist must hold professional indemnity
                                insurance; or
                          (ii) the practice of pharmacy by the pharmacist must
                                be covered by professional indemnity insurance;
20                              or
                         (iii) the pharmacist must be specified or referred to in
                                professional indemnity insurance, whether by
                                name or otherwise, as a person to whom the
                                professional indemnity insurance extends even
25                              though the pharmacist is not a party to the
                                professional indemnity insurance;
                   (b) that the professional indemnity insurance must meet the
                         minimum terms and conditions approved by the Board.
           (2)   A condition imposed under this section may apply indefinitely
30               or for a period of time specified by the Board in the written
                 notice of the decision given under section 122.



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                                                               Pharmacists Bill 2006
                                                         Registration         Part 4
                                         Registration of pharmacists     Division 1
                                                                                s. 28



           (3)   The Board may, on its own motion or on the application of a
                 person the subject of a condition imposed under this section, on
                 reasonable grounds, revoke or vary the condition.

     28.         Registration as a non-practising pharmacist
 5         (1)   At the request of an applicant, the Board may register the
                 applicant as a pharmacist subject to the condition that the person
                 does not practise pharmacy if satisfied that the applicant --
                   (a) is, or was, registered as a pharmacist under section 26;
                         and
10                 (b) is not a person whose registration as a pharmacist is
                         cancelled and name removed from the register under
                         section 97(1)(i); and
                   (c) has paid the fee, if any, prescribed by the regulations.
           (2)   For the purpose of a condition imposed under subsection (1) --
15               "practise pharmacy" includes any of the following --
                      (a)   to --
                               (i) compound, dispense or otherwise supply;
                              (ii) advise or counsel on the effective and safe use
                                    of,
20                          medicines or drugs for human use;
                      (b)   to own, or hold a proprietary interest in, a pharmacy
                            business;
                      (c)   to enter into a traineeship agreement or to supervise
                            or train a student or trainee.

25   29.         Effect of registration as a pharmacist
                 Subject to this Act, registration as a pharmacist --
                  (a) under section 26 confers on the person registered the
                        right to carry on in the State the practice of pharmacy
                        under the title of "pharmacist" or another restricted title
30                      referred to in section 105(1); and


                                                                            page 21
     Pharmacists Bill 2006
     Part 4          Registration
     Division 1      Registration of pharmacists
     s. 30



                  (b)    under section 28 confers on the person registered the
                         right to use the title "pharmacist" or another restricted
                         title referred to in section 105(1).

     30.         Duration of registration as a pharmacist
 5               Subject to this Act, registration of a person as a pharmacist --
                   (a)   has effect for the period prescribed by the regulations;
                         and
                  (b)    may be renewed in accordance with the regulations for a
                         further period prescribed by the regulations.

10   31.         Application for registration
           (1)   An application for registration as a pharmacist is to be --
                  (a) in writing; and
                  (b) made in an approved manner and form; and
                  (c) accompanied by the application fee, if any, prescribed
15                      by the regulations.
           (2)   The applicant must provide the Board or the registrar with such
                 further information as the Board or the registrar requires, in any
                 particular case, and if required by the Board or the registrar
                 must verify the information by statutory declaration.
20         (3)   The Board may, in writing, require an applicant for registration
                 as a pharmacist to attend before the Board for the purpose of
                 satisfying the Board as to a matter relevant to the application
                 and, if the person fails to attend, may refuse the application.
           (4)   The Board may refuse to register a person who does not comply
25               with this section.




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                                                         Registration         Part 4
                                         Registration of pharmacists     Division 1
                                                                                s. 32



     32.         Renewal of registration
           (1)   A pharmacist must pay to the Board the relevant fee prescribed
                 by the regulations for renewal of registration, and if the fee is
                 not paid on or before the day on which it falls due under the
 5               regulations --
                  (a)    the person ceases to be registered as a pharmacist; and
                  (b)    the person's name must be removed from the register.
           (2)   A person whose name is removed from the register under
                 subsection (1) may at any time pay to the Board all fees that are
10               in arrears, and all fees that would be in arrears if the person had
                 continued to be registered, together with any additional amount
                 prescribed by the regulations for the purposes of this subsection,
                 and is then to be entitled, subject to this Act, to have his or her
                 registration renewed and name restored to the register.
15         (3)   For the purposes of Part 6, the registration of a person whose
                 name is restored to the register under subsection (2) is taken to
                 have continued during the period that the person's name was
                 removed from the register under subsection (1).
           (4)   The Board is to give written notice of the renewal fee to a
20               pharmacist, sent to that person's address as recorded in the
                 register, at least 42 days before the fee falls due under the
                 regulations.
           (5)   A person may apply to the Board for the remission of fees
                 payable by the person under this section that are in arrears, and
25               the Board may remit those fees in whole or in part.

     33.         Application for registration by a person whose registration
                 has been cancelled under section 97(1)(i)
           (1)   In this section --
                 "disqualified person" means a person whose registration as a
30                    pharmacist has been cancelled and name removed from the
                      register under section 97(1)(i).


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     Pharmacists Bill 2006
     Part 4          Registration
     Division 2      Registration of pharmacies
     s. 34



           (2)   A disqualified person may not apply for registration as a
                 pharmacist for a period of 2 years after that person's registration
                 was cancelled.
           (3)   The Board cannot grant an application for registration as a
 5               pharmacist by a disqualified person unless it has applied for,
                 and obtained, the approval of the State Administrative Tribunal
                 to do so.
           (4)   A person in respect of whom the Board has made an application
                 for approval under subsection (3) is to pay all of the costs and
10               expenses of or incidental to that application, whether or not the
                 approval of the State Administrative Tribunal is obtained.
           (5)   Registration of, and the practice of pharmacy by, a disqualified
                 person may be made subject to such conditions as the Board in
                 any particular case imposes.

15                   Division 2 -- Registration of pharmacies
     34.         Definition
                 In this Division --
                 "applicant" means a person who has made an application under
                      section 36;
20               "supermarket" means a retail store or market the primary
                      business of which is the sale of a range of food, beverages,
                      groceries and other domestic goods.

     35.         Registration of premises as pharmacies
           (1)   Unless section 39 applies, the Board is to grant an application
25               made under section 36 for the registration of premises as a
                 pharmacy.
           (2)   Premises registered under this Division are to be registered in
                 the name of the applicant.




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                                                       Registration         Part 4
                                        Registration of pharmacies     Division 2
                                                                              s. 36



     36.         Who may apply for registration
                 The following persons may apply to the Board for the premises
                 at which a pharmacy business is, or is to be, established or
                 carried on to be registered as a pharmacy in the name of that
 5               person --
                  (a)   a pharmacist or friendly society who --
                           (i) owns, or holds a proprietary interest in, the
                               pharmacy business; or
                          (ii) intends to own, or acquire a proprietary interest
10                             in, the pharmacy business;
                  (b)   subject to section 37(1), the preserved company;
                  (c)   subject to section 37(2), a prescribed private hospital.

     37.         Preserved company and prescribed private hospitals to
                 carry on pharmacy business only at certain premises
15         (1)   The preserved company may not carry on a pharmacy business
                 at any premises other than premises at the place where it was
                 carrying on that business immediately before the
                 commencement of section 128 of this Act.
           (2)   A prescribed private hospital may not carry on a pharmacy
20               business at any premises other than the premises approved as
                 premises for the hospital under the Hospitals and Health
                 Services Act 1927 Part IIIA.

     38.         Application for registration
           (1)   An application for the registration of premises under this
25               Division must be --
                  (a) made in writing; and
                  (b) made in an approved manner and form; and
                  (c) accompanied by the application fee, if any, prescribed
                        by the regulations; and
30                (d) accompanied by such information as is required by the
                        regulations.

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     Pharmacists Bill 2006
     Part 4          Registration
     Division 2      Registration of pharmacies
     s. 39



           (2)   The Board may request that an applicant provide to the Board
                 such further information as the Board reasonably requires to
                 decide the application.
           (3)   The Board may request that an applicant --
 5                (a) attend before the Board for the purpose of satisfying the
                       Board as to a matter relevant to the application; or
                  (b) agree with the Board as to a mutually convenient time
                       for the inspection of the premises to ensure that the
                       premises meet the requirements prescribed by the
10                     regulations for the minimum standards of fitness for the
                       competent and safe practice of pharmacy.
           (4)   A request under subsection (2) or (3) is to --
                  (a) be in writing; and
                  (b) be given to the applicant; and
15                (c) specify, if relevant --
                          (i) the time within which the information must be
                               provided; or
                         (ii) the time and place the person is to attend before
                               the Board.
20         (5)   Information requested under subsection (2) must be provided --
                   (a) in writing; and
                   (b) within the time specified in the request.
           (6)   Information provided under this section must, if the Board so
                 requires, be verified by statutory declaration or supported by
25               other evidence required by the Board.

     39.         Grounds for refusal
                 The Board must refuse to grant an application for the
                 registration of premises under this Division if --
                   (a) the Board is not satisfied that the premises meet the
30                       requirements prescribed by the regulations for the
                         minimum standards of fitness for the competent and safe
                         practice of pharmacy; or

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                                                              Pharmacists Bill 2006
                                                        Registration         Part 4
                                         Registration of pharmacies     Division 2
                                                                               s. 40



                  (b)    the application contains or is accompanied by
                         information that is false or misleading in a material
                         particular; or
                  (c)    the applicant has not complied with a request made
 5                       under section 38(2) or (3); or
                  (d)    where the applicant is a person referred to in
                         section 36(a) --
                            (i) the applicant is not a person who is entitled to
                                 own, or hold a proprietary interest in, a pharmacy
10                               business under section 60; or
                           (ii) section 61 would be breached if a pharmacy
                                 business was carried on at the premises by the
                                 applicant;
                         or
15                (e)    the Board is satisfied that the premises are --
                            (i) located wholly or partly within a supermarket; or
                           (ii) capable of being entered from a supermarket; or
                          (iii) capable of being used to gain entry to a
                                 supermarket;
20                       or
                   (f)   where the applicant is the preserved company or a
                         prescribed private hospital, the premises are not in
                         compliance with section 37.

     40.         Entry and inspection of registered pharmacy
25         (1)   The Board may enter any registered pharmacy during business
                 hours and inspect the pharmacy or anything in or on the
                 pharmacy to ensure that the pharmacy meets the requirements
                 prescribed by the regulations for the minimum standards of
                 fitness for the competent and safe practice of pharmacy.




                                                                            page 27
     Pharmacists Bill 2006
     Part 4          Registration
     Division 2      Registration of pharmacies
     s. 41



           (2)   A pharmacist practising at registered premises, and a person in
                 whose name the premises are registered, are to provide all
                 reasonable assistance to a person entering and inspecting a
                 pharmacy under subsection (1).
 5               Penalty:
                      (a) for an individual, a fine of $1 000;
                      (b) for a body corporate, a fine of $2 500.

     41.         Duration of registration
                 Subject to this Act, registration of premises under this
10               Division --
                  (a) has effect for the period prescribed by the regulations;
                        and
                  (b) may be renewed in accordance with the regulations for a
                        further period prescribed by the regulations.

15   42.         Cancellation and non-renewal of registration
           (1)   The Board must cancel or refuse to renew the registration of
                 premises under this Division if --
                   (a) the Board is not satisfied that the premises meet the
                        requirements prescribed by the regulations for the
20                      minimum standards of fitness for the competent and safe
                        practice of pharmacy; or
                   (b) the registration was obtained by fraud or
                        misrepresentation; or
                   (c) a person who owns, or holds a proprietary interest in, the
25                      pharmacy business carried on at the premises --
                           (i) is not, or has ceased to be, a person who is
                                entitled to own, or hold a proprietary interest in,
                                a pharmacy business under section 60; or
                          (ii) is in breach of section 61;
30                      or



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                                                              Pharmacists Bill 2006
                                                        Registration         Part 4
                                         Registration of pharmacies     Division 2
                                                                               s. 43



                  (d)    the person in whose name the premises are registered no
                         longer carries on a pharmacy business at the premises;
                         or
                   (e)   the Board is satisfied that the premises are --
 5                          (i) located wholly or partly within a supermarket; or
                           (ii) capable of being entered from a supermarket; or
                          (iii) capable of being used to gain entry to a
                                supermarket;
                         or
10                 (f)   where the premises are registered in the name of the
                         preserved company or a prescribed private hospital, the
                         premises are not in compliance with section 37.
           (2)   If the Board proposes to cancel or refuse to renew the
                 registration of a pharmacy under this Division, the Board is to
15               give the person in whose name the pharmacy is registered notice
                 in writing of the proposal to cancel or refuse to renew the
                 registration and the reasons for the proposal.
           (3)   A notice given under subsection (2) must state that within
                 14 days after the notice is given the person to whom it is given
20               may make representations in writing to the Board concerning
                 the matter, and the Board is not to determine the matter without
                 considering any representations received within that period.

     43.         Conditions on registration
           (1)   The Board may, at the time of granting registration of premises
25               as a pharmacy under this Division or at a later time, impose
                 such conditions on that registration as the Board reasonably
                 requires to ensure that the premises are of a minimum standard
                 of fitness for the competent and safe practice of pharmacy.
           (2)   A condition imposed by the Board under this section may apply
30               indefinitely or for a period of time specified by the Board in the
                 written notice of the decisions given under section 122.



                                                                            page 29
     Pharmacists Bill 2006
     Part 4          Registration
     Division 3      The register
     s. 44



           (3)   The Board may, on its own motion or on the application of a
                 person the subject of a condition imposed under this section, on
                 reasonable grounds, revoke or vary the condition.

     44.         Premises may be, or continue to be, registered even if
 5               requirements as to minimum standards of fitness are not
                 met
                 Despite sections 39(a) and 42(1)(a), the Board may grant an
                 application for the registration of premises, or renew, or not
                 cancel, such a registration even though the premises do not meet
10               the requirements prescribed by the regulations for the minimum
                 standards of fitness for the competent and safe practice of
                 pharmacy if --
                   (a) the Board is satisfied that it is in the public interest for
                         the premises to be registered under this Division; and
15                 (b) a condition has, or conditions have, been imposed on the
                         registration of the premises under section 43.

                              Division 3 -- The register
     45.         The register
           (1)   The Board is required to keep an accurate and up to date register
20               of pharmacists and registered pharmacies in such manner and
                 form as the Board determines.
           (2)   The following information is to be recorded in the register in
                 respect of each pharmacist --
                   (a) the name of that pharmacist;
25                 (b) the business, or other, address of that pharmacist;
                   (c) each business name under which the pharmacist owns,
                         or holds a proprietary interest in, a pharmacy business;
                   (d) the address of each of the premises registered under
                         section 35 as a pharmacy in the name of that pharmacist;
30                 (e) particulars of all of the qualifications in pharmacy
                         recognised by the Board and held by that pharmacist;

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                                                              Pharmacists Bill 2006
                                                        Registration         Part 4
                                                        The register    Division 3
                                                                               s. 46



                   (f)   the provision of this Act under which the pharmacist is
                         registered;
                  (g)    any conditions applying to the registration of the
                         pharmacist;
 5                (h)    details of the exercise of any power under
                         sections 73, 74, 77, 78, 97 and 98 in respect of that
                         pharmacist;
                   (i)   such other information, if any, as is prescribed by the
                         regulations.
10         (3)   The following information is to be recorded in the register in
                 respect of a registered pharmacy --
                   (a) the address of the pharmacy;
                   (b) the name of the person in whose name the pharmacy is
                         registered;
15                 (c) any conditions imposed on the registration of the
                         pharmacy;
                   (d) such other information, if any, as is prescribed by the
                         regulations.

     46.         Inspection of register
20         (1)   The register must be kept in the office of the registrar.
           (2)   The register must be available for inspection by members of the
                 public during normal office hours.
           (3)   The register may be made available for inspection by members
                 of the public on an internet website maintained by the Board.
25         (4)   A person may, on application to the registrar, and payment of
                 the fee prescribed by the regulations, if any, obtain a certified
                 copy of the register or a particular entry in the register.




                                                                             page 31
     Pharmacists Bill 2006
     Part 4          Registration
     Division 3      The register
     s. 47



           (5)   Information made available under subsections (2), (3)
                 and (4) --
                   (a) need not include the information, or all of the
                         information, prescribed by the regulations as
 5                       information to be recorded in the register; and
                   (b) is not to include a person's private address without the
                         consent of the person.
           (6)   No fee is payable under subsection (4) if the application is
                 made --
10                (a) by an officer of the department of the Public Service
                        principally assisting the Minister in the administration of
                        this Act; and
                  (b) for the purpose of carrying out the functions of an
                        officer of that department.

15   47.         Certificates of registration for pharmacists and premises
           (1)   On the registration of a person as a pharmacist the Board is to
                 issue to that person a certificate of registration as a pharmacist
                 in the approved form.
           (2)   On the registration of premises as a pharmacy the Board is to
20               issue to the person in whose name the premises are registered a
                 certificate of registration of the premises as a pharmacy in the
                 approved form.
           (3)   In the absence of evidence to the contrary a certificate of
                 registration as a pharmacist is evidence that the person to whom
25               the certificate is issued is registered.
           (4)   In the absence of evidence to the contrary a certificate of
                 registration of premises as a registered pharmacy is evidence
                 that the premises specified in the certificate are registered as a
                 pharmacy.




     page 32
                                                              Pharmacists Bill 2006
                                                        Registration         Part 4
                                                        The register    Division 3
                                                                               s. 48



     48.         Voluntary removal from register and cancellation of
                 registration
           (1)   A pharmacist may, in writing, request the registrar to remove
                 the pharmacist's name from the register and cancel the
 5               pharmacist's registration.
           (2)   Upon receipt of a request under subsection (1) the registrar is to
                 refer the request to the Board and may, if the Board so
                 approves, remove the name of the pharmacist from the register
                 and cancel the pharmacist's registration.
10         (3)   This section does not apply to a pharmacist who is the subject of
                 proceedings under Part 6.

     49.         Removal of name and cancellation of registration of
                 pharmacist in certain circumstances
           (1)   Subject to subsections (2) and (3), the Board is to cancel the
15               registration of, and direct the registrar to remove from the
                 register, the name of a pharmacist if the Board is satisfied that
                 the pharmacist --
                   (a) has not practised pharmacy in the preceding period of
                         3 years; and
20                 (b) has not maintained current knowledge and skills in the
                         practice of pharmacy at an approved level.
           (2)   If the Board proposes to give a direction under subsection (1),
                 the Board is to give the pharmacist written notice of the
                 proposal and the reasons for the proposal.
25         (3)   A notice given under subsection (2) must state that within
                 28 days after the notice is given, the pharmacist to whom it is
                 given may make written representations to the Board
                 concerning the proposal, and the Board is not to give the
                 direction without considering any representations received
30               within that period.
           (4)   This section does not apply to, or in respect of, a non-practising
                 pharmacist.

                                                                            page 33
     Pharmacists Bill 2006
     Part 4          Registration
     Division 4      Notifications to Board
     s. 50



     50.         Effect of removal of name from register
                 If the name of a registered person is removed from the register
                 under a provision of this Act, that person ceases to be registered
                 as a pharmacist.

 5                      Division 4 -- Notifications to Board
     51.         Change of address
           (1)   A pharmacist must give the registrar written advice of any
                 change to the address that is recorded in the register in relation
                 to the person.
10               Penalty: a fine of $1 000.
           (2)   The advice referred to in subsection (1) must be given no later
                 than 30 days after the change to the address.

     52.         Loss of qualifications
           (1)   A pharmacist must give the registrar written advice if a
15               qualification that enabled the person to be registered is
                 withdrawn or cancelled by the body that conferred the
                 qualification.
                 Penalty: a fine of $1 000.
           (2)   The advice referred to in subsection (1) must be given no later
20               than 90 days after the withdrawal or cancellation.

     53.         Insolvency
           (1)   In subsection (2) --
                 "insolvent" means a person who is an insolvent under
                      administration as defined in the Corporations Act section 9.
25         (2)   A pharmacist must, within 7 days of becoming an insolvent,
                 give the registrar written advice of the insolvency.
                 Penalty: a fine of $5 000.



     page 34
                                                               Pharmacists Bill 2006
                                                         Registration         Part 4
                                              Notifications to Board     Division 4
                                                                                s. 54



     54.         Civil or criminal proceedings
           (1)   A pharmacist must give the registrar written advice of any of the
                 following matters within 14 days after --
                   (a) any civil proceedings claiming damages or other
 5                      compensation arising out of the practice of pharmacy;
                   (b) any criminal proceedings for an offence arising out of
                        the practice of pharmacy,
                 are commenced against that pharmacist.
           (2)   A pharmacist must give the registrar written advice of any of the
10               following matters within 14 days after --
                   (a) any proceedings of a kind referred to in subsection (1)
                        commenced against that pharmacist are withdrawn or
                        settled;
                   (b) any such proceedings are determined by a court or other
15                      tribunal.
                 Penalty: a fine of $5 000.

     55.         Information about professional indemnity insurance
           (1)   If it is a condition of a pharmacist's registration that --
                   (a) the pharmacist must hold professional indemnity
20                         insurance; or
                   (b) pharmaceutical care provided by the pharmacist must be
                           covered by professional indemnity insurance; or
                   (c) the pharmacist must be specified or referred to in
                           professional indemnity insurance, whether by name or
25                         otherwise, as a person to whom the professional
                           indemnity insurance extends even though the pharmacist
                           is not a party to the professional indemnity insurance,
                 the pharmacist must give the registrar written advice --
                   (d) if the professional indemnity insurance is cancelled; or



                                                                            page 35
     Pharmacists Bill 2006
     Part 4          Registration
     Division 4      Notifications to Board
     s. 56



                   (e)  of any change to the terms or conditions of the
                        professional indemnity insurance.
                 Penalty: a fine of $1 000.
           (2)   The advice referred to in subsection (1) must be given no later
 5               than 30 days after the cancellation or change to the terms or
                 conditions.

     56.         Notification of intended change of ownership of, or interests
                 held in, pharmacy business
                 A person who intends to acquire, or dispose of, ownership of, or
10               a proprietary interest in, a pharmacy business must give the
                 registrar written advice of the intended acquisition or disposal at
                 least 14 days before the acquisition or disposal occurs.
                 Penalty:
                       (a) for an individual, a fine of $5 000;
15                    (b) for a body corporate, a fine of $10 000.




     page 36
                                                       Pharmacists Bill 2006
                                                  Pharmacies          Part 5

                                                                         s. 57



                         Part 5 -- Pharmacies
     57.   Definitions
           In this Part --
           "close family member", in respect of a pharmacist, means any
 5              of the following --
                (a) a spouse, de facto partner, child or parent of the
                       pharmacist;
                (b) another family member in a relationship with the
                       pharmacist prescribed by the regulations for the
10                     purposes of this definition;
           "pharmacist" means a practising pharmacist;
           "pharmacist controlled company" means a company within
                the meaning of the Corporations Act --
                (a) in which --
15                        (i) at least one director is a pharmacist; and
                         (ii) every director is either a pharmacist or a close
                               family member of a pharmacist who is a
                               director;
                       and
20              (b) where each holder of shares, or of a beneficial or
                       legal interest in shares, in the company is a
                       pharmacist or a close family member of such a
                       pharmacist; and
                (c) in which a pharmacist is, or pharmacists are, entitled
25                     to control the exercise of more than 50% of the
                       voting power --
                          (i) at meetings of the directors of the company;
                               or
                         (ii) attached to voting shares issued by the
30                             company.



                                                                      page 37
     Pharmacists Bill 2006
     Part 5          Pharmacies

     s. 58



     58.         Pharmacy business to be carried on at registered premises
                 A person must not own, or hold a proprietary interest in, a
                 pharmacy business unless the business is carried on at premises
                 that are registered as a pharmacy.
 5               Penalty:
                      (a) for an individual, a fine of $5 000;
                      (b) for a body corporate, a fine of $10 000;
                      (c) for each separate and further offence committed by
                            the person under the Interpretation Act 1984
10                          section 71, a fine of $400.

     59.         Pharmacy business carried on by prescribed private
                 hospital
           (1)   In subsection (2) --
                 "in-patient", in respect of a prescribed private hospital, means
15                    a patient who is admitted to the hospital for the purpose of
                      receiving treatment in a bed in the hospital.
           (2)   A prescribed private hospital must not own, or hold a
                 proprietary interest in, a pharmacy business other than a
                 business --
20                 (a) consisting of the provision of pharmaceutical services
                         for in patients of the hospital only; and
                   (b) from which goods and services relating to the provision
                         of pharmaceutical services may be available for such
                         patients only.
25               Penalty:
                      (a) for an individual, a fine of $5 000;
                      (b) for a body corporate, a fine of $10 000;
                      (c) for each separate and further offence committed by
                            the person under the Interpretation Act 1984
30                          section 71, a fine of $400.



     page 38
                                                             Pharmacists Bill 2006
                                                        Pharmacies          Part 5

                                                                               s. 60



     60.         Ownership of, and interests in, pharmacy business
           (1)   A person must not own, or hold a proprietary interest in, a
                 pharmacy business unless the person is --
                   (a) a pharmacist; or
 5                 (b) a person who is a partner in a partnership that carries on
                        the business and in which every partner is either --
                           (i) a pharmacist; or
                          (ii) a close family member of a partner who is a
                               pharmacist;
10                      or
                   (c) a pharmacist controlled company; or
                  (d) a friendly society; or
                   (e) the preserved company; or
                    (f) a prescribed private hospital.
15         (2)   For the purposes of subsection (1), a person is not to be treated
                 as having a proprietary interest in a pharmacy business owned
                 by a company referred to in subsection (1)(c), (d), (e) or (f) in
                 respect of an interest as a director, officer, trustee, member or
                 shareholder of that company.
20               Penalty:
                      (a) for an individual, a fine of $5 000;
                      (b) for a body corporate, a fine of $10 000;
                      (c) for each separate and further offence committed by
                            the person under the Interpretation Act 1984
25                          section 71, a fine of $400.

     61.         Limit on ownership of, and interests in, pharmacy
                 businesses
           (1)   A pharmacist must not own, or hold a proprietary interest in,
                 more than 4 pharmacy businesses at any one time.
30         (2)   A friendly society must not own, or hold a proprietary interest
                 in, more than 4 pharmacy businesses at any one time.

                                                                            page 39
     Pharmacists Bill 2006
     Part 5          Pharmacies

     s. 62



           (3)   The preserved company must not own more than one pharmacy
                 business at any one time.
           (4)   A prescribed private hospital must not, at any one time, own
                 more than one pharmacy business for each licence to conduct a
 5               private hospital held by it.
           (5)   A close family member of a pharmacist must not hold a
                 proprietary interest in more than 4 pharmacy businesses at any
                 one time.
           (6)   A new friendly society must not acquire, or acquire a
10               proprietary interest in, a pharmacy business, if the total number
                 of pharmacy businesses which are owned by a new friendly
                 society, or in which a new friendly society holds a proprietary
                 interests, is not less than 8.
           (7)   In subsection (6) --
15               "new friendly society" means a friendly society that did not
                      own, or hold a proprietary interest in, a pharmacy business
                      in this State immediately before the commencement of this
                      Act.
                 Penalty: a fine of $50 000.

20   62.         Pharmacist to have overall responsibility for pharmacy
                 business
           (1)   If the person in whose name a pharmacy is registered under
                 section 35 is a pharmacist then that pharmacist has overall
                 responsibility for the pharmacy business carried on at the
25               pharmacy.
           (2)   If the person in whose name a pharmacy is registered under
                 section 35 is not a pharmacist then that person is to appoint a
                 pharmacist to have overall responsibility for the pharmacy
                 business carried on at the pharmacy.
30               Penalty: a fine of $5 000.




     page 40
                                                            Pharmacists Bill 2006
                                                       Pharmacies          Part 5

                                                                                s. 63



           (3)   Within 7 days after appointing a pharmacist to have overall
                 responsibility for a pharmacy under subsection (2), the person
                 which appointed the pharmacist is to give written notice to the
                 Board specifying --
 5                 (a) the name and address of the pharmacist appointed to
                        have overall responsibility for the pharmacy business
                        carried on at the pharmacy; and
                   (b) the date from which the appointment of the pharmacist
                        commenced, or is to commence; and
10                 (c) evidence that the pharmacist has agreed to the
                        appointment.
                 Penalty: a fine of $2 500.
           (4)   A person must not --
                  (a) carry on a pharmacy business at a pharmacy; or
15                (b) practise pharmacy at a pharmacy,
                 unless a pharmacist appointed under this section has overall
                 responsibility for the pharmacy business carried on at the
                 pharmacy.
                 Penalty:
20                    (a) for an individual, a fine of $5 000;
                      (b) for a body corporate, a fine of $10 000.

     63.         Supervision of pharmacy business by pharmacist
                 The following persons are to ensure that the pharmacy business
                 carried on at a pharmacy is carried on under the personal
25               supervision of a pharmacist at all times --
                   (a) the person in whose name the pharmacy is registered
                         under section 35;
                   (b) the person appointed to have overall responsibility for
                         the pharmacy business under section 62(2).
30               Penalty:
                      (a) for an individual, a fine of $5 000;

                                                                          page 41
     Pharmacists Bill 2006
     Part 5          Pharmacies

     s. 64



                     (b)    for a body corporate, a fine of $10 000.

     64.         Death or bankruptcy of pharmacist, etc.
           (1)   Despite sections 36 and 60, where --
                  (a) a pharmacist dies; or
 5                (b) a pharmacist is an undischarged bankrupt or his or her
                        property is subject to an order or arrangement under the
                        laws relating to bankruptcy; or
                  (c) a company that owned, or held a proprietary interest in,
                        a pharmacy business is an externally-administered body
10                      corporate within the meaning of the Corporations Act,
                 the personal legal representative of the pharmacist, or other
                 person in accordance with the laws relating to bankruptcy or the
                 Corporations Act, as is relevant, may for 12 months, or such
                 further period as the Board approves in writing --
15                 (d) own, or hold a proprietary interest in, a pharmacy
                         business; and
                   (e) be the person in whose name the premises are registered
                         as a pharmacy.
           (2)   A person in whose name a pharmacy is registered under
20               subsection (1) is, after consultation with the Board, to appoint a
                 pharmacist to have overall responsibility for the pharmacy
                 business carried on at the pharmacy.
                 Penalty: a fine of $5 000.
           (3)   Within 7 days after appointing a pharmacist under
25               subsection (2), the person who appointed the pharmacist is to
                 give written notice to the Board specifying --
                   (a) the name and an address of the pharmacist appointed to
                        have overall responsibility of the pharmacy business
                        carried on at the pharmacy; and
30                 (b) the date from which the appointment of the pharmacist
                        commenced, or is to commence; and


     page 42
                                                            Pharmacists Bill 2006
                                                       Pharmacies          Part 5

                                                                              s. 65



                  (c)   evidence that the pharmacist has agreed to the
                        appointment.
                 Penalty: a fine of $1 000.
           (4)   On a person ceasing to be a close family member of a
 5               pharmacist due to death, divorce or separation --
                   (a) a proprietary interest held by that person in a pharmacy
                        business is to be dealt with in accordance with the
                        regulations; and
                   (b) for such period as the Board approves in writing, being
10                      not longer than 12 months, section 60 does not apply in
                        respect of the proprietary interest held by that person.

     65.         Who may carry on a business that is not a pharmacy
                 business at a registered pharmacy
                 A person must not carry on a business that is not a pharmacy
15               business at a registered pharmacy unless the person is --
                   (a) the person in whose name the pharmacy is registered
                         under section 35; or
                   (b) a pharmacist who is in partnership with that person; or
                   (c) a pharmacist who is a director of the same pharmacist
20                       controlled company as that person.
                 Penalty:
                      (a) for an individual --
                               (i) for a first offence, a fine of $5 000, and for
                                    each separate and further offence committed
25                                  by the person under the Interpretation
                                    Act 1984 section 71, a fine of $200;
                              (ii) for a subsequent offence, a fine of $10 000,
                                    and for each separate and further offence
                                    committed by the person under the
30                                  Interpretation Act 1984 section 71, a fine
                                    of $400;



                                                                           page 43
     Pharmacists Bill 2006
     Part 5          Pharmacies

     s. 65



                  (b)   for a body corporate --
                           (i) for a first offence, a fine of $10 000, and for
                                each separate and further offence committed
                                by the person under the Interpretation
 5                              Act 1984 section 71, a fine of $400;
                          (ii) for a subsequent offence, a fine of $20 000,
                                for each separate and further offence
                                committed by the person under the
                                Interpretation Act 1984 section 71, a fine
10                              of $800.




     page 44
                                                          Pharmacists Bill 2006
                             Disciplinary and impairment matters         Part 6
                                                     Preliminary    Division 1
                                                                           s. 66



           Part 6 -- Disciplinary and impairment matters
                          Division 1 -- Preliminary
     66.     Disciplinary matters
             The following are disciplinary matters --
 5            (a) that a person has contravened a condition applying to
                     that person's registration as a pharmacist or the practice
                     of pharmacy by that person;
              (b) that a person was the pharmacist with overall
                     responsibility for a pharmacy in respect of which a
10                   condition imposed under section 43 has been
                     contravened;
              (c) that a person in the course of his or her practise as a
                     pharmacist --
                        (i) acted carelessly; or
15                     (ii) acted incompetently; or
                      (iii) acted improperly; or
                      (iv) breached this Act; or
                       (v) failed to comply with an undertaking given to the
                             Board under this Act; or
20                    (vi) provided services that were excessive,
                             unnecessary or not reasonably necessary for the
                             recipient's wellbeing;
              (d) that a person has been convicted of an offence the nature
                     of which renders the person unfit to practise as a
25                   pharmacist.

     67.     Impairment matters
             The following are impairment matters --
              (a) that a person is affected by his or her use of or
                     dependence on alcohol or a drug to such an extent that
30                   the ability of the person to practise as a pharmacist is or
                     is likely to be affected;

                                                                         page 45
     Pharmacists Bill 2006
     Part 6          Disciplinary and impairment matters
     Division 2      Committees
     s. 68



                  (b)   that a person suffers from an impairment to such an
                        extent that the ability of the person to practise as a
                        pharmacist is or is likely to be affected.

                              Division 2 -- Committees
 5   68.         Complaints assessment committee
           (1)   The Board is to establish a committee to be known as the
                 complaints assessment committee.
           (2)   The complaints assessment committee is to consist of the
                 following 3 persons appointed in writing by the Board from
10               time to time --
                   (a) a pharmacist (who may be a member of the Board);
                   (b) a person who is not a pharmacist and is not qualified to
                         be registered as a pharmacist;
                   (c) such other person (including a pharmacist or member of
15                       the Board) as the Board considers appropriate.
           (3)   The Board is to appoint a member of the complaints assessment
                 committee to be the committee's chairperson.
           (4)   The complaints assessment committee is to submit an annual
                 report to the Board as soon as is practicable after 30 June in
20               each year in respect of the functions performed by the
                 committee during the year that ended on that day.
           (5)   A notice or appointment authorised by this Act to be given or
                 made by the complaints assessment committee is taken to have
                 been given or made by the committee if it is signed on behalf of
25               the committee --
                   (a) by the chairperson of the committee; or
                   (b) by some other person authorised by the committee to
                        sign the notice or appointment.




     page 46
                                                             Pharmacists Bill 2006
                                Disciplinary and impairment matters         Part 6
                                                        Complaints     Division 3
                                                                              s. 69



     69.         Impairment review committee
           (1)   The Board may establish a committee to be known as the
                 impairment review committee.
           (2)   The impairment review committee is to consist of the following
 5               3 persons appointed in writing by the Board from time to
                 time --
                   (a) a pharmacist (who may be a member of the Board);
                   (b) a medical practitioner;
                   (c) such other person (including a pharmacist or member of
10                      the Board) as the Board considers appropriate.
           (3)   The Board is to appoint a member of the impairment review
                 committee to be the committee's chairperson.
           (4)   A notice or appointment authorised by this Act to be given or
                 made by the impairment review committee is taken to have been
15               given or made by the committee if it is signed on behalf of the
                 committee --
                   (a) by the chairperson of the committee; or
                   (b) by some other person authorised by the committee to
                        sign the notice or appointment.

20                            Division 3 -- Complaints
     70.         Complaints
           (1)   A person may lodge a complaint in relation to an impairment
                 matter with the complaints assessment committee in relation to
                 a person who is a pharmacist.
25         (2)   A person may lodge a complaint in relation to a disciplinary
                 matter with the complaints assessment committee in relation
                 to --
                   (a) a person who is registered as a pharmacist; or
                   (b) a person who was registered as a pharmacist when the
30                      disciplinary matter allegedly occurred, but who is no
                        longer registered as a pharmacist.

                                                                          page 47
     Pharmacists Bill 2006
     Part 6          Disciplinary and impairment matters
     Division 3      Complaints
     s. 71



           (3)   If the Director refers a complaint to the Board under the Health
                 Services (Conciliation and Review) Act 1995 section 31
                 or 43(3), the Board is to refer the complaint to the complaints
                 assessment committee.
 5         (4)   The complaints assessment committee may determine that an
                 impairment matter or a disciplinary matter is to be dealt with as
                 if it were the subject of a complaint lodged with the committee,
                 despite no complaint having been made to it.
           (5)   The complaints assessment committee is not to make a
10               determination under subsection (4) unless it is of the opinion
                 that --
                   (a) in respect of a person who is a pharmacist when the
                        determination is made, there is cause to investigate
                        whether an impairment matter or a disciplinary matter
15                      exists or has occurred; or
                   (b) in respect of a person who was a pharmacist when a
                        disciplinary matter allegedly occurred, there is cause to
                        investigate whether a disciplinary matter occurred.

     71.         Complaints assessment committee to determine action
20               required
           (1)   The complaints assessment committee is to decide in respect of
                 a complaint --
                   (a) if the committee is of the opinion that the complaint
                        requires action under Division 4, to refer it to the Board
25                      for action under that Division; or
                   (b) to reject the complaint under section 72; or
                   (c) in the case of a complaint relating to a disciplinary
                        matter, to deal with the complaint under subsection (3)
                        or section 76; or
30                 (d) in the case of a complaint relating to an impairment
                        matter, to refer the complaint to the impairment review
                        committee.


     page 48
                                                              Pharmacists Bill 2006
                                 Disciplinary and impairment matters         Part 6
                                           Summary orders of Board      Division 4
                                                                               s. 72



           (2)   To enable the complaints assessment committee to make a
                 decision under subsection (1) the committee may make such
                 inquiries as it considers appropriate.
           (3)   If the complaint relates to a disciplinary matter referred to in
 5               section 66(c)(v), the complaints assessment committee may
                 recommend to the Board that it make an allegation to the State
                 Administrative Tribunal based on the complaint that gave rise to
                 the undertaking.

     72.         Complaints assessment committee may reject certain
10               complaints
           (1)   The complaints assessment committee may at any time before
                 deciding to --
                   (a) refer a complaint to the impairment review committee
                        under section 71(1)(d); or
15                 (b) make a recommendation to the Board under
                        section 71(3) or 76,
                 reject a complaint if it is of the opinion that the complaint is
                 frivolous, vexatious or without substance.
           (2)   Within 7 days of making a decision under subsection (1), the
20               complaints assessment committee is to give written notice to the
                 complainant, if any, that the complaint is rejected and in the
                 notice is to give short particulars of the reasons for its decision.

                      Division 4 -- Summary orders of Board
     73.         Interim orders by Board
25         (1)   If the Board is of the opinion that an activity of a pharmacist
                 involves or will involve a risk of imminent injury or harm to the
                 physical or mental health of any person, the Board may, without
                 further inquiry, do any or all of the following --
                   (a) give to the pharmacist who is carrying on that activity an
30                       order prohibiting the carrying on of the activity for a
                         period of not more than 30 days;

                                                                             page 49
     Pharmacists Bill 2006
     Part 6          Disciplinary and impairment matters
     Division 4      Summary orders of Board
     s. 73



                (b)   give to the pharmacist an order to comply, for a period
                      of not more than 30 days, with such conditions as the
                      Board thinks fit in relation to the practice of pharmacy
                      by that pharmacist;
 5              (c)   give to the pharmacist an order suspending the person
                      from the practice of pharmacy, either generally or in
                      relation to any specified circumstances or service, for a
                      period of not more than 30 days.
        (2)    An order made under subsection (1) must --
10              (a) state that the Board is of the opinion that the activity of
                      the pharmacist involves or will involve a risk of
                      imminent injury or harm to the physical or mental health
                      of any person; and
                (b) specify the activity that in the Board's opinion involves
15                    or will involve the risk and the matters that give or will
                      give rise to the risk; and
                (c) advise that, within 14 days of the making of the order,
                      the Board will revoke the order or make an allegation
                      about the matter to the State Administrative Tribunal.
20      (3)    The Board may, by subsequent order given to the person to
               whom an order made under subsection (1) was given, revoke or
               vary the original order at any time before making an allegation
               about the matter to the State Administrative Tribunal under
               section 74.
25      (4)    The Board may deal under this section with a complaint even
               if --
                  (a) the Board, the impairment review committee or the
                      complaints assessment committee is already dealing
                      with the complaint, or a complaint including elements of
30                    the first-mentioned complaint, under this Act; or
                  (b) the same complaint, or a complaint including elements
                      of the first-mentioned complaint before the Board, has
                      been made under the Health Services (Conciliation and
                      Review) Act 1995 or is being treated as a complaint that
35                    was made under that Act.

     page 50
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                                                 Disciplinary matters    Division 5
                                                                                s. 74



     74.         Complaint dealt with summarily to be referred to the State
                 Administrative Tribunal
           (1)   Within 14 days of making an order under section 73, if that
                 order is not revoked under section 73(3), the Board is to --
 5                 (a) make an allegation about the matter in respect of which
                         the order was made to the State Administrative Tribunal;
                         and
                   (b) order that any other proceedings under this Part in
                         respect of the matter commenced before the making of
10                       the order be discontinued.
           (2)   Upon an allegation made under subsection (1) the State
                 Administrative Tribunal may, in addition to any other order it
                 may make, affirm or revoke an order under section 73(1) or
                 vary the order by extending the period for which it applies or in
15               any other respect.

     75.         Complaint not dealt with summarily to be referred to
                 relevant committee
                 If the Board does not make an order under section 73 in respect
                 of a complaint referred to it under section 71(1)(a) then the
20               Board is to --
                   (a) refer the complaint to the complaints assessment
                         committee, if the complaint relates to a disciplinary
                         matter; or
                   (b) refer the complaint to the impairment review committee,
25                       if the complaint relates to an impairment matter.

                         Division 5 -- Disciplinary matters
     76.         Investigation and recommendation
           (1)   If the complaints assessment committee has made a decision to
                 deal with a complaint relating to a disciplinary matter under this
30               section or has had a complaint referred back to it under
                 section 75, the complaints assessment committee is to
                 investigate the complaint.

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     Division 5      Disciplinary matters
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           (2)   On completion of the investigation the complaints assessment
                 committee is to make a recommendation to the Board --
                   (a) to make a summary order under Division 4 (unless the
                        complaint has been referred back to the committee under
 5                      section 75); or
                   (b) if the complaint comes within the Health Services
                        (Conciliation and Review) Act 1995 section 25, not
                        being a complaint referred to the Board under section 31
                        or 43(3) of that Act, to give a copy of the complaint to
10                      the Director; or
                   (c) if paragraph (b) does not apply, to attempt to settle the
                        complaint by conciliation; or
                   (d) to caution or reprimand the respondent; or
                   (e) to accept an undertaking from the respondent to take or
15                      refrain from action specified in the recommendation; or
                    (f) to make an allegation about the complaint to the State
                        Administrative Tribunal; or
                   (g) to take no further action.
           (3)   The complaints assessment committee is not to make a
20               recommendation under subsection (2)(c) unless it is satisfied
                 that the matter can be dealt with satisfactorily by informal
                 procedures.
           (4)   The complaints assessment committee may recommend to the
                 Board that it take action under both subsection (2)(d) and (e) in
25               respect of a complaint.

     77.         Role of Board
           (1)   The Board is to consider the recommendation of the complaints
                 assessment committee under section 76(2) and may either --
                   (a) act on the recommendation of the complaints assessment
30                      committee; or
                   (b) take action of a kind referred to in section 76(2) other
                        than that recommended by the complaints assessment
                        committee.

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                                                 Disciplinary matters    Division 5
                                                                                s. 78



           (2)   The Board is not to take action of a kind referred to in
                 section 76(2)(c) unless it is satisfied that the matter can be dealt
                 with satisfactorily by informal procedures.
           (3)   The Board may take action under both section 76(2)(d) and (e)
 5               in respect of a complaint.
           (4)   Within 7 days of making a decision under subsection (1), the
                 Board is to give written notice to the complainant, if any, and
                 the respondent of the action proposed to be taken by the Board
                 together with short particulars of the reasons for the decision.

10   78.         Alternative to making allegation to the State Administrative
                 Tribunal
           (1)   If the Board --
                   (a) is of the opinion that a proceeding before the State
                         Administrative Tribunal is not warranted by the nature
15                       of the allegation; and
                   (b) has afforded to the person concerned the opportunity of
                         giving an explanation to the Board either in person or in
                         writing and is not satisfied by any explanation offered;
                         and
20                 (c) has afforded to the person concerned the option of the
                         matter proceeding before the State Administrative
                         Tribunal and that option has not been taken up,
                 the Board, instead of making an allegation to the State
                 Administrative Tribunal under section 77(1), may do one or
25               more of the following --
                   (d) if the person is a pharmacist, order that the particulars
                        entered in the register in relation to that person be
                        amended;
                   (e) caution or reprimand that person;




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     Part 6          Disciplinary and impairment matters
     Division 6      Impairment matters
     s. 79



                   (f)   if the person is a pharmacist, require that person to give
                         an undertaking to the Board, either with or without
                         security, for such period as is specified --
                            (i) in relation to his or her future conduct as a
 5                               pharmacist;
                           (ii) to comply with such conditions as are specified
                                 in relation to his or her practice of pharmacy;
                  (g)    order that person to pay to the Board a penalty not
                         exceeding a fine of $2 500.
10         (2)   The Board may, in addition to or instead of imposing one or
                 more of the penalties specified in subsection (1), order the
                 person concerned to pay such costs and expenses of or
                 incidental to the proceedings as the Board thinks fit.
           (3)   Where any penalty, costs or expenses are ordered to be paid
15               under this section the amount ordered to be paid is recoverable
                 in any court of competent jurisdiction as a debt due to the
                 Board.
           (4)   Within 7 days of making a decision under subsection (1)(d)
                 to (g) or (2), the Board is to give written notice to the
20               complainant, if any, and the respondent of the decision together
                 with short particulars of the reasons for the decision.

                         Division 6 -- Impairment matters
     79.         Request by pharmacist for imposition of condition
           (1)   A pharmacist who believes that his or her ability to practise
25               pharmacy is affected because of an impairment matter may ask
                 the Board to impose a condition with respect to his or her
                 registration as a pharmacist.
           (2)   If the Board and the pharmacist agree on the condition to be
                 imposed, the Board is to impose the condition with respect to
30               the registration of the pharmacist.



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                                 Disciplinary and impairment matters         Part 6
                                                  Impairment matters    Division 6
                                                                               s. 80



           (3)   If the Board and the pharmacist do not agree on the condition to
                 be imposed, the Board is to refer the matter to the impairment
                 review committee for investigation under this Division.

     80.         Revocation of condition
 5               The Board may revoke a condition imposed under section 79 if
                 the pharmacist satisfies the impairment review committee that
                 his or her ability to practise pharmacy is no longer affected
                 because of the impairment matter that gave rise to the
                 imposition of the condition.

10   81.         Investigation
                 The impairment review committee is to investigate a complaint
                 referred to it.

     82.         Pharmacist to be notified about investigation
           (1)   The impairment review committee is to give written notice of
15               the investigation to the pharmacist to whom the complaint
                 relates.
           (2)   The notice must --
                  (a) advise the pharmacist of the nature of the impairment
                        matter to be investigated; and
20                (b) if the impairment review committee considers that an
                        examination of the pharmacist is necessary, ask the
                        pharmacist to advise the committee as to whether or not
                        he or she will agree to undergo an examination relating
                        to the impairment matter within a period specified by
25                      the committee in the notice; and
                  (c) contain a brief summary of the effect of this Division.

     83.         Examination
           (1)   If the pharmacist agrees to undergo an examination within the
                 period specified in the notice under section 82(2)(b), the
30               pharmacist is to be examined by a medical practitioner agreed
                 upon by the impairment review committee and the pharmacist.

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     Division 6      Impairment matters
     s. 84



           (2)   If the impairment review committee and the pharmacist are
                 unable to agree upon the person to conduct the examination, the
                 Board is to appoint a medical practitioner to perform the
                 examination.
 5         (3)   The Board is to pay for an examination conducted under this
                 section and a report provided under section 84.
           (4)   If the pharmacist does not agree to undergo an examination
                 within the period specified in the notice under section 82(2)(b)
                 or does not abide by an agreement to undergo such an
10               examination, the impairment review committee is to
                 recommend to the Board that the Board make an allegation
                 about the complaint to the State Administrative Tribunal.

     84.         Report of examination
           (1)   A medical practitioner who conducts an examination under
15               section 83 is to give a report of the examination to the
                 impairment review committee and, not more than 7 days later,
                 the committee is to give a copy of the report to the pharmacist.
           (2)   Despite subsection (1), if it appears to the impairment review
                 committee that the disclosure to the pharmacist of information
20               in the report might be prejudicial to the physical or mental
                 health or wellbeing of the pharmacist, the committee may
                 decide not to give that report to the pharmacist but to give it
                 instead to a medical practitioner or a pharmacist nominated by
                 the pharmacist.
25         (3)   If the pharmacist does not nominate a medical practitioner or
                 another pharmacist to the impairment review committee within
                 7 days of being requested to do so by the committee, the
                 committee may give the report to a medical practitioner or
                 pharmacist selected by the committee.
30         (4)   The pharmacist may make written representations to the
                 impairment review committee with respect to the report within
                 7 days after the report is given to him or her or the medical
                 practitioner or pharmacist nominated by him or her or selected
                 by the committee.

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                                 Disciplinary and impairment matters         Part 6
                                                  Impairment matters    Division 6
                                                                               s. 85



     85.         Role of the impairment review committee
           (1)   On completion of the investigation of a pharmacist and after
                 considering --
                   (a) any report given to the committee under section 84(1);
 5                      and
                   (b) any representations made by the pharmacist under
                        section 84(4),
                 the impairment review committee is to decide whether or not
                 further action should be taken.
10         (2)   If the impairment review committee decides that further action
                 should be taken, it is to request that the pharmacist consent --
                   (a) to the imposition of conditions on his or her registration
                          as a pharmacist; or
                   (b) to being suspended from the practice of pharmacy for a
15                        period, not exceeding 2 years, specified by the
                          impairment review committee; or
                   (c) to undergo counselling specified by the impairment
                          review committee.
           (3)   If the impairment review committee decides that no further
20               action should be taken it is to give written advice to that effect
                 to --
                   (a) the Board; and
                   (b) the complainant, if any; and
                   (c) the pharmacist.

25   86.         Recommendation
           (1)   If the pharmacist does not consent to a request made under
                 section 85(2) within 10 days of the request being made, the
                 impairment review committee is to recommend to the Board
                 that the Board make an allegation about the complaint to the
30               State Administrative Tribunal.



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     Division 6      Impairment matters
     s. 87



           (2)   If the pharmacist does consent to a request made under
                 section 85(2) within 10 days of the request being made, the
                 impairment review committee is to recommend to the Board
                 that the Board take any action to which the pharmacist
 5               consented.
           (3)   A recommendation made under subsection (1) or (2) must be
                 made in writing and contain details of the committee's
                 investigation of the pharmacist.

     87.         Role of Board
10         (1)   The Board is to consider a recommendation of the impairment
                 review committee and may --
                   (a) decide not to take any action; or
                   (b) take any action to which the pharmacist consented under
                        section 85(2); or
15                 (c) make an allegation about the complaint to the State
                        Administrative Tribunal.
           (2)   For the purpose of taking action to which the pharmacist
                 consented under section 85(2), the Board may --
                   (a) impose the conditions to which the pharmacist
20                       consented; or
                   (b) suspend the pharmacist from the practice of pharmacy
                         for the period specified by the impairment review
                         committee; or
                   (c) obtain an undertaking from the pharmacist to undergo
25                       the counselling specified by the impairment review
                         committee,
                 as the case may require.
           (3)   Within 7 days of making a decision under subsection (1) or (2)
                 the Board is to give written notice to the pharmacist and the
30               complainant, if any, of the decision made by the Board together
                 with short particulars of the reasons for the decision.


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                                 Disciplinary and impairment matters           Part 6
                                       Investigator's role and powers     Division 7
                                                                                 s. 88



                   Division 7 -- Investigator's role and powers
     88.         Definition
                 In this Division --
                 "appointing body", in relation to an investigator, means the
 5                    Board or the complaints assessment committee which
                      appointed the investigator.

     89.         Investigator
           (1)   The Board or the complaints assessment committee may appoint
                 a person to investigate a complaint and report to the Board or
10               committee.
           (2)   An appointing body is to issue to each investigator it appoints a
                 certificate of appointment in an approved form.
           (3)   A certificate purporting to have been issued under this section is
                 evidence in any court of the appointment to which the certificate
15               purports to relate.

     90.         Report of investigator
           (1)   An investigator is to --
                  (a) within such period as the appointing body requires,
                        prepare a report on the investigation, and make
20                      recommendations as to the manner in which the
                        complaint should be dealt with; and
                  (b) immediately after preparing the report, provide the
                        appointing body with a copy of the report.
           (2)   The investigator is to return his or her certificate of appointment
25               at the time the appointing body is provided with a copy of the
                 report.




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     Division 7      Investigator's role and powers
     s. 91



     91.         Powers of investigator
           (1)   An investigator may for the purposes of an investigation --
                  (a) enter and inspect the premises named in a warrant issued
                        under section 93(1), and exercise the powers authorised
 5                      under section 93(2)(b) and (c); and
                  (b) require a person to produce to the investigator any
                        document or other thing concerning the investigation
                        that is in the possession or under the control of the
                        person; and
10                (c) inspect any document or other thing produced to the
                        investigator and retain it for such reasonable period as
                        the investigator thinks fit, and make copies of a
                        document or any of its contents; and
                  (d) require a person --
15                         (i) to give the investigator such information as the
                                 investigator requires; and
                          (ii) to answer any question put to that person,
                        in relation to the matter the subject of the investigation;
                        and
20                (e) exercise other powers conferred on an investigator by
                        the regulations.
           (2)   A requirement made under subsection (1)(b) --
                  (a) must be made by notice in writing given to the person
                        required to produce the document or other thing; and
25                (b)   must specify the time at or within which the document
                        or other thing is to be produced; and
                  (c)   may, by its terms, require that the document or other
                        thing required be produced at a place and by means
                        specified in the requirement; and
30                (d)   where the document required is not in a readable format,
                        is to be treated as a requirement to produce --
                           (i) the document itself; and


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                           Disciplinary and impairment matters           Part 6
                                 Investigator's role and powers     Division 7
                                                                           s. 91



                    (ii)   the contents of the document in a readable
                           format.
     (3)   A requirement made under subsection (1)(d) --
            (a) may be made orally or by notice in writing served on the
 5                person required to give information or answer a
                  question, as the case may be; and
            (b) must specify the time at or within which the information
                  is to be given or the question is to be answered, as the
                  case may be; and
10          (c) may, by its terms, require that the information or answer
                  required --
                     (i) be given orally or in writing; or
                    (ii) be given at or sent or delivered to a place
                          specified in the requirement; or
15                 (iii) in the case of written information or answers be
                          sent or delivered by means specified in the
                          requirement; or
                   (iv) be verified by statutory declaration.
     (4)   If under subsection (1)(b) an investigation requires a person to
20         produce a document or other thing, the investigator is to inform
           the person that the person is required under this Act to produce
           the document or other thing.
     (5)   If under subsection (1)(d) an investigator requires a person to
           give information or answer a question, the investigator is to
25         inform that person that the person is required under this Act to
           give the information or answer the question.
     (6)   An investigator is to produce his or her certificate of
           appointment if requested to do so by a person in respect of
           whom the investigator has exercised, or is about to exercise, a
30         power under this section.




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     Division 7      Investigator's role and powers
     s. 92



     92.         Warrant to enter premises
           (1)   If the Board has determined in a particular case that an
                 investigator has reasonable grounds for believing that entry to
                 premises is necessary for the purpose of substantiating a
 5               complaint that may involve a threat to the physical or mental
                 health of a person, the investigator may apply to a magistrate for
                 a warrant to be issued in respect of those premises.
           (2)   An application for a warrant must --
                  (a) be in writing; and
10                (b) be accompanied by a notice in writing from the Board
                        stating that it has determined in the particular case that
                        the investigator has reasonable grounds for believing
                        that entry to premises is necessary for the purpose of
                        substantiating a complaint that may involve a threat to
15                      the physical or mental health of a person; and
                  (c) set out the grounds for seeking the warrant; and
                  (d) describe the premises that are to be entered.
           (3)   A magistrate to whom an application is made under this section
                 is to refuse it if --
20                  (a) the application does not comply with the requirements
                          of this Act; or
                   (b) when required to do so by the magistrate, the
                          investigator does not give to the magistrate more
                          information about the application.
25         (4)   The information in an application given to a magistrate under
                 this section must be verified before the magistrate on oath or
                 affirmation or by affidavit, and the magistrate may for that
                 purpose administer an oath or affirmation or take an affidavit.




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                                 Disciplinary and impairment matters           Part 6
                                       Investigator's role and powers     Division 7
                                                                                 s. 93



     93.         Issue of warrant
           (1)   A magistrate to whom an application is made under section 92
                 may issue a warrant, if satisfied that there are reasonable
                 grounds for believing that entry and inspection of the premises
 5               are necessary for the purpose referred to in that section.
           (2)   A warrant under subsection (1) authorises the investigator --
                  (a) to enter and inspect the premises named in the warrant;
                        and
                  (b) to require a person on the premises to answer questions
10                      or produce documents or other things concerning the
                        investigation that are in the possession or under the
                        control of the person; and
                  (c) to inspect documents and other things, and take copies
                        of or extracts from documents, produced in compliance
15                      with a requirement made under paragraph (b).
           (3)   There must be stated in a warrant --
                  (a) the purpose for which the warrant is issued; and
                  (b) the name of the person to whom the warrant is issued;
                        and
20                (c) a description of the premises that may be entered.
           (4)   A magistrate who issues a warrant is to cause a record to be
                 made of particulars of the grounds that the magistrate has relied
                 on to justify the issue of the warrant.

     94.         Execution of warrant
25         (1)   If asked by an occupier, or a person in charge, of premises, the
                 person executing a warrant at those premises is to produce it for
                 inspection.
           (2)   A warrant ceases to have effect --
                  (a) at the end of the period of one month after its issue; or
30                (b) if it is withdrawn by the magistrate who issued it; or


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     Pharmacists Bill 2006
     Part 6          Disciplinary and impairment matters
     Division 8      Conciliation
     s. 95



                   (c)   when it is executed,
                 whichever occurs first.

                              Division 8 -- Conciliation
     95.         Conciliation process
 5         (1)   If an attempt is to be made to settle a complaint by conciliation,
                 the Board is to refer the complaint to the complaints assessment
                 committee.
           (2)   The complaints assessment committee is to commence
                 conciliation procedures within 14 days of the complaint being
10               referred to it under subsection (1) and may for that purpose --
                   (a) cause conferences of the complainant or person affected
                         by the conduct of the respondent and the respondent, or
                         their representatives, to be arranged and to be presided
                         over by a person appointed in accordance with the
15                       regulations; and
                  (b)    give advice and make recommendations to assist in the
                         reaching of an agreement; and
                   (c)   cause the persons concerned, or any of them, either
                         separately or together, to appear before the complaints
20                       assessment committee.
           (3)   The Board may, with the consent of each of the parties to that
                 agreement, by order give effect to an agreement negotiated
                 under this Division.
           (4)   If the Board makes an order under subsection (3) --
25                 (a) the terms of the agreement reached between the parties
                         referred to in the order are final and binding on those
                         parties; and
                   (b) the order may include any action that might have been
                         taken by the State Administrative Tribunal under
30                       section 97(1) or 98(1).



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                             Role of the State Administrative Tribunal    Division 9
                                                                                 s. 96



           (5)   Evidence of anything lawfully said or done, or any record
                 prepared and produced for the purpose of conciliation, by a
                 person in the course of the conciliation process is not to be used
                 in any subsequent consideration of the complaint by the Board
 5               nor, unless that person waives the right to object, is it admissible
                 in evidence against that person in any subsequent civil
                 proceedings concerning the subject matter of the complaint.

     96.         Action if conciliation fails
                 If --
10                 (a)   the conciliation process fails to result in an agreement
                         between the complainant or other person affected by the
                         conduct of the respondent and the respondent; or
                  (b)    the Board is satisfied that the parties are not cooperating
                         with the conciliation process; or
15                 (c)   the Board is not satisfied with the result of the
                         conciliation process,
                 the Board is to --
                   (d) make a summary order under Division 4; or
                   (e) investigate the complaint; or
20                  (f) make an allegation about the complaint to the State
                        Administrative Tribunal.

            Division 9 -- Role of the State Administrative Tribunal
     97.         Powers of the State Administrative Tribunal on dealing with
                 a disciplinary matter
25         (1)   If, in a proceeding commenced by an allegation under this Act,
                 the State Administrative Tribunal is of the opinion that a
                 disciplinary matter exists in relation to a person, the Tribunal
                 may do one or more of the following --
                    (a) decline to make an order or a requirement under this
30                        subsection;


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     Division 9      Role of the State Administrative Tribunal
     s. 97



                (b)    order the registrar to amend the particulars entered in the
                       register in respect of the person;
                (c)    caution or reprimand the person;
                (d)    require the person --
 5                        (i) if the client agrees, to provide further services to
                               a client at no cost or at an amount determined by
                               the Tribunal; or
                         (ii) to pay, wholly or in part, for further services to
                               be provided to a client by another pharmacist; or
10                      (iii) to reduce or refund the amount of any fees paid
                               in respect of services provided to a client, to such
                               an extent as is determined by the Tribunal;
                (e)    order that the person comply with such conditions as the
                       Tribunal may impose on the registration of that person
15                     as a pharmacist;
                 (f)   require the person to complete educational or clinical
                       courses, or both, as specified in the order or to practise
                       under supervision as specified in the order for a period
                       specified in the order;
20              (g)    require the person to seek and implement, within a
                       period specified in the order, advice from a person or
                       persons specified in the order in relation to the
                       management and conduct of the person's practice of
                       pharmacy or the specific part or aspect of that practice
25                     specified in the order;
                (h)    order the person to pay a penalty not exceeding a fine
                       of $25 000;
                 (i)   order that the person's registration as a pharmacist be
                       cancelled and name be removed from the register;
30               (j)   order that the person be suspended from the practice of
                       pharmacy, either generally or in relation to any specified
                       circumstances or service, for a period, not exceeding
                       2 years, specified in the order.


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                             Role of the State Administrative Tribunal    Division 9
                                                                                 s. 98



           (2)   If, in a proceeding commenced by an allegation under this Act
                 against a person who was a pharmacist when the disciplinary
                 matter allegedly occurred but who is no longer a pharmacist, the
                 State Administrative Tribunal is of the opinion that a
 5               disciplinary matter exists in relation to the person, the only
                 powers that the Tribunal may exercise are the powers in
                 subsection (1)(a), (c), (d)(ii) and (iii) and (h).
           (3)   If, during the course of hearing an allegation in respect of a
                 disciplinary matter, the State Administrative Tribunal
10               determines that the allegation involves an impairment matter,
                 the Tribunal may deal with it under section 98(1) instead of
                 under this section.
     98.         Powers of the State Administrative Tribunal on dealing with
                 an impairment matter
15         (1)   If, in a proceeding commenced by an allegation under
                 section 87(1)(c), the State Administrative Tribunal is of the
                 opinion that an impairment matter exists in relation to a person,
                 the Tribunal may do one or more of the following --
                    (a) decline to make an order or a requirement under this
20                        subsection;
                   (b) order that the person comply with such conditions as the
                          Tribunal may impose on the registration of that person
                          as a pharmacist;
                    (c) require the person to seek and undergo medical
25                        treatment or counselling specified by the Tribunal;
                   (d) order that the person be suspended from the practice of
                          pharmacy, either generally or in relation to any specified
                          circumstances or service, for the period of time, not
                          exceeding 2 years, specified by the State Administrative
30                        Tribunal in the order.
           (2)   If, during the course of hearing an allegation in respect of an
                 impairment matter, the State Administrative Tribunal
                 determines that the allegation involves a disciplinary matter, the
                 Tribunal may deal with it under section 97(1) or (2) instead of
35               under this section.

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     Part 6          Disciplinary and impairment matters
     Division 10     Miscellaneous
     s. 99



                            Division 10 -- Miscellaneous
     99.         Suspension
           (1)   Subject to subsection (3)(b), if, under section 73(1)(c), 87(2)(b),
                  97(1)(j) or 98(1)(d), a person is suspended from the practice of
 5               pharmacy generally, the person is to be regarded as not being
                 registered as a pharmacist during the period of the suspension.
           (2)   Subject to subsection (3)(b), if, under section 73(1)(c), 97(1)(j)
                 or 98(1)(d), a person is suspended from the practice of
                 pharmacy in relation to any specified circumstances or service,
10               the person is to be regarded as not being registered as a
                 pharmacist during the period of the suspension in relation to the
                 circumstances or the performance of the service specified in the
                 order of suspension.
           (3)   If a person suspended from the practice of pharmacy --
15                 (a) is a person with overall responsibility for pharmacy
                          business carried on at a pharmacy under section 62 then,
                          the person in whose name the pharmacy is registered
                          is --
                             (i) as soon as is practicable after the pharmacist is
20                               suspended, but in any event not later than 5 days
                                 after the suspension, to appoint another
                                 pharmacist to have overall responsibility for the
                                 pharmacy business carried on at that pharmacy;
                                 and
25                          (ii) notify the Board in accordance with
                                 section 62(3);
                          or
                   (b) for a period of 12 months or less, owns, or holds a
                          proprietary interest in, a pharmacy business then the
30                        person is to be regarded as being registered as a
                          pharmacist for the purpose of section 60 and, subject to
                          this Act, may continue to own, or hold the interest in,
                          the pharmacy business for the period of the suspension.

     page 68
                                                          Pharmacists Bill 2006
                             Disciplinary and impairment matters         Part 6
                                                  Miscellaneous    Division 10
                                                                         s. 100



       (4)   The Board may, by notice in writing, revoke a suspension,
             either generally or to a specified extent, and may direct in the
             notice that the revocation has effect from a date specified in the
             notice.
 5     (5)   The Board cannot revoke a suspension that was imposed by the
             State Administrative Tribunal under section 97(1)(j) or 98(1)(d)
             unless it has applied for, and obtained, the approval of the
             Tribunal to do so.

     100.    Costs and recovery
10     (1)   The Board may, in addition to or instead of exercising a power
             under section 77(1), order the respondent to pay such costs and
             expenses of or arising from the investigation and exercise of
             that power as the Board thinks fit.
       (2)   Any costs or expenses ordered to be paid under this section are
15           recoverable by the Board in a court of competent jurisdiction as
             a debt due to the Board.




                                                                        page 69
     Pharmacists Bill 2006
     Part 7          Offences

     s. 101



                                Part 7 -- Offences
     101.      Persons who may practise pharmacy
               A person must not practise pharmacy unless that person is
               registered as a pharmacist under section 26.
 5             Penalty:
                    (a) for an individual --
                             (i) for a first offence, a fine of $5 000, and for
                                  each separate and further offence committed
                                  by the person under the Interpretation
10                                Act 1984 section 71, a fine of $200;
                            (ii) for a subsequent offence, a fine of $10 000,
                                  and for each separate and further offence
                                  committed by the person under the
                                  Interpretation Act 1984 section 71, a fine
15                                of $400;
                   (b)   for a body corporate --
                            (i) for a first offence, a fine of $10 000, and for
                                 each separate and further offence committed
                                 by the person under the Interpretation
20                               Act 1984 section 71, a fine of $400;
                           (ii) for a subsequent offence, a fine of $20 000,
                                 for each separate and further offence
                                 committed by the person under the
                                 Interpretation Act 1984 section 71, a fine
25                               of $800.

     102.      Persons who may be employed or engaged to practise
               pharmacy
               A person must not employ or engage a person to practise
               pharmacy unless the person employed or engaged is registered
30             as a pharmacist under section 26.




     page 70
                                                         Pharmacists Bill 2006
                                                      Offences          Part 7

                                                                         s. 103



            Penalty:
                (a)    for an individual --
                          (i) for a first offence, a fine of $5 000, and for
                               each separate and further offence committed
 5                             by the person under the Interpretation
                               Act 1984 section 71, a fine of $200;
                         (ii) for a subsequent offence, a fine of $10 000,
                               and for each separate and further offence
                               committed by the person under the
10                             Interpretation Act 1984 section 71, a fine
                               of $400;
                (b)    for a body corporate --
                          (i) for a first offence, a fine of $10 000, and for
                               each separate and further offence committed
15                             by the person under the Interpretation
                               Act 1984 section 71, a fine of $400;
                         (ii) for a subsequent offence, a fine of $20 000,
                               and for each separate and further offence
                               committed by the person under the
20                             Interpretation Act 1984 section 71, a fine
                               of $800.
     103.   Exceptions to sections 101 and 102
            For the purposes of sections 101 and 102, a person is not
            practising pharmacy only because --
25            (a) the person is a student or trainee; or
              (b) the person employs or engages a person who practises
                    pharmacy.
     104.   Restrictions on employment of person suspended from
            practice or whose registration is cancelled
30          A person is not to employ or engage in any capacity in a
            pharmacy business a person --
              (a) who is suspended generally from the practice of
                   pharmacy; or

                                                                       page 71
     Pharmacists Bill 2006
     Part 7          Offences

     s. 105



                (b)   whose registration is cancelled, other than under
                      section 49.
               Penalty:
                   (a) for an individual --
 5                          (i) for a first offence, a fine of $5 000, and for
                                each separate and further offence committed
                                by the person under the Interpretation
                                Act 1984 section 71, a fine of $200;
                           (ii) for a subsequent offence, a fine of $10 000,
10                              and for each separate and further offence
                                committed by the person under the
                                Interpretation Act 1984 section 71, a fine
                                of $400;
                   (b) for a body corporate --
15                          (i) for a first offence, a fine of $10 000, and for
                                each separate and further offence committed
                                by the person under the Interpretation
                                Act 1984 section 71, a fine of $400;
                           (ii) for a subsequent offence, a fine of $20 000,
20                              and for each separate and further offence
                                committed by the person under the
                                Interpretation Act 1984 section 71, a fine
                                of $800.

     105.      Use of restricted titles, or pretending to be registered
25      (1)    In this section --
               "restricted title" means --
                    (a) "pharmacist", "pharmaceutical chemist",
                           "pharmaceutist", "chemist", "druggist"; or
                    (b) such other title, if any, as is prescribed by the rules as
30                         a restricted title.




     page 72
                                                       Pharmacists Bill 2006
                                                    Offences          Part 7

                                                                        s. 105



     (2)   A person must not --
            (a) use a restricted title unless the person is a pharmacist; or
            (b) advertise or otherwise hold out or imply, that the person
                  is registered as a pharmacist unless the person is a
 5                pharmacist; or
            (c) advertise or otherwise hold out or imply that the person
                  is entitled, either alone or with others, to practise
                  pharmacy, unless the person is a pharmacist registered
                  under section 26.
10   (3)   Subsection (2)(a) does not prohibit --
            (a) a person who holds a qualification in chemistry,
                  obtained from a university or other tertiary institution,
                  from using the title "chemist"; or
            (b) a student or trainee from using a restricted title in
15                conjunction with the word "student" or "trainee".
     (4)   A person must not --
            (a) use the title "pharmacy" in respect of a business that the
                  person is carrying on unless --
                     (i) the business is a pharmacy business; and
20                  (ii) the person is entitled under section 60(1) to own,
                         or hold a proprietary interest in, such a business;
                  or
            (b) advertise or otherwise hold out or imply that premises at
                  which the person is carrying on a business are a
25                pharmacy unless --
                     (i) the premises at which the business is carried on
                         are registered as a pharmacy; and
                    (ii) the business is a pharmacy business; and
                   (iii) the person is entitled under section 60(1) to own,
30                       or hold a proprietary interest in, such a business.




                                                                      page 73
     Pharmacists Bill 2006
     Part 7          Offences

     s. 106



               Penalty:
                   (a)    for a first offence --
                             (i) a fine of $2 500;
                            (ii) for each separate and further offence
 5                                 committed by the person under the
                                   Interpretation Act 1984 section 71, a fine
                                   of $100;
                   (b)    for a subsequent offence --
                             (i) a fine of $5 000;
10                          (ii) for each separate and further offence
                                   committed by the person under the
                                   Interpretation Act 1984 section 71, a fine
                                   of $200.
     106.      Provision of pharmaceutical services by unregistered person
15             in an emergency or by defence force pharmacist
               It is a defence to a prosecution of a natural person for an offence
               against section 101 or 105(2) to prove that --
                  (a) the person --
                           (i) is entitled to practise pharmacy under the laws of
20                                 another State or a territory; and
                          (ii) acted to provide assistance to a person in
                                   apparent need of emergency pharmaceutical
                                   assistance;
                        or
25               (b) the person is entitled to practise pharmacy under the
                        laws of another State or a territory and is a
                        pharmacist --
                           (i) with any of the defence forces of the
                                Commonwealth; and
30                        (ii) who practises pharmacy for the benefit only of
                                the defence forces of the Commonwealth,
                                visiting defence forces or officers of the
                                Commonwealth Department of Defence.

     page 74
                                                         Pharmacists Bill 2006
                                                      Offences          Part 7

                                                                        s. 107



     107.    Undue influence
             A person must not cause or induce a pharmacist to do any thing
             in the course of practising pharmacy that the person is aware, or
             ought reasonably to be aware, is conduct that would constitute a
 5           disciplinary matter.
             Penalty:
                 (a)    for an individual, a fine of $5 000;
                 (b)    for a body corporate, a fine of $10 000.

     108.    Failure to comply with disciplinary action
10           A person must not contravene or fail to comply with an order of
             the Board given to that person under section 73 or 78.
             Penalty:
                  (a) for an individual, a fine of $5 000;
                  (b) for a body corporate, a fine of $10 000.

15   109.    False or misleading information
       (1)   A person must not do any of the things set out in
             subsection (2) --
               (a) in relation to an application; or
               (b) in relation to the compliance, or purported compliance,
20                  with any requirement of this Act to give the Board or the
                    registrar advice or information; or
               (c) in relation to an attempt at conciliation under section 95.
             Penalty: a fine of $24 000 or imprisonment for 2 years.
       (2)   Subsection (1) applies to the following things --
25            (a) making a statement which the person knows is false or
                    misleading in a material particular;
              (b) making a statement which is false or misleading in a
                    material particular, with reckless disregard as to whether
                    or not the statement is false or misleading in a material
30                  particular;

                                                                      page 75
     Pharmacists Bill 2006
     Part 7          Offences

     s. 110



                 (c)   providing, or causing to be provided, information that
                       the person knows is false or misleading in a material
                       particular;
                (d)    providing, or causing to be provided, information that is
 5                     false or misleading in a material particular, with reckless
                       disregard as to whether the information is false or
                       misleading in a material particular.

     110.      Offences in relation to investigations
        (1)    Where under section 91 a person is required to give any
10             information, answer any question, or produce any document or
               other thing and that person, without reasonable excuse (proof of
               which lies on the person) --
                 (a) fails to give that information or answer that question at
                       or within the time specified in the requirement; or
15               (b) gives any information or answer that is false in any
                       particular; or
                 (c) fails to produce that document or other thing at or within
                       the time specified in the requirement,
               the person commits an offence.
20             Penalty:
                    (a) for an individual, a fine of $5 000;
                    (b) for a body corporate, a fine of $10 000.
        (2)    It is a defence to a prosecution for an offence against
               subsection (1)(a) or (c) for the accused to show --
25                (a) that, in the case of an alleged offence arising out of a
                        requirement made orally under section 91, the
                        investigator did not, when making the requirement,
                        inform the accused that he or she was required under
                        this Act to give the information or answer the question,
30                      as the case may be; or
                 (b) that, in the case of an alleged offence arising out of a
                        requirement made by notice in writing under section 91,
                        the notice did not state that he or she was required under

     page 76
                                                       Pharmacists Bill 2006
                                                    Offences          Part 7

                                                                       s. 111



                   this Act to give the information, answer the question, or
                   produce the document or other thing, as the case may
                   be; or
             (c)   that the time specified in the requirement did not afford
 5                 the accused sufficient notice to enable him or her to
                   comply with the requirement; or
             (d)   that, in any case, the investigator did not, before making
                   the requirement, have reasonable grounds to believe that
                   compliance with the requirement would materially assist
10                 in the investigation being carried out.

     111.   Obstruction of investigator
            A person shall not prevent or attempt to prevent an investigator
            from entering premises or otherwise obstruct or impede an
            investigator in the exercise of his or her powers under
15          section 91.
            Penalty:
                 (a) for an individual, a fine of $5 000;
                 (b) for a body corporate, a fine of $10 000.

     112.   Assistance to execute warrant
20          A pharmacist and any person --
             (a)   who employs or engages the pharmacist to practise
                   pharmacy; or
             (b)   who is employed or engaged by a pharmacist; or
             (c)   with whom the pharmacist practises pharmacy in
25                 partnership,
            at the premises named in a warrant are to provide all reasonable
            assistance to an investigator executing the warrant at the
            premises.
            Penalty:
30               (a) for an individual, a fine of $2 500;
                 (b) for a body corporate, a fine of $5 000.

                                                                     page 77
     Pharmacists Bill 2006
     Part 7          Offences

     s. 113



     113.      Incriminating information, questions or documents
               An individual is not excused from complying with a
               requirement under section 91 on the ground that the answer to a
               question or the production of a document or other thing might
 5             incriminate the individual or render the individual liable to a
               penalty, but neither --
                 (a) an answer given by the individual that was given to
                       comply with the requirement; nor
                 (b) the fact that a document or other thing produced by the
10                     individual to comply with the requirement was
                       produced,
               is admissible in evidence in any civil or criminal proceedings
               against the individual other than proceedings for an offence
               against section 110(1)(b).

15   114.      Legal professional privilege
               Nothing in Part 6 or this Part prevents a person from refusing to
               answer a question, provide information or produce a document
               or other thing because the answer or information would relate
               to, or the document or thing contains, information in respect of
20             which the person claims legal professional privilege.

     115.      Vending machines not to be used to obtain medicines or
               drugs
        (1)    In this section --
               "medicine or drug" means any substance prescribed by the
25                  regulations as being a medicine or drug for the purposes of
                    this definition;
               "vending machine" means a machine or device from which
                    goods may be obtained by an operation that involves the
                    insertion in that machine or device of money or a token,
30                  card or similar object.




     page 78
                                                      Pharmacists Bill 2006
                                                   Offences          Part 7

                                                                     s. 115



     (2)   A person must not --
             (a) place, or cause or permit to be placed, a vending
                  machine containing medicine or drugs on any premises;
                  or
 5          (b) supply or sell any medicine or drug by means of a
                  vending machine; or
             (c) permit a person to purchase, be supplied with or
                  otherwise obtain, any medicine or drug by means of a
                  vending machine.
10         Penalty:
               (a)   for an individual, a fine of $5 000;
               (b)   for a body corporate, a fine of $10 000.




                                                                   page 79
     Pharmacists Bill 2006
     Part 8          Codes of practice, rules and regulations

     s. 116



         Part 8 -- Codes of practice, rules and regulations
     116.      Codes of practice
        (1)    The Board may, with the approval of the Minister, issue codes
               of practice for the practice of pharmacy and the conduct of
 5             pharmacists.
        (2)    The code of practice may adopt the provisions of other
               publications, whether with or without modification or addition
               and whether in force at a particular time or from time to time.
        (3)    A breach of a code of practice does not of itself constitute a
10             disciplinary matter for the purposes of section 66 but in any
               proceedings under Part 6 such a breach may be asserted and
               may be taken into account in determining any question that
               arises under that Part.
        (4)    Except as provided in subsection (3), no civil or criminal
15             liability attaches to a person by reason only that the person has
               committed a breach of a code of practice.
        (5)    The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to
               the code of practice as if the code of practice were regulations.

     117.      Rules
20      (1)    The Board may make rules prescribing all matters required or
               permitted by this Act to be prescribed by rules or necessary or
               convenient to be prescribed for carrying out this Act.
        (2)    Without limiting subsection (1), rules may be made for all or
               any of the following purposes --
25               (a) providing for the Board to conduct examinations of
                       applicants for registration as a pharmacist, or the
                       renewal of that registration, and for related matters
                       including the appointment of examiners and their
                       remuneration and the issue of diplomas or certificates to
30                     persons passing examinations;


     page 80
                                                         Pharmacists Bill 2006
                       Codes of practice, rules and regulations         Part 8

                                                                       s. 117



            (b)    prescribing the courses of study and training, including
                   practical experience, to be undertaken by students and
                   trainees, and the examinations to be passed, by students
                   and trainees, and determining the qualifications to be
 5                 held by persons wanting to study pharmacy;
            (c)    providing for the Board to conduct examinations in
                   respect of pharmacy;
            (d)    regulating traineeship agreements, and the training and
                   practical experience required of trainees, and their
10                 conduct and supervision;
            (e)    regulating the practice of pharmacy by pharmacists and
                   the manner of carrying on that practice;
             (f)   prescribing the diplomas, degrees or certificates of
                   schools of pharmacy or other evidence of qualification
15                 which will be recognised and accepted by the Board as a
                   substitute for the examinations of the Board, and
                   whether immediately or after further training;
            (g)    regulating the manner in which pharmacists may
                   advertise or display or publicise their practice of
20                 pharmacy;
            (h)    fees to be payable to the Board in respect of services
                   provided, or to be provided, by the Board to
                   pharmacists, students, trainees or other persons.
     (3)   A rule made under subsection (1) has no effect unless and until
25         it is confirmed by the Governor.
     (4)   Nothing in subsection (3) affects the operation of Part VI of the
           Interpretation Act 1984.
     (5)   The rules may provide that contravention of a rule is an offence,
           and provide, for an offence against the rules, a penalty not
30         exceeding a fine of $5 000.




                                                                     page 81
     Pharmacists Bill 2006
     Part 8          Codes of practice, rules and regulations

     s. 118



     118.      Regulations
        (1)    The Governor may make regulations --
                (a) prescribing all matters that are required or permitted by
                     the Act to be prescribed by regulation; and
 5              (b) with respect to any matter on which the Board may
                     make rules.
        (2)    Without limiting subsection (1), regulations may be made for all
               or any of the following purposes --
                 (a) prescribing the requirements to be met at premises for
10                     the minimum standards of competent and safe practice
                       of pharmacy at those premises;
                 (b) prohibiting or regulating the sale or supply of goods and
                       services of a prescribed type at a registered pharmacy in
                       association with the practice of pharmacy;
15               (c) prohibiting or regulating the carrying on of a pharmacy
                       business wholly or partly within, or adjacent to,
                       premises where --
                          (i) a business, profession or occupation of a
                               prescribed type is carried on; or
20                       (ii) services of a prescribed type are provided;
                 (d) regulating the meetings and proceedings of, and the
                       conduct of business by, the Board or a committee;
                 (e) making provision relating to registration and renewal of
                       registration;
25                (f) maintaining the accuracy of the register;
                 (g) the registration of trainees and traineeship agreements,
                       and the information to be recorded in the register in
                       respect of trainees and traineeship agreements;
                 (h) regulating the issue, display and use of certificates of
30                     registration;




     page 82
                                                           Pharmacists Bill 2006
                         Codes of practice, rules and regulations         Part 8

                                                                          s. 119



               (i)   regulating the manner of making to the complaints
                     assessment committee any complaint against or
                     concerning a person who is, or was, registered as a
                     pharmacist and who may make such a complaint;
 5             (j)   regulating the conduct of investigations under Part 6;
              (k)    regulating the conduct of conciliation conferences under
                     section 95 and the appointment of persons to preside
                     over those conferences;
               (l)   prescribing the fees to be paid for the purposes of this
10                   Act and the persons liable for payment;
              (m)    prescribing returns and notices that are to be given to the
                     Board, and the manner in which they are to be given;
              (n)    providing that information supplied to the Board may be
                     required to be verified by statutory declaration.
15     (3)   Where a regulation is inconsistent with a rule the regulation
             prevails to the extent of the inconsistency.
       (4)   The regulations may provide that contravention of a regulation
             is an offence, and provide, for an offence against the
             regulations, a penalty not exceeding a fine of $5 000.

20   119.    Forms
             Forms that are convenient for the purposes of this Act
             may be --
              (a) prescribed by the regulations or rules; or
              (b) approved.




                                                                        page 83
     Pharmacists Bill 2006
     Part 9          Miscellaneous

     s. 120



                           Part 9 -- Miscellaneous
     120.      Surrender of certificate
        (1)    Where --
                (a) a person's registration as a pharmacist is cancelled and
 5                   name removed from the register; or
                (b) a person is suspended from the practice of pharmacy,
               under Part 6, the person is, within 14 days after the day on
               which the person is notified by the Board of the cancellation and
               removal of name or suspension, to surrender to the Board his or
10             her certificate of registration as a pharmacist.
               Penalty: a fine of $1 000.
        (2)    Where the registration of premises is cancelled or not renewed
               under section 42, the person in whose name the premises were
               registered immediately before the cancellation or non-renewal
15             is, within 14 days after the day on which the person is notified
               by the Board of the cancellation or non-renewal, to surrender to
               the Board the certificate of registration of the premises.
               Penalty: a fine of $1 000.
        (3)    The Board may direct in writing that --
20              (a) a person who is suspended from the practice of
                     pharmacy under section 73 is not obliged to comply
                     with subsection (1) and, in that case, the subsection does
                     not apply to that person; or
                (b) a person in whose name premises were registered is not
25                   obliged to comply with subsection (2) and, in that case
                     the subsection does not apply in respect of that person.
        (4)    It is a defence to a prosecution for an offence against
               subsection (1) if the accused satisfies the court that the failure to
               surrender the certificate was due to its loss or destruction.




     page 84
                                                          Pharmacists Bill 2006
                                                  Miscellaneous          Part 9

                                                                           s. 121



     121.    Protection from liability
       (1)   An action in tort does not lie against a person for anything that
             the person has done, in good faith, in the performance or
             purported performance of a function under this Act.
 5     (2)   The State is also relieved of any liability that it might otherwise
             have had for another person having done anything as described
             in subsection (1).
       (3)   The protection given by this section applies even though the
             thing done as described in subsection (1) may have been
10           capable of being done whether or not this Act had been enacted.
       (4)   In this section, a reference to the doing of anything includes a
             reference to an omission to do anything.
       (5)   A person who, in relation to any investigation under Part 6 --
              (a) performs any function under that Part; or
15            (b) is otherwise concerned in proceedings under that Part,
             has, in respect of any such function or concern, the same
             protection and immunity as a member or officer of the Supreme
             Court, or a witness or party before the Supreme Court, would
             have in respect of a function or concern of a like nature related
20           to the jurisdiction of the Supreme Court.

     122.    Notice of decisions to be given
       (1)   Subsection (2) applies to the following decisions --
              (a) any decision refusing an application to the Board for
                    registration;
25            (b) any decision to impose, or vary, a condition under
                    section 26, 27, 33(5) or 43;
              (c) any decision under section 42;
              (d) any decision to remove a name from the register under
                    section 49.



                                                                         page 85
     Pharmacists Bill 2006
     Part 9          Miscellaneous

     s. 123



        (2)    If the Board makes a decision to which this subsection applies,
               it is to record the grounds on which the decision was based, and
               its reasons, and is as soon as is practicable, but in any case not
               later than 30 days after making the decision, to give written
 5             notice of the decision together with those grounds and reasons,
               to the person to whom the decision relates.

     123.      Review
               A person who is aggrieved by --
                (a) an order under section 73 or 78; or
10              (b) a decision referred to in section 122(1),
               may apply to the State Administrative Tribunal for a review of
               the order or decision.

     124.      Publication of proceedings etc.
        (1)    Subsection (2) applies to the following --
15              (a) the Board, any member of the Board, the registrar or any
                      officer or delegate of the Board or registrar;
                (b) any committee or any member of a committee or person
                      referred to in section 15(5);
                (c) any board or authority outside the State charged with
20                    regulating the registration and supervision of
                      pharmacists or any officer, agent, or person employed or
                      engaged by the board or authority;
                (d) any journalist for, the proprietor or any person
                      concerned in the publication or operation of, any
25                    newspaper or periodical or of any electronic medium.
        (2)    Without limiting the operation of section 121, no action, claim
               or demand lies against a person to whom this subsection applies
               in respect of the communication or publication in good faith of
               any finding, reason or decision of the Board, the complaints
30             assessment committee, the impairment review committee or the
               State Administrative Tribunal.


     page 86
                                                         Pharmacists Bill 2006
                                                 Miscellaneous          Part 9

                                                                         s. 125



       (3)   The Board may give notice of a finding, reason or decision of
             the Board, the complaints assessment committee, the
             impairment review committee or the State Administrative
             Tribunal in respect of a person to --
 5             (a) any person referred to in subsection (1)(c) or (d); and
               (b) any body that has granted the person a qualification that
                    is entered in the register; and
               (c) any relevant professional association or trade union of
                    which the person is a member; and
10             (d) any person who employs or engages the person to
                    practise pharmacy or any person with whom the person
                    practises pharmacy in partnership; and
               (e) any other person who, in the opinion of the Board,
                    should be made aware of the finding, reason or decision,
15           and may publish notice of the finding, reason or decision in the
             Gazette or in such other manner as the Board thinks fit.

     125.    Legal proceedings
       (1)   Any proceedings for an offence against this Act may be taken in
             the name of the Board by the registrar or any other person
20           authorised in that behalf by the Board.
       (2)   All proceedings for offences against this Act are to be heard by
             a court of summary jurisdiction constituted by a magistrate.
       (3)   In any proceedings no proof is required of --
               (a) the appointment of a member or deputy of a member of
25                   the Board or a member of a committee; or
               (b) the authorisation of a person under subsection (1),
             but an averment in a prosecution notice that the person is so
             appointed or authorised is to be taken to be proved in the
             absence of evidence to the contrary.




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     Part 9          Miscellaneous

     s. 126



        (4)    In all courts and before all persons and bodies authorised to
               receive evidence, in the absence of evidence to the contrary --
                 (a) a certificate purporting to be issued on behalf of the
                        Board and stating that a person was or was not
 5                      registered by the Board as a pharmacist, the conditions
                        to which a registration was subject, or that a person was
                        suspended from the practice of pharmacy, on any day or
                        days or during a period mentioned in the certificate, is
                        evidence of the matters so stated; and
10               (b) a copy of or extract from a register or any statement that
                        purports to reproduce matters entered in the register that
                        is certified by the registrar as a true copy, extract or
                        statement, is evidence of the facts appearing in that
                        copy, extract or statement; and
15               (c) judicial notice is to be taken of the fact that a person is
                        the holder of the office of registrar and of the signature
                        of the registrar on a certificate purporting to be issued
                        under paragraph (b).
        (5)    A notice or appointment purporting to be signed by the
20             chairperson or a person referred to in section 68(5)(b)
               or 69(4)(b) is to be presumed to be duly signed until the
               contrary is shown.

     126.      Liability of certain officers of body corporate: offences
        (1)    If a body corporate is charged with an offence under this Act,
25             every person who was an officer of the body corporate at the
               time of the alleged offence may also be charged with the
               offence.
        (2)    If a body corporate and an officer are charged as permitted by
               subsection (1) and the body corporate is convicted of the
30             offence, the officer is to be taken to have also committed the
               offence, subject to subsection (5).
        (3)    If a body corporate commits an offence under this Act, then,
               although the body corporate is not charged with the offence,


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                                                 Miscellaneous          Part 9

                                                                         s. 127



             every person who was an officer of the body corporate at the
             time the offence was committed may be charged with the
             offence.
       (4)   If an officer is charged as permitted by subsection (3) and it is
 5           proved that the body corporate committed the offence, the
             officer is to be taken to have also committed the offence, subject
             to subsection (5).
       (5)   It is a defence to a prosecution for an offence against this
             section for the officer charged to prove --
10              (a) that the offence was committed without the officer's
                      consent or connivance; and
               (b) that the officer took all the measures to prevent the
                      commission of the offence that he or she could
                      reasonably be expected to have taken having regard to
15                    the officer's functions and to all the circumstances.

     127.    Review of Act
       (1)   The Minister is to carry out a review of the operation and
             effectiveness of this Act as soon as is practicable after the
             expiration of 5 years from the commencement of this section,
20           and in the course of that review the Minister is to consider and
             have regard to --
               (a) the effectiveness of the operations of the Board; and
               (b) the need for the continuation of the functions of the
                     Board; and
25             (c) any other matters that appear to the Minister to be
                     relevant to the operation and effectiveness of this Act.
       (2)   The Minister is to prepare a report based on the review made
             under subsection (1) and as soon as is practicable after the
             preparation of the report, cause it to be laid before each House
30           of Parliament.




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    Pharmacists Bill 2006
    Part 9          Miscellaneous

    s. 128



    128.      Pharmacy Act 1964 repealed
              The Pharmacy Act 1964 is repealed.

    129.      Pharmacy Act Regulations 1976 repealed
              The Pharmacy Act Regulations 1976 are repealed.

5   130.      Transitional and savings provisions
              Schedule 2 sets out transitional and savings provisions.

    131.      Consequential amendments to Acts
              Schedule 3 sets out consequential amendments to Acts.




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                                                              Pharmacists Bill 2006
                           Constitution and proceedings of the Board   Schedule 1
                                                  General provisions    Division 1
                                                                               cl. 1



      Schedule 1 -- Constitution and proceedings of the Board
                                                                                   [s. 7]

                           Division 1 -- General provisions
     1.         Term of office
 5        (1)   Subject to clause 4, a member of the Board holds office for such term,
                not exceeding 3 years, as is specified in the member's instrument of
                appointment.
          (2)   Subject to subclause (3), a member of the Board is not to hold office
                for more than 9 years, consecutively or otherwise.
10        (3)   If in the opinion of the Minister there are special reasons for doing so,
                a person may be appointed so that he or she holds office for more than
                9 years, consecutively or otherwise.

     2.         Functions of deputy presiding member
          (1)   The deputy presiding member is to perform the functions of the
15              presiding member when the presiding member is unable to do so by
                reason of illness, absence or other cause, or when the office of
                presiding member is vacant.
          (2)   No act or omission of the deputy presiding member acting as
                presiding member is to be questioned on the ground that the occasion
20              for his or her so acting had not arisen or had ceased.

     3.         Deputy members
          (1)   The Minister may appoint an eligible person to be a deputy of a
                member and may terminate such an appointment at any time.
          (2)   The provisions of section 5 that apply to and in relation to the
25              appointment of a member apply, with any necessary modification, to
                and in relation to the appointment of the deputy of that member.
          (3)   A deputy of a member may perform the functions of the member
                when the member is unable to do so by reason of illness, absence or
                other cause.




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     Pharmacists Bill 2006
     Schedule 1      Constitution and proceedings of the Board
     Division 1      General provisions
     cl. 4



          (4)   Despite anything in this Act, a deputy of a member may continue to
                act as a member, after the occasion for so acting has ceased, for the
                purpose of completing any function.
          (5)   A deputy of a member, while acting as a member, has all the
 5              functions of and all the protection given to a member.
          (6)   No act or omission of a person acting in place of another under this
                clause is to be questioned on the ground that the occasion for so
                acting had not arisen or had ceased.

     4.         Vacation of office by member
10        (1)   A member of the Board may resign from office by notice in writing
                given to the Minister.
          (2)   A member who resigns under subclause (1) is to give a copy of the
                notice of resignation to the registrar.
          (3)   A member of the Board may be removed from office by the
15              Minister --
                  (a)   for mental or physical disability, incompetence, neglect of
                        duty or misconduct that impairs the performance of the
                        member's duties; or
                  (b)   if the member is an insolvent under administration, as that
20                      term is defined in the Corporations Act section 9; or
                  (c)   if the member is absent without leave of the Board from
                        3 consecutive meetings of the Board of which the member
                        has had notice; or
                  (d)   for any other act or omission that in the opinion of the
25                      Minister may cause prejudice or injury to the Board.
          (4)   A member of the Board must be removed from office by the Minister
                if the member ceases to hold a position or qualification by virtue of
                which the member was appointed or if, in the case of a member who
                is a pharmacist, the registration of the member under this Act is
30              suspended.

     5.         General procedure concerning meetings
          (1)   The presiding member is to preside at all meetings of the Board at
                which he or she is present.


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                           Constitution and proceedings of the Board   Schedule 1
                                                  General provisions    Division 1
                                                                               cl. 6



          (2)   If both the presiding member and deputy presiding member are absent
                from a meeting the members present are to appoint one of their
                number to preside.
          (3)   A quorum for a meeting of the Board is 4 members.
 5        (4)   The procedure for convening meetings of the Board and the conduct
                of business at those meetings is, subject to this Act, to be as
                determined by the Board.

     6.         Voting
          (1)   A decision of the majority of members at a meeting of the Board at
10              which a quorum is present is the decision of the Board.
          (2)   If the votes of members present at a meeting and voting are equally
                divided the member presiding at the meeting is to have a casting vote
                in addition to a deliberative vote.

     7.         Holding meetings remotely
15              The presence of a person at a meeting of the Board need not be by
                attendance in person but may be by that person and each other person
                at the meeting being simultaneously in contact by telephone, or other
                means of instantaneous communication.

     8.         Resolution without meeting
20              A resolution in writing signed by 5 members of the Board or assented
                to by 5 members by letter, facsimile transmission, electronic mail or
                other written means has effect as if it had been passed at a meeting of
                the Board.

     9.         Minutes
25              The Board is to ensure that an accurate record is kept and preserved of
                the proceedings at each meeting of the Board and of each resolution
                passed by the Board.




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     Pharmacists Bill 2006
     Schedule 1      Constitution and proceedings of the Board
     Division 2      Disclosure of interests etc.
     cl. 10



                         Division 2 -- Disclosure of interests etc.

     10.         Meaning of "member"
                 In this Division --
                 "member" means a member of the Board or a member of a
 5                     committee, as the case may be.

     11.         Disclosure of interests
           (1)   A member who has a material personal interest in a matter being
                 considered or about to be considered by the Board or a committee
                 must, as soon as possible after the relevant facts have come to the
10               member's knowledge, disclose the nature of the interest at a meeting
                 of the Board or the committee, as is relevant.
                 Penalty: a fine of $10 000.
           (2)   A disclosure under subclause (1) is to be recorded in the minutes of
                 the meeting.

15   12.         Exclusion of interested member
           (1)   A member who has a material personal interest in a matter that is
                 being considered by the Board or a committee --
                   (a)    must not vote, whether at a meeting or otherwise, on the
                          matter; and
20                 (b)    must not be present while the matter is being considered at a
                          meeting.
           (2)   In subclause (1)(a) or (b) a reference to a matter also refers to a
                 proposed resolution under clause 13 in respect of the matter, whether
                 relating to that member or a different member.

25   13.         Board or committee may resolve that clause 12 inapplicable
                 Clause 12 does not apply if the Board or a committee has at any time
                 passed a resolution that --
                   (a)    specifies the member, the interest, and the matter; and
                   (b)    states that the members voting for the resolution are satisfied
30                        that the interest should not disqualify the member from
                          considering or voting on the matter.


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                            Constitution and proceedings of the Board   Schedule 1
                                           Disclosure of interests etc.  Division 2
                                                                               cl. 14



     14.         Quorum where clause 12 applies
           (1)   Despite clause 5(3), when the Board is dealing with a matter in
                 relation to which a member of the Board is disqualified under
                 clause 12, 3 members who are entitled to vote on any motion that may
 5               be moved in relation to the matter constitute a quorum.
           (2)   The Minister may deal with a matter to the extent that the Board
                 cannot deal with it because of subclause (1).

     15.         Minister may declare clauses 12 and 14 inapplicable
           (1)   The Minister may by writing declare that clause 12 or 14 does not
10               apply in relation to a specified matter, either generally or for the
                 purpose of dealing with particular proposed resolutions.
           (2)   The Minister is to, within 14 sitting days after a declaration under
                 subclause (1) is made, cause a copy of the declaration to be laid
                 before each House of Parliament.




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     Pharmacists Bill 2006
     Schedule 2      Transitional and savings provisions

     cl. 1



             Schedule 2 -- Transitional and savings provisions
                                                                               [s. 130]

     1.        Terms used in this Schedule
               In this Schedule --
 5             "assets" means property of every kind whether tangible or intangible,
                     real or personal, corporeal or incorporeal and includes without
                     limitation --
                    (a)   choses in action; and
                    (b)   goodwill; and
10                  (c)   rights, interests and claims of every kind in or to property,
                    whether arising from, accruing under, created or evidenced by or
                    the subject of, an instrument or otherwise and whether liquidated
                    or unliquidated, actual, contingent or prospective;
               "former Council" means the Pharmaceutical Council of Western
15                 Australia referred to in section 7 of the repealed Act;
               "incorporated Pharmaceutical Society" means the professional
                    body for pharmacists certified under clause 4 as the incorporated
                    Pharmaceutical Society;
               "liability" means any liability, duty or obligation whether actual,
20                  contingent or prospective, liquidated or unliquidated, or whether
                    owed alone or jointly or jointly and severally with any other
                    person;
               "new Board" means the Pharmacists Registration Board of Western
                    Australia established under this Act;
25             "repeal day" means the day on which section 128 comes into
                    operation;
               "repealed Act" means the Pharmacy Act 1964;
               "right" means any right, power, privilege or immunity whether
                    actual, contingent or prospective;
30             "The List" means the document referred to in clause 3.
               "unincorporated Pharmaceutical Society" means the
                   Pharmaceutical Society of Western Australia referred to in
                   section 6 of the repealed Act;



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                                                                  Pharmacists Bill 2006
                                      Transitional and savings provisions  Schedule 2

                                                                                       cl. 2



     2.         Interpretation Act 1984 not affected
                This Schedule does not prejudice or affect the application of the
                Interpretation Act 1984 to and in relation to the repeals effected by
                sections 128 and 129.

 5   3.         The List
                In this Schedule --
                "The List" means a document --
                    (a) setting out the allocation of assets, rights or liabilities of
                          the former Council between the new Board and the
10                        incorporated Pharmaceutical Society; and
                    (b) executed by --
                                (i)    the former Council; and
                               (ii)    the Minister, or a person authorised by the
                                       Minister;
15                            and
                        (c)   dated after 1 November 2006 and before the day on which
                              this Act receives the Royal Assent,
                     and if there are 2 or more such documents, means the document
                     that is dated later in time.

20   4.         Incorporated Pharmaceutical Society
          (1)   In accordance with section 2(2), this clause comes into operation on
                the day after the day on which this Act receives the Royal Assent.
          (2)   In this clause --
                "Council" means the Pharmaceutical Council of Western Australia
25                  referred to in the Pharmacy Act 1964 section 7.
          (3)   If satisfied that a professional body for pharmacists meets the criteria
                set out in subclause (4), the Council is to certify that body as the
                incorporated Pharmaceutical Society for the purposes of this
                Schedule.
30        (4)   The body certified under subclause (3) is to be an incorporated body
                which, in the opinion of the Council --
                  (a)     is the body most suitable to be the incorporated
                          Pharmaceutical Society; and

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     cl. 4



                 (b)   has functions that are the same as, or similar in nature to, the
                       functions of the Pharmaceutical Society of Western Australia
                       referred to in the Pharmacy Act 1964 section 6.
         (5)   If, within 2 months after the day on which this Act receives the Royal
 5             Assent, or such later day as is allowed by the Minister under
               subclause (6), the Council has not certified a body as the incorporated
               Pharmaceutical Society under subclause (3) then, on the day on which
               the Pharmacy Act 1964 is repealed, the Pharmacists Registration
               Board of Western Australia established under this Act is to be taken to
10             be the body certified by the Council as the incorporated
               Pharmaceutical Society for the purposes of this Schedule.
         (6)   If so requested by the Council, the Minister may extend the period
               referred to in subclause (5) to a period that is within 6 months after
               the day on which this Act receives the Royal Assent.
15       (7)   Nothing in the Pharmacy Act 1964 prevents --
                 (a)   a member of the Pharmaceutical Society of Western
                       Australia, referred to in section 6(2) of that Act, from
                       applying for the incorporation of that Society under the
                       Associations Incorporation Act 1987; or
20               (b)   that Society --
                          (i)   becoming incorporated as an association under
                                that Act; or
                         (ii)   subject to this clause, from becoming the
                                incorporated Pharmaceutical Society for the purposes
25                              of this Schedule.
         (8)   If an application made under the Associations Incorporation Act 1987
               for the incorporation of the Pharmaceutical Society of Western
               Australia referred to in the Pharmacy Act 1964 section 6 is successful,
               then, on that incorporation --
30                (a) the Council ceases to be responsible for the management of
                        that Society to the extent, if any, that it otherwise would be so
                        responsible; and
                 (b)   the Pharmacy Act 1964 sections 6(2) and 7(1) do not apply
                       to, or in respect of, that Society, to the extent, if any, that they
35                     otherwise would.



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                                  Transitional and savings provisions  Schedule 2

                                                                                     cl. 5



     5.         The new Board is a continuation of the former Council, other
                than in relation to the management of the Pharmaceutical Society
                The new Board is a continuation of, and the same legal entity as, the
                former Council, other than in relation to any functions, powers, rights,
 5              assets or liabilities that related to the management of the
                unincorporated Pharmaceutical Society by the former Council
                immediately before the Council ceased to manage that Society.

     6.         Transfer of certain assets and liabilities to the incorporated
                Pharmaceutical Society
10        (1)   On the repeal day --
                 (a) the assets and rights vested in the former Council
                        immediately before the repeal day, that were concerned with,
                        or related to, the management of the unincorporated
                        Pharmaceutical Society by that Council vest in the
15                      incorporated Pharmaceutical Society by force of this clause;
                        and
                 (b) the liabilities of the former Council (including a share of a
                        liability) immediately before the repeal day, that were
                        concerned with, or related to, the prior management of the
20                      unincorporated Pharmaceutical Society by that Council
                        become the liabilities of the incorporated Pharmaceutical
                        Society by force of this clause; and
                  (c) the incorporated Pharmaceutical Society is a party to any
                        proceedings by or against the former Council commenced
25                      before the repeal day in relation to the assets, rights and
                        liabilities referred to in paragraphs (a) and (b); and
                  (d)   any proceeding or remedy that immediately before the repeal
                        day might have been commenced by or available against or to
                        the former Council in relation to the assets, rights and
30                      liabilities referred to in paragraphs (a) and (b), may be
                        commenced and are available, by or against or to the
                        incorporated Pharmaceutical Society; and
                  (e)   any act, matter or thing done or omitted to be done in relation
                        to the assets, rights and liabilities referred to in paragraphs (a)
35                      and (b) before the repeal day by, to or in respect of the former
                        Council (to the extent that that act, matter or thing has any
                        force or effect) is to be taken to have been done or omitted

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     Pharmacists Bill 2006
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     cl. 7



                        by, to or in respect of the incorporated Pharmaceutical
                        Society; and
                  (f)   the new Board is to deliver to the incorporated
                        Pharmaceutical Society all registers, papers, documents,
 5                      minutes, receipts, books of account and other records
                        (however compiled, recorded or stored) relating to --
                           (i)   the assets, rights and liabilities referred to in
                                 paragraphs (a) and (b); and
                          (ii)   proceedings referred to in paragraph (c).
10        (2)   Subject to subclause (3), the Minister or a person authorised by the
                Minister may, at the request of the new Board or the incorporated
                Pharmaceutical Society, certify in writing that a specified asset, right
                or liability of the former Council is, or is not, an asset, right or
                liability that was concerned with, or related to, the management of the
15              unincorporated Pharmaceutical Society by the former Council
                immediately before the repeal day.
          (3)   Subclause (2) applies to or in respect of an asset, right or liability of
                the former Council that has been set out in The List only if --
                  (a) the new Board and the incorporated Pharmaceutical Society
20                      jointly request that the subclause apply in respect of the asset,
                        right or liability; and
                  (b)   the new Board and the incorporated Pharmaceutical Society
                        have, after consultation and negotiation, failed to reach
                        agreement as to whether or not the asset, right or liability is,
25                      or is not, an asset, right or liability that, immediately before
                        the repeal day, was concerned with, or related to, the
                        management of that Society by that Council.
          (4)   For all purposes and in all proceedings, a certificate under
                subclause (2) is prima facie evidence of the matters it certifies.

30   7.         Agreements and instruments
          (1)   Any agreement or instrument subsisting immediately before the repeal
                day that relates to assets, rights or liabilities referred to in
                clause 6(1)(a) or (b) --
                  (a)   to which the former Council was a party; or
35                (b)   which contains a reference to the former Council,

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                                                                                    cl. 8



                 has effect after the repeal day as if --
                   (c) the incorporated Pharmaceutical Society were substituted for
                          the former Council as a party to the agreement or instrument;
                          and
 5                 (d) any reference in the agreement or instrument to the former
                          Council were (unless the context otherwise requires) a
                          reference to the incorporated Pharmaceutical Society.
           (2)   Any agreement or instrument subsisting immediately before the repeal
                 day, other than an agreement or instrument referred to in
10               subclause (1) --
                   (a) to which the former Council was a party; or
                   (b) which contains a reference to the former Council,
                 has effect after the repeal day as if --
                   (c) the new Board were substituted for the former Council as a
15                        party to the agreement or instrument; and
                   (d) any reference in the agreement or instrument to the former
                          Council were (unless the context otherwise requires) a
                          reference to the new Board.

     8.          Members of former Council cease to hold office
20               A member of the former Council ceases to be a member on the
                 repeal day.

     9.          Board members
                 Four of the members of the new Board as first constituted under this
                 Act are to hold office for such term, not exceeding 18 months, as is
25               specified in the member's instrument of appointment.

     10.         The registrar and other staff
           (1)   The registrar who held office under section 15 of the repealed Act
                 immediately before the repeal day continues in office, under and
                 subject to this Act, as the registrar of the new Board.
30         (2)   An officer or examiner who held office under the repealed Act
                 immediately before the repeal day, other than an officer to whom
                 subclause (4) applies, continues in office, under and subject to this
                 Act, as an officer or examiner, as is relevant, of the new Board.

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     cl. 11



           (3)   A person mentioned in subclause (1) or (2) is to be regarded as having
                 been engaged or employed under this Act.
           (4)   An officer who held office under the repealed Act immediately before
                 the repeal day may be employed or engaged by the incorporated
 5               Pharmaceutical Society on and after the repeal day if he or she has so
                 agreed and on such terms and conditions as are agreed, in writing,
                 with the former Council before the repeal day.
           (5)   Despite clause 7(2), an agreement under subclause (4) with the former
                 Council is to have effect after the repeal day as if --
10                 (a)   the incorporated Pharmaceutical Society were substituted for
                         the former Council as a party to the agreement; and
                   (b)   any reference in the agreement to the former Council were
                         (unless the context otherwise requires) a reference to the
                         incorporated Pharmaceutical Society.
15         (6)   Except as otherwise agreed by a person mentioned in subclause (1),
                  (2) or (4), the remuneration, existing or accrued rights, rights under a
                 superannuation scheme or continuity of service of the person are not
                 affected, prejudiced or interrupted by the operation of this clause or
                 the repeal of the Pharmacy Act 1964.

20   11.         Exemption from State taxation
           (1)   In this clause --
                 "state tax" includes stamp duty chargeable under the Stamp Act 1921
                       and any other tax, duty, fee, levy or charge under a law of the
                       State.
25         (2)   State tax is not payable in relation to --
                   (a)   anything that occurs by the operation of this Schedule; or
                   (b)   anything done --
                            (i) under this Schedule; or
                           (ii) to give effect to this Schedule; or
30                         (iii)   for a purpose connected with, or arising out of, giving
                                   effect to this Schedule,
                 including a transaction entered into or an instrument or document of
                 any kind made, executed, lodged or given.


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                                                                                    cl. 12



           (3)   The Treasurer or a person authorised by the Treasurer may, at the
                 request of the new Board or the incorporated Pharmaceutical Society,
                 certify in writing that a specified thing --
                   (a)    occurred by the operation of this Schedule; or
 5                 (b)    was done --
                            (i)    under this Schedule; or
                           (ii)    to give effect to this Schedule; or
                           (iii)   for a purpose connected with, or arising out of, giving
                                   effect to this Schedule.
10         (4)   For all purposes and in all proceedings, a certificate under
                 subclause (3) is conclusive evidence of the matters it certifies, except
                 so far as the contrary is shown.

     12.         Registration of documents
           (1)   In this clause --
15               "relevant official" means the Registrar of Titles, the Registrar of
                       Deeds, the Minister administering the Mining Act 1978 or any
                       other person authorised by a written law to record and give effect
                       to the registration of documents.
           (2)   The relevant officials are to take notice of the provisions of this
20               Schedule and are empowered to record and register in the appropriate
                 manner the necessary documents, and otherwise to give effect to this
                 Schedule.

     13.         Saving
                 The operation of any provision of this Schedule is not to be
25               regarded --
                   (a)    as a breach of contract or otherwise as a civil wrong; or
                   (b)    as a breach of any contractual provision prohibiting,
                          restricting or regulating the assignment or transfer of assets,
                          rights or liabilities or the disclosure of information; or
30                 (c)    as giving rise to any remedy by a party to an instrument or as
                          causing or permitting the termination of any instrument,
                          because of a change in the beneficial or legal ownership of
                          any asset, right or liability; or


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     cl. 14



                   (d)   as causing any contract or instrument to be void or otherwise
                         unenforceable; or
                   (e)   as releasing or allowing the release of any surety.

     14.         Annual report for part of a year
 5         (1)   The former Council is to make and submit an annual report as
                 required under section 16C of the repealed Act, but limited to the
                 period from 1 January preceding the repeal day to the repeal day, and
                 that section applies as if that period were a year.
           (2)   Despite the repeal of the repealed Act and this Schedule, the former
10               Council continues in existence for the purposes of subclause (1) and is
                 entitled to receive from the new Board and its staff and from the
                 incorporated Pharmaceutical Society and its staff such assistance as it
                 may require for that purpose.

     15.         Persons registered under the repealed Act
15         (1)   A natural person who immediately before the repeal day was
                 registered under the repealed Act is, on the repeal day, to be taken to
                 be registered as a pharmacist under this Act for the period that, and
                 subject to the same conditions as, applied to that person's registration
                 under the repealed Act.
20         (2)   If under subclause (1) a person is to be taken to be registered as a
                 pharmacist under this Act, the new Board may within 6 months of the
                 repeal day, by notice in writing to the person, impose the conditions
                 referred to in section 27(1) of this Act on the person's registration
                 under this Act.

25   16.         Registered pharmacies
           (1)   A pharmacy registered under section 23 of the repealed Act by the
                 former Council immediately before the repeal day is to be taken to be
                 premises registered as a pharmacy under Part 4 Division 2 of this Act
                 in the name of a person in whose name the pharmacy is registered by
30               the former Council immediately before the repeal day, if that person
                 owns, or has a proprietary interest in, the pharmacy business carried
                 on at the pharmacy.




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                                   Transitional and savings provisions  Schedule 2

                                                                                   cl. 17



           (2)   Any condition imposed under section 23 of the repealed Act to ensure
                 that the premises are of a minimum standard of fitness for the
                 competent and safe practice of pharmacy is taken to be a condition
                 imposed on the registration of the premises under section 43 of
 5               this Act.

     17.         Register
                 The register of pharmacists kept under section 20 of the repealed Act
                 immediately before the repeal day is to be taken to be the register
                 required to be kept under section 45 of this Act.

10   18.         Certificates of registration issued under the repealed Act
                 A certificate of registration in force under the repealed Act
                 immediately before the repeal day is, subject to this Act, to be taken
                 to be a certificate of registration for the purposes of this Act.

     19.         Restoration of certain names to the register

15               If a person's name has been erased from the register under section 33
                 of the repealed Act, section 33 of this Act applies to that person as if
                 the person were a disqualified person as defined in section 33(1) of
                 this Act.

     20.         Suspensions
20               If immediately before the repeal day the licence of a person was
                 suspended under a provision of the repealed Act, that person is to be
                 taken to be suspended from the practice of pharmacy under this Act
                 and --
                   (a)   section 99(1) of this Act applies to the suspension, if the
25                       suspension is a general suspension from the practice of
                         pharmacy; and
                   (b)   section 99(2) of this Act applies in respect of the suspension,
                         if the suspension is in relation to any specified circumstances
                         or service.




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     Schedule 2      Transitional and savings provisions

     cl. 21



     21.         Persons carrying on the practice of a pharmaceutical chemist or
                 company under section 36(2)(c) of the repealed Act
                 A person who, immediately before the repeal day, was carrying on the
                 practice of a pharmaceutical chemist or company under
 5               section 36(2)(c) of the repealed Act is to be taken to be acting, during
                 the period permitted in accordance with that section, under section 64
                 of this Act, and that period may be extended by the Board in
                 accordance with that section.

     22.         Undertakings under the repealed Act
10         (1)   If a person has given an undertaking under a provision of the repealed
                 Act that undertaking is not affected by the repeal of that Act.
           (2)   If the new Board is satisfied that the person has breached an
                 undertaking given under a provision of the repealed Act before, on or
                 after the repeal day, the Board may deal with the person as if the
15               person had failed to comply with an undertaking given under a
                 provision of this Act.

     23.         Matters being dealt with by the Board
           (1)   If immediately before the repeal day the former Council was dealing
                 with a matter under section 32(4) of the repealed Act, the new Board
20               is to deal with the matter under Part 6 Division 5 of this Act.
           (2)   An application for a review of a decision that, immediately before the
                 repeal day, may be made to the State Administrative Tribunal under
                 section 32B of the repealed Act may be made to that Tribunal within
                 21 days after the decision was made and the Tribunal is to deal with
25               the matter as if the decision had been made under section 73 or 78 of
                 this Act.

     24.         Investigations
                 If immediately before the repeal day an investigator was investigating
                 a matter under the repealed Act, the investigator is to continue
30               investigating the matter as if he or she had been appointed under
                 Part 6 Division 7 of this Act.




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                                    Transitional and savings provisions  Schedule 2

                                                                                    cl. 25



     25.         Failure to comply with an order made under the repealed Act
                 If immediately before the repeal day an order was in effect in relation
                 to a person under section 32(4) or 32A of the repealed Act, that order
                 is not affected by the repeal of that Act and failure to comply with it
 5               before, on or after the repeal day may be dealt with under section 108
                 of this Act as if the order were an order made by the Board under
                 section 73 or 78 of this Act.

     26.         Powers in relation to transitional provision
           (1)   If there is no sufficient provision in this Schedule for dealing with a
10               transitional matter the Governor may make regulations prescribing all
                 matters that are required, necessary or convenient to be prescribed in
                 relation to that matter.
           (2)   Regulations made under subclause (1) may provide that specific
                 provisions of this Act --
15                 (a) do not apply; or
                   (b) apply with specific modifications,
                 to or in relation to any matter.
           (3)   Regulations made under subclause (1) must be made within
                 12 months after the repeal day.
20         (4)   If regulations made under subclause (1) provide that a specified state
                 of affairs is to be taken to have existed, or not to have existed, on and
                 from a day that is earlier than the day on which the regulations are
                 published in the Gazette but not earlier than the repeal day, the
                 regulations have effect according to their terms.
25         (5)   In subclause (4) --
                 "specified" means specified or described in the regulations.
           (6)   If regulations contain a provision referred to in subclause (4), the
                 provision does not operate so as --
                    (a) to affect in a manner prejudicial to any person (other than the
30                        State), the rights of that person existing before the day of
                          publication of those regulations; 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 day of publication of those regulations.

                                                                                 page 107
     Pharmacists Bill 2006
     Schedule 3      Consequential amendments

     cl. 1



                    Schedule 3 -- Consequential amendments
                                                                                   [s. 131]

     1.         Chiropractors Act 1964 amended
          (1)   The amendments in this clause are to the Chiropractors Act 1964.
 5        (2)   Section 23(b) is amended by deleting "pharmaceutical chemist" and
                inserting instead --
                "    pharmacist ".

     2.         Civil Liability Act 2002 amended
          (1)   The amendments in this clause are to the Civil Liability Act 2002.
10        (2)   Section 5PA is amended in the definition of "Health Professional" by
                deleting paragraph (i) and inserting instead --
                           "
                               (i)     a practising pharmacist as defined in the
                                       Pharmacists Act 2006;
15                                                                                       ".

     3.         Health Act 1911 amended
          (1)   The amendments in this clause are to the Health Act 1911.
          (2)   Section 202(2)(c) is amended by deleting "pharmaceutical chemist"
                and inserting instead --
20              "    pharmacist ".
          (3)   Section 246A(3) is amended by deleting "Pharmacy Act 1964" and
                inserting instead --
                "    Pharmacists Act 2006 ".
          (4)   Section 246D(1)(n) is amended by deleting "pharmaceutical chemist"
25              and inserting instead --
                       "
                                     practising pharmacist as defined in the
                                     Pharmacists Act 2006
                                                                                         ".


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                                           Consequential amendments   Schedule 3

                                                                                 cl. 4



     4.         Health Amendment Act 1987 amended
          (1)   The amendments in this clause are to the Health Amendment
                Act 1987.
          (2)   Section 90 is amended in proposed new section 246FA(1) by deleting
 5              the definition of "pharmacist" and inserting instead --
                     "
                         "pharmacist" means a practising pharmacist as
                            defined in the Pharmacists Act 2006;
                                                                                     ".

10   5.         Health Professionals (Special Events Exemption) Act 2000
                amended
          (1)   The amendments in this clause are to the Health Professionals
                (Special Events Exemption) Act 2000.
          (2)   Section 3(1) is amended in the definition of "Health Registration Act"
15              by deleting "Pharmacy Act 1964;" and inserting instead --
                "    Pharmacists Act 2006; ".

     6.         Health Services (Conciliation and Review) Act 1995 amended
          (1)   The amendments in this clause are to the Health Services
                (Conciliation and Review) Act 1995.
20        (2)   Schedule 1 is amended by deleting item 7 and inserting instead --
            "
                7.       Pharmacists Registration Board of Western Australia under
                         the Pharmacists Act 2006.
                                                                                     ".

25   7.         Juries Act 1957 amended
          (1)   The amendments in this clause are to the Juries Act 1957.
          (2)   The Second Schedule Part II is amended under item 2 "Health" by
                deleting "Pharmaceutical chemists registered under the Pharmacy



                                                                             page 109
     Pharmacists Bill 2006
     Schedule 3      Consequential amendments

     cl. 8



                 Act 1964 and actually in business whether as principal or manager for
                 a principal." and inserting instead --
                 "
                          Pharmacists who are registered under the Pharmacists
 5                        Act 2006 section 26, if actually practising.
                                                                                      ".

     8.          Liquor Licensing Act 1988 amended
           (1)   The amendments in this clause are to the Liquor Licensing Act 1988.
           (2)   Section 6(1)(b)(i) is amended by deleting "registered pharmaceutical
10               chemist" and inserting instead --
                                 "
                                         practising pharmacist as defined in the
                                         Pharmacists Act 2006
                                                                                      ".

15   9.          Medical Act 1894 amended
           (1)   The amendments in this clause are to the Medical Act 1894.
           (2)   Section 19 is amended by deleting "chemist and druggist, or of a
                 pharmaceutical chemist," and inserting instead --
                 "
20                        practising pharmacist as defined in the Pharmacists
                          Act 2006
                                                                                      ".
     10.         Oaths, Affidavits and Statutory Declarations Act 2005 amended
           (1)   The amendments in this clause are to the Oaths, Affidavits and
25               Statutory Declarations Act 2005.
           (2)   Schedule 2 is amended by deleting item 9 and inserting the following
                 item instead --
             "
                     9.       A practising pharmacist as defined in
                              the Pharmacists Act 2006.                  Pharmacist
                                                                                      ".

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                                           Consequential amendments   Schedule 3

                                                                                cl. 11



     11.         Optometrists Act 1940 amended
           (1)   The amendments in this clause are to the Optometrists Act 1940.
           (2)   Section 33(2) is amended as follows:
                   (a)    in paragraph (a) by deleting "pharmaceutical chemist" and
 5                        inserting instead --
                          "   pharmacist ";
                   (b)    in paragraph (b) by deleting "pharmaceutical chemist" and
                          inserting instead --
                          "   pharmacist ".

10   12.         Poisons Act 1964 amended
           (1)   The amendments in this clause are to the Poisons Act 1964.
           (2)   Section 5(1) is amended by deleting the definition of "pharmaceutical
                 chemist" and inserting in the appropriate alphabetical positions --
                   "
15                       "pharmacist" means a practising pharmacist as
                            defined in the Pharmacists Act 2006;
                         "pharmacy" means a pharmacy registered under the
                            Pharmacists Act 2006;
                                                                                       ".
20         (3)   Section 8(3)(g) is amended by deleting "The Council of the
                 Pharmaceutical Society of Western Australia" and inserting instead --
                              "
                                  Pharmacists Registration Board of Western
                                  Australia established under the Pharmacists
25                                Act 2006
                                                                                       ".
           (4)   Section 20(2) is amended as follows:
                   (a)    in paragraph (a) by deleting "pharmaceutical chemists" and
                          inserting instead --
30                        "   pharmacists ";



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     Pharmacists Bill 2006
     Schedule 3      Consequential amendments

     cl. 12



                    (b)       in paragraph (b) by deleting "service available" and inserting
                              instead --
                              "     located within a reasonably convenient distance ";
                    (c)       in paragraph (c) by deleting "pharmaceutical chemists" and
 5                            inserting instead --
                              "     pharmacists ".
         (5)    Section 23(2)(a) is deleted and the following paragraph is inserted
                instead --
                          "
10                            (a)     a pharmacist is authorised to manufacture,
                                      possess, use, supply or sell at a pharmacy any
                                      poison;
                                                                                           ".
         (6)    Section 24(4)(a) is amended by deleting "pharmaceutical chemist"
15              and inserting instead --
                "    pharmacist ".
         (7)    Section 30 is amended by deleting "pharmaceutical chemist" in each
                place where it occurs and inserting instead --
                "    pharmacist ".
20       (8)    Section 30 is amended in the definition of "friendly society" by
                deleting "means corporation that is a friendly society within the
                meaning of section 16C of the Life Insurance Act 1995 of the
                Commonwealth." and inserting instead --
                "
25                        has the same meaning as it has in the Pharmacists
                          Act 2006.
                                                                                           ".
         (9)    Section 50(2) is amended by deleting "pharmaceutical chemists" and
                inserting instead --
30              "    pharmacists ".




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                                                 Consequential amendments   Schedule 3

                                                                                     cl. 13



       (10)      Section 55C is amended by inserting after "Misuse of Drugs
                 Act 1981" --
                 " or the Pharmacists Act 2006 ".
       (11)      Section 61 is amended as follows:
 5                   (a)   in paragraph (a) by deleting "pharmaceutical chemists" and
                           "pharmaceutical chemist, ";
                     (b)   in paragraph (b) --
                               (i)    by deleting "registered pharmaceutical chemist," and
                                      inserting instead --
10                                    "      pharmacist or a registered ";
                               (ii)   by deleting subparagraph (ii) and inserting instead --
                                  "
                                      (ii)     in the case of a pharmacist, by the
                                               registrar of the Pharmacists Registration
15                                             Board of Western Australia established
                                               by the Pharmacists Act 2006;
                                                                                           ".
       (12)      Section 64(2) is amended as follows:
                   (a) in paragraph (q) by deleting "pharmaceutical chemist" and
20                       inserting instead --
                           "     pharmacist ";
                     (b)   in paragraph (r) by deleting "pharmaceutical chemists" and
                           inserting instead --
                           "     pharmacists ".
25   13.         State Administrative Tribunal Act 2004 amended
           (1)   The amendments in this clause are to the State Administrative
                 Tribunal Act 2004.
           (2)   Schedule 1 is amended by deleting "Pharmacy Act 1964" and
                 inserting instead --
30               "    Pharmacists Act 2006          ".



                                                                                  page 113
     Pharmacists Bill 2006
     Schedule 3      Consequential amendments

     cl. 14



     14.         Veterinary Chemical Control and Animal Feeding Stuffs Act 1976
                 amended
           (1)   The amendments in this clause are to the Veterinary Chemical
                 Control and Animal Feeding Stuffs Act 1976.
 5         (2)   Section 5(1) is amended in paragraph (a) of the definition of
                 "veterinary chemical product" by deleting "pharmaceutical chemist
                 registered under the Pharmacy Act 1964" and inserting instead --
                 "
                           practising pharmacist as defined in the Pharmacists
10                         Act 2006
                                                                                          ".
           (3)   Section 65 is amended as follows:
                     (a)    paragraph (b) is deleted;
                     (b)    in paragraph (c) --
15                             (i)   by deleting "registered pharmaceutical chemist" and
                                     inserting instead --
                                     "   practising pharmacist ";
                              (ii)   in subparagraph (i) by deleting "registered
                                     pharmaceutical chemist, by the registrar of the
20                                   Pharmaceutical Council of Western Australia,
                                     constituted under the Pharmacy Act 1964;" and
                                     inserting instead --
                                         "
                                             practising pharmacist, by the registrar of
25                                           the Pharmacists Registration Board of
                                             Western Australia, within the meaning
                                             of the Pharmacists Act 2006;
                                                                                          ".




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                                                           Pharmacists Bill 2006
                                         Consequential amendments   Schedule 3

                                                                                cl. 15



     15.         Veterinary Surgeons Act 1960 amended
           (1)   The amendments in this clause are to the Veterinary Surgeons
                 Act 1960.
           (2)   Section 28(a) is amended by deleting "registered pharmaceutical
 5               chemist" and inserting instead --
                       "
                               practising pharmacist as defined in the
                               Pharmacists Act 2006
                                                                                     ".

10




                                                                            page 115
Pharmacists Bill 2006



Defined Terms




                                           Defined Terms
           [This is a list of terms defined and the provisions where they are defined.
                                  The list is not part of the law.]
     Defined Term                                                                                         Provision(s)
     applicant ........................................................................................................ 34
     application ....................................................................................................... 3
     appointing body.............................................................................................. 88
     approved .......................................................................................................... 3
     assets ................................................................................................Sch. 2 cl. 1
     Board............................................................................................................... 3
     certificate of registration................................................................................... 3
     close family member ...................................................................................... 57
     committee ........................................................................................................ 3
     complainant...................................................................................................... 3
     complaint ......................................................................................................... 3
     complaints assessment committee..................................................................... 3
     condition .......................................................................................................... 3
     Corporations Act .............................................................................................. 3
     Council ........................................................................................ Sch. 2 cl. 4(2)
     Director............................................................................................................ 3
     disciplinary matter............................................................................................ 3
     dispense ........................................................................................................... 3
     disqualified person .....................................................................................33(1)
     document ......................................................................................................... 3
     former Council ..................................................................................Sch. 2 cl. 1
     friendly society................................................................................................. 3
     hospital ............................................................................................................ 3
     impairment....................................................................................................... 3
     impairment matter ............................................................................................ 3
     impairment review committee........................................................................... 3
     incorporated Pharmaceutical Society..................................................Sch. 2 cl. 1
     information ................................................................................................13(1)
     insolvent ....................................................................................................53(1)
     investigator ...................................................................................................... 3
     legal practitioner............................................................................................... 3
     liability .............................................................................................Sch. 2 cl. 1
     medical practitioner.......................................................................................... 3
     medicine or drug ......................................................................................115(1)
     member........................................................................................... Sch. 1 cl. 10
     member of the Board........................................................................................ 3
     new Board.........................................................................................Sch. 2 cl. 1
     non-practising pharmacist................................................................................. 3

page 116
                                                                                Pharmacists Bill 2006



                                                                                            Defined Terms



officer .............................................................................................................. 3
pharmacist.................................................................................................. 3, 57
pharmacist controlled company....................................................................... 57
pharmacy ......................................................................................................... 3
pharmacy business............................................................................................ 3
practise pharmacy.......................................................................................28(2)
practising pharmacist........................................................................................ 3
preserved company......................................................................................... 34
presiding member............................................................................................. 3
professional indemnity insurance ................................................................27(1)
proprietary interest ........................................................................................... 3
register............................................................................................................. 3
registered ......................................................................................................... 3
registered pharmacy ......................................................................................... 3
registrar............................................................................................................ 3
registration ....................................................................................................... 3
relevant official .......................................................................... Sch. 2 cl. 12(1)
repeal day..........................................................................................Sch. 2 cl. 1
repealed Act ......................................................................................Sch. 2 cl. 1
respondent........................................................................................................ 3
restricted title ...........................................................................................105(1)
right ..................................................................................................Sch. 2 cl. 1
specified..................................................................................... Sch. 2 cl. 26(5)
state tax...................................................................................... Sch. 2 cl. 11(1)
student ............................................................................................................. 3
The List....................................................................................Sch. 2 cl. 1 and 3
the practice of pharmacy................................................................................... 3
trainee.............................................................................................................. 3
traineeship agreement....................................................................................... 3
unincorporated Pharmaceutical Society..............................................Sch. 2 cl. 1
vending machine ......................................................................................115(1)




 


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