New South Wales Repealed Regulations

This legislation has been repealed.

PHARMACY (GENERAL) REGULATION 1998 - REG 21

21 Savings for pecuniary interests before 5 October 1990 (section 25)

(1) For the purposes of section 25 (2) (c) of the Act, an individual, a body corporate or an unincorporated body is not prevented from having a pecuniary interest in a pharmacy business if:

(a) the interest is an interest that the individual, body corporate or unincorporated body had immediately before 5 October 1990 and that was lawful pursuant to section 25 (2) (b), (b1), (c), (d), (e) or (f) of the Act (as in force immediately before that day), and

(b) the interest is the same interest in the same pharmacy business as the individual, body corporate or unincorporated body had immediately before 5 October 1990, and

(c) the pharmacy business is carried on in either the shop in which that business was carried on immediately before 5 October 1990 (referred to in this clause as the "original shop") or a shop in the prescribed area for the original shop, and

(d) in the case of a body corporate that is a listed corporation within the meaning of the Corporations Act 2001 of the Commonwealth--the body corporate was a listed corporation immediately before 7 September 2006.

(2) The "prescribed area" for the original shop means, for the purposes of subclause (1) (c):

(a) if the original shop was situated in the area that consists of the County of Cumberland, the County of Northumberland and the City of Wollongong--that area, or

(b) in any other case--the area within 16 kilometres of the original shop.

(3) For the purposes of removal of doubt, it is declared that a change in the trading name under which a pharmacy business is carried on (whether or not the change occurred before, or occurs after, the commencement of the Pharmacy (General) Amendment (Exceptions) Regulation 2002 ) does not constitute a change in the identity of a pharmacy business and is not relevant in determining whether a pharmacy business is the same pharmacy business as existed immediately before 5 October 1990.

(4) For the purposes of removal of doubt, it is declared that it does not matter for the purposes of this clause that any relocation of a pharmacy business after 5 October 1990 occurred with or without the approval of the Minister.

(5) This clause does not apply to a person whose name has been removed from the Register or who is suspended from practising as a pharmacist.