South Australian Repealed Acts

This legislation has been repealed.

PHARMACISTS ACT 1991 - SECT 46

46—Powers of Board

        (1)         For the purposes of an inquiry under this Part, the Board may—

            (a)         by summons signed on behalf of the Board by a member of the Board or the Registrar, require the attendance before the Board of any person whom the Board thinks fit to call before it; or

            (b)         by summons signed on behalf of the Board by a member of the Board or the Registrar, require the production to the Board of any relevant records or equipment and, in the case of a record that is not a documentary record in the English language, require the production of a written statement in the English language of the contents of the record; or

            (c)         inspect any records or equipment produced before it and retain them for such reasonable period as it thinks fit, and make copies of the records or their contents; or

            (d)         require any person to make an oath or affirmation (which may be administered by any member of the Board) to answer truthfully questions put by any member of the Board or any person appearing before the Board; or

            (e)         require any person appearing before the Board (whether summoned to appear or not) to answer any questions put by any member of the Board or by any person appearing before the Board.

        (2)         Subject to subsection (3), a person—

            (a)         who fails without reasonable excuse to comply with a summons issued to attend, or to produce records or equipment, before the Board; or

            (b)         who, having been served with a summons to produce a written statement of the contents of a record in the English language fails, without reasonable excuse, to comply with the summons or produces a statement that he or she knows, or ought to know, is false or misleading in a material particular; or

            (c)         who misbehaves before the Board, wilfully insults the Board or one or more of the members in the exercise of the member's official duties, or interrupts the proceedings of the Board; or

            (d)         who refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Board,

is guilty of an offence.

Penalty: Division 5 fine or division 7 imprisonment.

        (3)         A person is not required to answer a question put by the Board or to produce records or a statement if the answer to the question, or the contents of the record or statement, would tend to incriminate him or her of an offence.

        (4)         In the course of an inquiry, the Board may—

            (a)         receive in evidence any transcript of evidence in proceedings before a court and draw any conclusions of fact that it considers proper; or

            (b)         adopt, as in its discretion it considers proper, any finding, decision or judgment of a court that may be relevant to the proceedings.