PHARMACY ACT (Repealed)

This reprint shows the Act as in force at 1 February 2000. Any amendments that may come into operation after that date are not included.

An Act to provide for the Registration of Pharmacists and to Control the Practice of Pharmacy

This Act shall commence on a date to be fixed by the Administrator by notice in the Gazette.

"The Pharmacy Act of 1891" and "The Pharmacy Act Amendment Act, 1897" of the State of South Australia, in their application to the Territory, are repealed.

"Chief Health Officer" means the Chief Health Officer appointed under the Public Health Act;

"member" means a member of the Pharmacy Board, constituted in accordance with this Act;

(2) The Board shall be a body corporate, with perpetual succession, and a common seal, and may acquire hold and dispose of real and personal property and shall be capable of suing and of being sued.

(3) All Courts, Judges and persons acting judicially shall take judicial notice of the seal of the Board affixed to any document or notice, and shall deem that it was duly affixed.

(c) 5 registered pharmacists, not more than 3 of whom may be residents of the Darwin Town Area as described in the Schedule to the Darwin Lands Acquisition Act 1945 of the Commonwealth.

(2) The members of the Board referred to in sub-section (1)(c) shall be appointed by the Minister and, subject to section 7A, shall hold office for 3 years.

(3) The Chief Health Officer or his or her nominee shall be the Chairman of the Board.

(4) The Chairman shall preside at all meetings of the Board at which he is present.

(5) In the event of the illness or absence of the Chairman, the members present at the meeting shall elect a member to act as the Chairman for the purposes of the meeting.

(6) A quorum of the Board shall consist of 3 members, of whom one shall be the Chairman or the member elected under subsection (5).

(7) A nominee of the Chief Health Officer is to be a person who is registered, or entitled to be registered, as a medical practitioner under the Medical Act.

(a) if he becomes bankrupt or takes advantage of any Act relating to bankruptcy;

(b) the Minister receives a report from the Chief Health Officer, based on advice from 2 medical practitioners, that as a result of the member's mental illness, as defined in the Mental Health and Related Services Act, he or she has become incapable of performing his or her duties as a member and is unlikely to be able to perform them for the remainder of his or her term of appointment;

(d) if he resigns his office by writing addressed to the Minister and his resignation is accepted by the Minister;

(f) if he absents himself (except on leave granted by the Board) from 2 consecutive meetings of the Board.

(1) All meetings of the Board shall be convened by the Chairman by notice in writing to the other members of the Board.

(2) A member (not being a Chief Executive Officer or employee as defined in the Public Sector Employment and Management Act) shall, on application to the Minister, be reimbursed expenses reasonably incurred by the member in attending a meeting of the Board.

(1) The Board may, by instrument in writing, delegate to a person any of its powers and functions under this Act, other than this power of delegation.

(2) A power or function delegated under this section, when exercised or performed by the delegate, shall, for the purpose of this Act, be deemed to have been exercised or performed by the Board.

(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Board.

(1) For the purposes of this Act, the Board may, by writing under the hand of the Chairman, summon any person to attend the Board at a time and place named in the summons, and then and there to give evidence and to produce any books, documents or writings in his custody or control which he is required by the summons to produce.

(2) The Board may, in its discretion, on the application of any party to any proceedings before the Board, by writing under the hand of the Chairman, summon any person to appear as a witness before the Board.

Any member of the Board may administer an oath to any person appearing as a witness before the Board, whether the witness has been summoned or appears without being summoned, and may examine the witness upon oath.

(1) Where any witness to be examined before the Board conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth, and nothing but the truth, to all questions that may be asked him.

(2) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.

If any person served with a summons to attend the Board, when the summons is served personally, fails without reasonable excuse to attend the Board, or to produce any documents, books or writings in his custody or control which he was required by the summons to produce, he shall be guilty of an offence.

If any person appearing as a witness before the Board refuses to be sworn or to make an affirmation or to answer any question relevant to the proceedings before the Board put to him by any member thereof, he shall be guilty of an offence.

Any witness before the Board who knowingly gives false testimony touching any matter material to any inquiry shall be guilty of an offence.

The members of the Board shall not be personally liable for any act or default of the Board done or omitted to be done in good faith in administering this Act.

(1) The Board may demand and, in advance, collect such fees as are determined under section 16A.

(2) Such fees and all penalties and other moneys received or realized under this Act shall be paid into the Public Account, within the meaning of the Financial Management Act, in accordance with that Act.

The Minister may, by notice in the Gazette, determine the fees payable under this Act.

Any person, thereto authorized in writing by the Chairman, may enter any premises in which any pharmacist is carrying on business, and may examine any books, papers, records, drugs or any article stored or offered for sale or used in connection with the business.

(1) The Minister may appoint a person to be the Registrar for the purposes of this Act.

(2) The Registrar, in the exercise of his powers and the performance of his duties, is subject to the directions of the Board.

(1) Subject to section 22A(1), a person shall be registered by the entry in the Register of his name and such other particulars relating to him as are prescribed.

Any pharmacist registered under the law in force in any State or Territory at the commencement of this Act shall, on application to the Board, be entitled to be registered as such under this Act by virtue of such registration, provided such application is made within 6 months after the commencement of this Act.

(a) has passed the examinations prescribed by the Pharmacy Board in any State, under the Pharmacy Act of that State or by the Pharmacy Board of Victoria under the Medical Act 1915 or the Medical Act 1928 of that State, or by the Council of the Pharmaceutical Society of Western Australia under the Pharmacy and Poisons Act 1910-1948, or under any of those State Acts as amended from time to time; or

(b) holds (by examination which in the opinion of the Board is of a standard substantially equivalent to that specified in subsection (a) a certificate or diploma of competency as a pharmaceutical chemist or as a chemist and druggist from the Pharmaceutical Society of Great Britain or any College or board of pharmacy recognized for this purpose by the Board,

When any person has applied to be registered and has proved to the satisfaction of the Board –

(b) that he is entitled to apply for registration by virtue of compliance with the requirements specified in section 21; and

(c) that the certificate or diploma testifying to his qualification was, after examination, duly obtained by him from such a society, college or board as is specified in section 21; and in the period during which he has held the certificate, his name has not been removed from the register of any country for any cause which would have, on its happening, disqualified him from being registered under this Act; and has not been removed from the register of persons entitled to practise pharmacy in the country concerned,

the Board may cause the person to be registered by entering in the Register his name and such other particulars as are prescribed; and issue to him upon payment of the fee determined under section 16A for the purposes of this section, a certificate in the prescribed form.

(2) Upon the issue of a certificate under subsection (1), a person shall, subject to subsection (3), be deemed to be registered until –

being a date, in either case, not later than 3 months after the issue of the certificate.

(3) When the Board is satisfied that, before the date so specified or determined under subsection (2), a person is not qualified to be registered, the Board may, without prejudice to the application of the person to be registered and notwithstanding Part IV, cancel the certificate of provisional registration issued to the person.

(1) If the Board refuses to register any person under this Act, the Board shall, if required by such person, state in writing the reason for such refusal.

(1) The Board shall cause to be published in the Gazette in every year a true copy of the Register.

(2) A copy of the Register so published shall be a prima facie evidence of the registration of the persons named therein.

Any person who procures himself to be registered under this Act by means of any false or fraudulent representation or by the production of any false certificate or diploma shall be guilty of an offence.

(1) Any registered pharmacist who obtains or already possesses any higher degree or any qualification other than the qualification in respect of which he is registered may have such higher degree or additional qualification inserted in the Register without payment of any additional fee.

(2) There shall be inserted in the Register the particulars of any honour conferred on any pharmacist by Her Majesty the Queen.

(1) Any registered pharmacist who changes his professional address shall forthwith give notice of the fact by post to the Chairman of the Board.

(1) The Board shall remove from the Register the names of all registered pharmacists who have died and may make such alterations and amendments in the register as it thinks fit.

(2) The Board may, by notice to any registered pharmacist addressed to him by registered post according to his address in the Register, inquire whether he has changed his address or residence, and, if an answer is not returned to such notice within 6 months after the date of the posting thereof, the Board may remove the name of such person from the Register.

(3) Any name removed from the Register under this Part may be restored by the Board.

(b) who has ceased to possess, or does not possess, the qualifications in respect of which he was registered;

(c) who has been found guilty in any part of Her Majesty's Dominions or elsewhere of an indictable offence or of any other offence which, in the opinion of the Board, renders him unfit to practise;

(d) who is the subject of a report of the Chief Health Officer, based on advice from 2 medical practitioners, that as a result of the person's mental illness, as defined in the Mental Health and Related Services Act, he or she has become incapable of practising pharmacy and is unlikely to be able to practise pharmacy in the future; or

(ii) such improper conduct as, in the opinion of the Board, renders him unfit to be allowed to continue to practise as a pharmacist.

(2) If the Board removes the name of any person from the Register, it shall, if so required by him, state in writing the reason for the removal.

(3) Any person whose name has been removed from the Register in pursuance of this section may appeal to the Supreme Court to have his name restored to the Register and the Board shall, if the Supreme Court so orders, restore his name accordingly.

(1) Before removing from the Register the name of any person, the Board shall make due inquiry, and the person may be represented by counsel, attorney or agent, who may examine witnesses and address the Board on his behalf.

(2) Pending the hearing of a charge against any person, the Board may suspend the registration of that person who shall thereupon cease to practise.

Any person whose name is removed from the Register in pursuance of this Part shall, within 14 days after the date of posting of a notice demanding the return of his certificate of registration, surrender his certificate to the Board for cancellation.

Penalty: $10 for every day after the period of 14 days during which the certificate is not surrendered.

(1) Any person other than a registered pharmacist who carries on or attempts to carry on in any place on any occasion the business of a pharmacist, or pretends to be a pharmacist, or assumes and uses the title of pharmaceutical chemist, pharmaceutist, pharmacist, chemist, druggist, homoepathic chemist, dispensing chemist, dispensing druggist or other words of similar meaning, or uses or exhibits any title, term, sign or symbol which may be construed to mean that he is qualified to perform the functions of a pharmacist or that he is carrying on business as a pharmacist shall be guilty of an offence.

(2) Upon the death of any pharmacist actually in business at the time of his death, any executor, administrator or trustee of the estate of that pharmacist may continue the business for a period of 2 months or for such longer term as is permitted by the Board if and so long only as such business is bona fide conducted by a registered pharmacist.

(1) A retail storekeeper or shopkeeper shall not, subject to any law in force in the Territory, be deemed to be carrying on the business of a pharmacist if he sells –

(b) any medicine or drug sold in the original container in which it was packed by the manufacturer.

(2) For the purposes of this Act, a patent or proprietary medicine means any pills, powders, lozenges, tinctures, potions, or waters (other than artificial mineral waters) which –

(b) are to be used or applied externally or internally and in respect of which the person making or vending the same claims to have any secret process for, or any exclusive right or title to, the making or preparing the same; or

(c) are by any public notice or advertisement or by any written or printed papers or handbills or by any label held out or recommended to the public by the makers, vendors or proprietors thereof as nostrums or specifics or as beneficial to the prevention, cure or relief of any ailment.

(i) of the location of the pharmacy and that he is the manager of that pharmacy; and

(ii) of the name of the registered pharmacist who will act as manager of the pharmacy while he is absent from the premises.

(2) Where the manager of a pharmacy is expected to be continuously absent from the pharmacy for a period of more than 3 days, not including days on which the pharmacy will not be open for business, he shall, before the commencement of the period of absence or, if this is not practicable, as soon as practicable thereafter, advise the Board –

(a) that he is expected to be so absent and of the expected period of the absence; and

(b) of the name of the registered pharmacist who will act as manager of the pharmacy during the absence.

(i) in any hospital, infirmary, dispensing hospital for the mentally ill, gaol, or other public institution;

(ii) to any health centre, or other centre or clinic for the promotion of the public health; or

(b) except as hereinafter provided, compound or dispense for fee or reward any drug or medicine; or

(2) Notwithstanding anything contained in section 34, a bona fide assistant or apprentice to a registered pharmacist may retail, compound, or dispense drugs and medicines in the course of his employment and under the actual personal supervision of a registered pharmacist.

(1) The Board may, upon the application of any registered pharmacist and the payment to it of the fee determined under section 16A for the purposes of this sub-section, issue a temporary permit to a pharmacist registered in any State or Territory to act as locum tenens for such registered pharmacist for a period of 3 months from the date of issue of the permit.

(2) The Board may, upon the payment to it of the fee referred to in subsection (1), renew any such permit for one further period of 3 months, but not for any longer period.

A medical practitioner shall not issue a prescription unless the prescription is signed by him with his usual signature and bears the date on which the prescription was issued.

Every pharmacist shall, as prescribed, record in a book to be kept by him for the purpose every prescription of any medical practitioner dispensed, compounded or made up by him.

(a) keep or maintain any dispensary for selling or supplying medicines or drugs, or for compounding or dispensing prescriptions unless such dispensary is, while open for business, constantly under his own control or that of some other registered pharmacist, as an assistant or agent of a registered pharmacist;

(b) permit any person, other than a bona fide assistant or apprentice in the course of his employment and under his actual personal supervision, or a registered pharmacist, to sell or supply medicines or drugs or compound or dispense prescriptions;

(c) carry on business as a pharmacist except under the actual personal supervision of himself or some other registered pharmacist;

(f) give medical or surgical advice or aid except in his place of business and –

(iv) in urgent or emergent cases under the direct instructions of a medical practitioner;

(g) allow his name to be used in connection with the practice of pharmacy at any premises at which there is not a registered pharmacist in daily attendance; or

(h) aid or assist any person other than a registered pharmacist to practise pharmacy except in accordance with this Act.

(a) a dispensary includes a place within a shop in which there are drugs or other substances the possession or use of which by any person could constitute an offence against the Dangerous Drugs Act or the Poisons Act; and

(b) a dispensary is open for business at all times when it is not securely locked in a manner approved by the Board.

Every registered medical practitioner or qualified veterinary surgeon may compound or dispense any medicines or drugs for patients or animals under his professional care without becoming a registered pharmacist.

(a) installs any automatic machine for the sale or supply of any drug or medicine or allows, permits or suffers any such automatic machine to be so installed;

(b) sells or supplies any drug or medicine by means of any automatic machine; or

(c) allows, permits or suffers any person to purchase or be supplied with or otherwise obtain any drug or medicine by means of any automatic machine,

(2) For the purposes of subsection (1), "automatic machine" means any machine or mechanical device used or capable of being used for the purpose of selling or supplying goods without the personal manipulation or attention of the seller or supplier, or his employee, or other agent at the time of the sale or supply.

(1) Any person, other than a registered medical practitioner, or a person acting under the direct instructions of such medical practitioner, who attends upon, prescribes for, or supplies any article as a drug, medicine, instrument or appliance to any person for the alleviation, cure or treatment of any venereal disease, whether such person is in fact suffering from such disease or not, or of any disease affecting the generative organs or functions, or of sexual impotence, or of any complaint or infirmity arising from or relating to sexual intercourse, or of female or menstrual irregularities, or for the purpose of terminating pregnancy or influencing the course of pregnancy, shall be guilty of an offence.

(a) a registered pharmacist who dispenses to the patient of a medical practitioner registered in any State or Territory the prescription of such practitioner if the prescription is dated and bears the address and usual signature (including the surname) of the practitioner; or

(b) a registered pharmacist who in the ordinary course of his business sells or supplies any article as a drug, medicine, instrument or appliance (except such drugs, medicines, instruments or appliances as are prescribed), provided such drug, medicine, instrument or appliance is sold or supplied by such pharmacist for purposes other than those prescribed by this section.

(1) A person shall not publish any statement, whether by way of advertisement or otherwise, to promote the sale of any article as a medicine, instrument or appliance for the alleviation or cure of any venereal disease, or disease affecting the generative organs or function, or of sexual impotence, or of any complaint or infirmity arising from or relating to sexual intercourse, or of female or menstrual irregularities, or for terminating pregnancy or influencing the course of pregnancy.

(a) affixes or inscribes any statement on any thing whatsoever so as to be visible to persons being in or passing along any street, road, highway, pathway, public place or public conveyance;

(b) delivers or offers, or exhibits any statement to any person being in or passing along any street, road, highway, pathway, public place or public conveyance;

(c) throws any statement into or upon any street, road, highway, pathway, public place or public conveyance, or into the area, yard, garden or enclosure of any house;

(3) The word "statement" includes any document, book or paper containing any statement.

(4) Any person, who, for himself or as assistant, servant, agent or manager, does or permits any act, matter or thing contrary to this section or any part thereof shall be guilty of an offence.

(5) Nothing in this section shall apply to any books, documents, or papers, published in good faith for the advancement of medical or surgical science, or to any advertisement, notice or recommendation published by the authority of the Chief Health Officer or to any publication sent only to medical practitioners or to registered pharmacists for the purposes of their business.

The British Pharmacopoeia, as published in England under the direction of the General Council of Medical Education and Registration of the United Kingdom in the edition for the time being in force, shall be the Pharmacopoeia in force in the Territory as the standard of quality or composition for all drugs or medicines and for the methods of preparation of all drugs or medicines and of compounding of all mixtures thereof, and for the purposes of this Act the litre, and the gram shall be accepted respectively as legal units of volume and weight.

Proceedings for offences against this Act may be instituted in any Court of competent jurisdiction by the Chairman or by any person thereto authorized in writing by the Chairman.

(a) assaults or by force molests or obstructs or intimidates any person in the performance of his duty under this Act; or

(b) refuses to permit any person thereto authorized in writing by the Chairman to examine books, papers, records, drugs or articles or to produce such for examination,

Any person who commits any breach of this Act, for which a penalty is not specially provided, shall be liable on being found guilty to a penalty not exceeding $100.

An offence of committing a breach of section 27(1), 31, 34, 35, 37, 38 or 39(1)(a), (c), (d) or (e) is a regulatory offence.

The Administrator may make Regulations, not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed, or which by this Act are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and, in particular, prescribing matters providing for and in relation to –

(a) the meetings and proceedings of the Board and the conduct of the business thereof, and the duties of its officers;

(e) the control of the professional conduct of registered pharmacists and the practice of the profession;

(f) the conditions under which medicines may be manufactured, dispensed, compounded or sold;

(g) the extent to which the British Pharmaceutical Codex, published by direction of the Council of the Pharmaceutical Society of Great Britain, or the Australasian Pharmaceutical Formulary published by the Australasian Pharmaceutical Conference on behalf of the Pharmaceutical Societies of Australia and New Zealand, shall be accepted as a statement of official standards or quality or composition of drugs or medicines and of the methods of preparation of drugs or medicines and of compounding of all mixtures thereof;

(h) the qualifications of apprentices and the conditions under which apprentices may be employed; and

(i) the imposition of penalties not exceeding $40 which may be imposed for breaches of the Regulations.

1. The Pharmacy Act comprises the Pharmacy Ordinance 1936 and amendments made by other legislation, the details of which are specified in the following table:

Ordinance, Act	Number and year	Date notified in Commonwealth Gazette	Date of commencement
Pharmacy Ordinance 1936	No. 10, 1936	3 Sept 1936	28 Sept 1936
		Date of assent by Administrator
Pharmacy Ordinance 1952	No. 8, 1952	23 Jan 1952	23 Jan 1952
Pharmacy Ordinance 1957	No. 7, 1957	12 Apr 1957	12 Apr 1957
Pharmacy Ordinance 1964	No. 56, 1964	8 Oct 1964	25 Nov 1964
		Date of notification of Governor-General's assent in N.T. Government Gazette
Pharmacy Ordinance 1968	No. 3, 1969	5 Mar 1969	7 May 1969
		Date of assent by Administrator
Pharmacy Ordinance 1973	No. 8, 1973	13 Mar 1973	13 Mar 1973
Pharmacy Ordinance (No. 2) 1973	No. 22, 1973	11 May 1973	11 May 1973

Ordinances Revision Ordinance 1973 as amended (a)	No. 87, 1973 No. 34, 1974 No. 69, 1974 No. 27, 1976	11 Dec 1973 26 Aug 1974 24 Oct 1974 28 June 1976	11 Dec 1973, but see s. 12(2); 11 Dec 1973, but see s. 3(2); 11 Dec 1973, but see s. 3; ss 1, 2 and 6: 28 June 1976, but see s. 6(2); ss 3 and 4: 11 Dec 1973; s. 5: 24 Oct 1974
Pharmacy Ordinance 1975	No. 2, 1976	2 Feb 1976	2 Aug 1976
Transfer of Powers Ordinance 1976 as amended	No. 64, 1976 No. 65, 1976	22 Dec 1976 22 Dec 1976	ss 1 and 2: 22 Dec 1976 Remainder: 1 Jan 1977, but see s. 2(2) and (3); 22 Dec 1976
Pharmacy Ordinance 1977	No. 41, 1977	18 Aug 1977	18 Aug 1977
Transfer of Powers (Self-Government) Ordinance 1978	No. 54, 1978	1 July 1978	1 July 1978, but see s. 8
Transfer of Powers (Health) Act 1978	No. 122, 1978	21 Dec 1978	1 Jan 1979, but see s. 3
Statute Law Revision Act (No. 2) 1979	No. 128, 1979	15 Oct 1979	15 Oct 1979
Pharmacy Act 1979	No. 154, 1979	12 Dec 1979	18 Jan 1980
Statute Law Revision Act (No. 4) 1981	No. 4, 1982	12 Feb 1982	12 Feb 1982
Pharmacy Amendment Act 1982	No. 92, 1982	14 Dec 1982	4 Feb 1983
Pharmacy Amendment Act 1983	No. 27, 1983	24 June 1983	11 Nov 1983
Criminal Law (Regulatory Offences) Act 1983	No. 68, 1983	28 Nov 1983	1 Jan 1984
Statute Law Revision Act 1989	No. 60, 1989	2 Oct 1989	2 Oct 1989
Public Sector Employment and Management (Consequential Amendments) Act 1993	No. 28, 1993	30 June 1993	1 July 1993
Sentencing (Consequential Amendments) Act 1996	No. 17, 1996	19 Apr 1996	s. 7: 19 Apr 1996; Remainder: 1 July 1996
Births, Deaths and Marriages (Consequential Amendments) Act 1996	No. 27, 1996	28 June 1996	1 Jan 1997
Statute Law Revision Act 1997	No. 17, 1997	11 April 1997	s. 16: 10 Dec 1997; Remainder: 1 May 1997
Mental Health and Related Services (Consequential Amendments) Act 1999	No. 11, 1999	25 Mar 1999	1 Feb 2000
Statute Law Revision Act 1999	No. 27, 1999	18 June 1999	18 June 1999

(a) General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Ordinances Revision Ordinance 1973 (as amended) to the following provisions: Ss 7, 12, 13, 22, 25, 26, 28, 29, 31, 32, 35, 36, 41, 42, 43, 46 and 47.

7A. Inserted by No. 56, 1964, s. 4; amended by No. 64, 1976, s. 4; No. 54, 1978, s. 3; No. 11, 1999, s. 4

Northern Territory Repealed Acts

PHARMACY ACT