South Australian Numbered Acts South Australian Numbered Acts (1) In this Act,
unless the contrary intention appears—
"appropriate register" means—
(a) the
register of pharmacists; or
(b) the
pharmacy student register,
as the case may require;
"Board" means the Pharmacy Board of South Australia;
"corporate pharmacy services provider"—see subsection (5);
"dentist" means a person who is registered as a dentist under the law of this
State;
"director" of a body corporate means a member of the board or committee of
management of the body corporate, whether validly appointed or not;
"District Court" means the Administrative and Disciplinary Division of the
District Court;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"equipment" includes appliances or instruments used for the purposes of
pharmacy services;
"Friendly Society Medical Association Limited" means the friendly society
registered under the Corporations Act 2001 of the Commonwealth as a public
company under the name Friendly Society Medical Association Limited
(ACN 088 347 602);
"inspector" means a person authorised by the Board to exercise the powers of
an inspector under this Act;
"legal practitioner" means a person admitted and enrolled as a practitioner of
the Supreme Court of South Australia;
"medical practitioner" means a person who is registered as a
medical practitioner under the law of this State;
"Metropolitan Adelaide" has the same meaning as in the
Development Act 1993 ;
"nominated contact address" of a registered person means an address nominated
by the person for the purpose of service of notices and documents under this
Act;
"pharmacist" means a person who is registered on the register of pharmacists
kept under this Act;
"pharmacy", in relation to premises, means premises registered on the
register of pharmacies kept under this Act;
"pharmacy banner company" means a body corporate that enters into commercial
arrangements under which—
(a) a
number of pharmacy businesses are operated under business or trading names
that contain a common component; and
(b) the
pharmacy businesses are jointly advertised and promoted;
"pharmacy business" means a business consisting of or involving the provision
of pharmacy services;
"pharmacy depot" means premises (other than a pharmacy) at which—
(a)
prescriptions for drugs or medicines are left for dispensing by a pharmacist;
or
(b)
drugs or medicines dispensed by a pharmacist on prescription are left for
collection by or on behalf of the person for whom the drugs or medicines are
prescribed;
"pharmacy services" or "pharmacy" means—
(a)
restricted pharmacy services; or
(b)
other health services (including the supply of goods and the provision of
advice) provided in the course of practice by a pharmacist or a person who
holds himself or herself out, or is held out by another, as a pharmacist;
"pharmacy services provider" means—
(a) a
corporate pharmacy services provider; or
(b) a
person referred to in section 43(2);
"pharmacy student register"—see Part 3 Division 1;
"practice rules"—see section 13(1)(e);
"practising certificate"—see Part 3 Division 3;
"prescribed relative", in relation to a registered person, means a parent,
spouse, domestic partner, child, grandchild, brother or sister of the
registered person;
"provide", in relation to pharmacy services, means provide services personally
or through the instrumentality of another, and includes offer to provide;
"psychologist" means a person who is registered as a psychologist under the
law of this State;
"record" means—
(a) a
documentary record; or
(b) a
record made by an electronic, electromagnetic, photographic or optical
process; or
(c) any
other kind of record;
"register" means a register kept under this Act;
"registered person" means a person who is registered on a register kept under
this Act;
"register of pharmacies"—see Part 3 Division 1;
"register of pharmacists"—see Part 3 Division 1;
"Registrar" means the person holding or acting in the office of Registrar of
the Board;
"related body corporate" has the same meaning as in the
Corporations Act 2001 of the Commonwealth;
"repealed Act" means the Pharmacists Act 1991 ;
"representative body" means a body that is declared by the regulations to be a
representative body for the purposes of this Act;
"restricted pharmacy services" means—
(a)
dispensing drugs or medicines on the prescription of a medical practitioner,
dentist, veterinary surgeon or other person authorised to prescribe the drugs
or medicines; or
(b)
other services declared by the regulations to be restricted pharmacy services;
"spouse"—a person is the spouse of another if they are legally married;
"unprofessional conduct" includes—
(a)
improper or unethical conduct in relation to professional practice; and
(b)
incompetence or negligence in relation to the provision of pharmacy services;
and
(c) a
contravention of or failure to comply with—
(i)
a provision of this Act; or
(ii)
a code of conduct or professional standard prepared or
endorsed by the Board under this Act; and
(d)
conduct that constitutes an offence punishable by imprisonment for 1 year
or more under some other Act or law;
"veterinary surgeon" means a person who is registered as a veterinary surgeon
under the law of this State.
(2) A reference in
this Act to "unprofessional conduct" extends to—
(a)
unprofessional conduct committed before the commencement of this Act; and
(b)
unprofessional conduct committed within or outside South Australia or the
Commonwealth.
(3) A reference in
this Act to "engaging in conduct" includes a reference to failing or refusing
to engage in conduct.
(4) Without limiting
the generality of the expression, a person will be
taken to "provide restricted pharmacy services" or "provide pharmacy services
if—
(a) the
person is a party to an arrangement of a kind prescribed by the regulations;
or
(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 arrangement, a right to
receive consideration that varies according to the profits or income of a
pharmacy business.
(5) For the purposes
of this Act, each of the following is a
"corporate pharmacy services provider":
(a) a
company that conforms with each of the following:
(i)
it is a company limited by shares;
(ii)
the sole object of the company is to provide pharmacy
services;
(iii)
all the directors of the company are pharmacists (or if
there are only 2 directors, 1 director is a pharmacist and the other is a
prescribed relative of that pharmacist);
(iv)
no share issued by the company, and no right to
participate in the distribution of the profits of the company, is owned
beneficially otherwise than by a pharmacist who is a director or employee of
the company, or by a prescribed relative of that pharmacist;
(v)
the total voting rights exercisable at a meeting of the
members of the company are held by pharmacists who are directors or employees
of the company;
(vi)
if the right of a pharmacist and of his or her
prescribed relatives to hold shares in the company ceases by virtue of that
person ceasing to be a director or employee of the company, his or her shares
and those of his prescribed relatives will be redeemed by the company,
distributed among the remaining members of the company, or transferred to a
pharmacist who is to become a director or employee of the company, in
accordance with the constitution of the company;
(vii)
the shares of a person who is a shareholder by virtue of
being the spouse or domestic partner of a pharmacist of the relevant class
will—
(A) on dissolution or annulment of his or
her marriage with that person; or
(B) in the case of a
domestic partner—on the cessation of that relationship,
be redeemed by the company, or distributed among the remaining members of the
company, in accordance with the constitution of the company;
(b) a
friendly society that conforms with each of the following:
(i)
it is a company limited by guarantee or shares or by
guarantee and shares;
(ii)
it has at least 100 members;
(iii)
its members have equal voting rights on a poll or at a
meeting or equal voting rights to elect a representative to vote on their
behalf;
(iv)
its objects include the provision of health or welfare
facilities or services for its members or their dependants;
(v)
it provides pharmacy services;
(vi)
the undistributed surplus of the friendly society would,
in the event of the company being wound up, be distributed among its members
at the time of winding up or transferred to another person or body with a
similar structure and objects;
(vii)
it is not carrying on business for the dominant purpose
of securing a profit or pecuniary gain for its members;
(viii)
any object or intention of the friendly society to
provide a dividend to its shareholders or members is a limited and not
dominant purpose of the friendly society;
(ix)
the property and income of the friendly society are
applied towards the objects of the friendly society;
(c) a
company other than—
(i)
Friendly Society Medical Association Limited; or
(ii)
The Mount Gambier United Friendly Societies Dispensary
Limited,
that carried on a pharmacy business on 1 August 1942 and has
continued to do so since that date.
(6) A company referred
to in subsection (5)(c) ceases to be a
corporate pharmacy services provider if—
(a) a
person who is not a pharmacist is appointed as a director of the company; or
(b) a
person who is not a pharmacist or a prescribed relative of a pharmacist is
appointed as a director of a related body corporate of the company; or
(c) any
shares in the company are issued or transferred to a person who is not a
pharmacist; or
(d)
shares in a related body corporate of the company are issued or transferred to
a person who is not a pharmacist or a prescribed relative of a pharmacist; or
(e) the
company carries on the pharmacy business in the capacity of trustee of a trust
and a person who is not a pharmacist or a prescribed relative of a pharmacist
obtains a beneficial interest in the trust; or
(f) a
person holds shares in the company, or a related body corporate of the
company, in the capacity of trustee of a trust and a person who is not a
pharmacist or a prescribed relative of a pharmacist obtains a beneficial
interest in the trust; or
(g) a
person other than a pharmacist or a prescribed relative of a pharmacist
otherwise obtains a proprietary interest in the pharmacy business of the
company or achieves a position in which the person may exercise control or
substantial influence over the company in the conduct of its affairs.
(7) For the purposes
of this Act, a person occupies a "position of authority in a
corporate pharmacy services provider if the person—
(a) is a
director of the body corporate; or
(b)
exercises, or is in a position to exercise, control or substantial influence
over the body corporate in the conduct of its affairs; or
(c)
manages, or is to manage, the business of the body corporate that consists of
the provision of pharmacy services; or
(d)
where the body corporate is a proprietary company—is a shareholder in
the body corporate.
(8) For the purposes
of this Act, a person occupies a "position of authority in a body corporate
other than a corporate pharmacy services provider if the person—
(a) is a
director of the body corporate; or
(b)
exercises, or is in a position to exercise, control or substantial influence
over the body corporate in the conduct of its affairs; or
(c)
where the body corporate is a proprietary company—is a shareholder in
the body corporate.
(9) However, a minor
who is a shareholder in a proprietary company is not, for that reason, to be
regarded as a person occupying a "position of authority .
(10) For the purposes
of this Act, a person who holds more than 10 per cent of the issued share
capital of a public company will be regarded as a
person occupying a "position of authority" in that company.