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HEALTH PRACTITIONER REGULATION NATIONAL LAW (ACT) (TRANSITIONAL PROVISIONS) REGULATION 2010 (NO 2) (NO 39 OF 2010)
THE LEGISLATIVE ASSEMBLY FOR
THE
AUSTRALIAN CAPITAL TERRITORY
HEALTH
PRACTITIONER REGULATION NATIONAL LAW (ACT) (TRANSITIONAL PROVISIONS) REGULATION
2010 (NO 2)
EXPLANATORY
STATEMENT
Health Practitioner Regulation National Law (ACT) (Transitional Provisions) Regulation 2010 (No 2)
The Health Practitioner Regulation National Law (ACT) (Transitional
Provisions) Regulation 2010 (No 2) utilises the power in the Health
Practitioner Regulation National Law (ACT) 2010 (the Act) to make
modifications to the Act. This power is being used to correct an oversight with
the amendments to the Health Act 1993 that were in the Act as made by the
Legislative Assembly. The oversight related to ensuring that the ownership of
pharmacies were only by registered pharmacists or a complying pharmacy
corporation.
Notes on clauses
Clause 1 Name of
regulation
This clause provides that the regulation is to be known as the
Health Practitioner Regulation National Law (ACT) (Transitional Provisions)
Regulation 2010 (No 2).
Clause 2 Commencement
This
clause provides that the regulation commences the day after its notification on
the Legislation Register.
Clause 3 Modification of Act, pt 3-Act, s
13(2)
This clause provides for the modification of the Act. The Act is to
be modified by the insertion of section 12A, division 3.1. It is to be noted
that under section 12 of the Act, a number of pieces of legislation were
authorised for amendment. Among these was the Health Act 1993.
Modification of the Act is authorised by section 13, which provides that
a regulation may prescribe transitional matters necessary or convenient to be
prescribed because of the enactment of this Act. Transitional powers are
inserted into legislation where there is some complexity arising from a
reforming bill. A clause of this nature ensures that any matters that may have
been inadvertently omitted or inadequately dealt with when developing a bill can
be addressed.
Among the amendments to the Health Act were provisions
about pharmacists and pharmacy premises. The explanatory statement for the
amendments stated the purpose of the amendments inserting part 9 into the Health
Act was “to ensure that the status quo regarding pharmacy premises is
maintained”. The intended position was that a pharmacist have direct,
personal control of the operation of a community pharmacist for the protection
of the community. It has since been identified that this position was not given
full effect. Consequently, the power in the Act is being used to modify the
Health Act to give effect to the intended position.
The modification is
contained in schedule 1 to the regulation. It inserts section 129A, ownership of
pharmacy business. It provides that it is an offence for a person who is not a
pharmacist or a complying pharmacy corporation to own a pharmacy business. A
pharmacy business means a business providing pharmacy services at a community
pharmacy. “Own” is also defined to include having a legal or
beneficial interest in the pharmacy business. The provision does not have
retrospective effect and will expire on 1 July 2012.
Clause
4
This clause provides that the regulation expires on 1 July 2012,
consistent with the expiry of the transitional provisions provided for by part 3
of the Act. Expiry clauses are included to ensure that transitional provisions
are not retained on the statute book for any longer than necessary.