Australian Capital Territory Bills

[Index] [Search] [Download] [Related Items] [Help]

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

PHARMACY AMENDMENT BILL 2004 (NO 2)

2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Minister for Health)

Pharmacy Amendment Bill 2004 (No 2)





Contents

Page





















2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Minister for Health)

Pharmacy Amendment Bill 2004 (No 2)





A Bill for

An Act to amend the Pharmacy Act 1931













The Legislative Assembly for the Australian Capital Territory enacts as follows:



1 Name of Act

This Act is the Pharmacy Amendment Act 2004 (No 2).

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3 Legislation amended

This Act amends the Pharmacy Act 1931.

4 Interpretation for Act

Section 2 (1), new definitions of friendly society and friendly society pharmacist

insert

friendly society means a company that is a friendly society under the Corporations Act.

friendly society pharmacist means a friendly society registered as a pharmacist under this Act.

5 Section 2 (1), definition of incorporated pharmacist

substitute

incorporated pharmacist means a company, other than a friendly society, registered as a pharmacist under this Act.

6 Section 9A heading

substitute

9A Eligibility of non-friendly society company for registration

7 Section 9A (1)

after

A company

insert

that is not a friendly society

8 New section 9B

insert

9B Eligibility of friendly society company for registration

A company that is a friendly society is eligible for registration as a pharmacist if—

(a) it provides mutual benefits to its members; and

(b) it is a non-profit organisation; and

(c) it has a constitution; and

(d) the constitution provides that the main object of the company is to carry on the business of pharmacist and any other business commonly associated with the practice of pharmacy.

9 Refusal of registration in case of conviction

New section 14 (4)

insert

(4) This section does not apply if the applicant is a friendly society.

10 Refusal of registration if applicant deregistered outside ACT

New section 15 (4)

insert

(4) This section does not apply if the applicant is a friendly society.

11 Applicants to be competent and of good character

New section 16 (3)

insert

(3) This section does not apply to a friendly society.

12 Entitlement to re-registration on payment of fees

Section 30 (3) (b)

substitute

(b) if the person is an incorporated pharmacist—a director or employee member of the person is not competent to practise pharmacy or is not of good character.

13 Change of address to be notified

Section 32 (c)

substitute

(c) a friendly society pharmacist or incorporated pharmacist establishes a registered office in the ACT;

14 Alteration of register

Section 33 (1) (b) and (c)

substitute

(b) a friendly society pharmacist or incorporated pharmacist that has been wound up or deregistered as a company; or

(c) a friendly society pharmacist that has ceased to be a friendly society; or

(d) a registered pharmacist whose registration has been cancelled.

15 Cancellation or suspension of registration

Section 35 (f)

substitute

(f) the person or, if the person is an incorporated pharmacist, a director or employee member of the person, has been convicted in the ACT or elsewhere of an offence punishable by imprisonment for longer than 1 year or any offence that, in the board’s opinion, makes the person unfit to practise as a pharmacist; or

16 Section 35 (m) and (n)

substitute

(m) if the person is an incorporated pharmacist—a director or employee member of the person is not competent to practise pharmacy; or

(n) if the person is a friendly society pharmacist—the person ceases to be a friendly society; or

(o) if the person is a friendly society pharmacist or incorporated pharmacist—the person is placed into liquidation.

17 Power of board to caution, reprimand etc

Section 38 (1) (c)

substitute

(c) if the pharmacist is an incorporated pharmacist—order a director or employee member of the pharmacist to seek and undergo medical or psychiatric treatment or counselling;

18 Section 38 (1) (g)

substitute

(g) if the pharmacist is an incorporated pharmacist—order a director or employee member of the pharmacist to complete a stated educational course.

19 New section 48AB

insert

48AB Business of friendly society pharmacists

The business of a friendly society pharmacist must be carried on under the actual personal supervision of a registered pharmacist who is an individual and is employed or engaged by the friendly society pharmacist.



Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2004.

2 Notification

Notified under the Legislation Act on 2004.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.















© Australian Capital Territory 2004

 

[Index] [Search] [Download] [Related Items] [Help]