Pharmacies
Schedule 7 Pharmacies
section 18C
1. Definitions
In this Schedule:
Aboriginal health service means a service that provides health care primarily to Aboriginals.
authorised pharmacy business owner means:
a pharmacist; or
a partnership of which all the partners are pharmacists; or
(c) a corporation of which all shareholders and directors are pharmacists.
authorised pharmacy service provider means an organisation that operates:
an Aboriginal health service; or
a pharmacy service that is part of a public hospital; or
a pharmacy service that is part of a defence force facility.
pharmacy means premises or the part of premises in which a pharmacy business is carried on.
pharmacy business means a business that includes the custody of drugs and medicines, the dispensing of medicines on prescription and the supply of scheduled drugs and poisons to consumers by retail.
pharmacy department means premises or the part of premises in which a pharmacy service is provided.
pharmacy service means a service that includes the custody of drugs and medicines, the dispensing of medicines on prescription and the supply of scheduled drugs and poisons to patients and consumers.
2. Ownership of pharmacy
A person must not:
own; or
exercise any control over the conduct of;
a pharmacy business unless the person:
is an authorised pharmacy business owner; or
has been granted an exemption under subclause (2).
Maximum penalty: If the offender is an individual – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
(2) The Minister may grant an Aboriginal health service or friendly society an exemption from the application of subclause (1).
(3) The Minister must not grant an exemption under subclause (2) unless he or she is satisfied that:
(a) health services or access to heath services will be improved by granting the exemption; and
(b) granting the exemption will meet the needs of the community where the pharmacy business is situated.
(4) Subclause (1) does not apply to a person who was the owner of a pharmacy business before 23 February 2005.
Subclause (1) does not apply to a person who is:
(a) the administrator of the estate of a deceased person to whom that subclause applied; or
(b) the administrator of a person to whom that subclause applies who is declared bankrupt; or
(c) the administrator of a corporation to which that subclause applies that is in administration.
3. Ownership of pharmacy service
A person must not own a pharmacy service unless the person is an authorised pharmacy service provider.
Maximum penalty: If the offender is an individual – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
4. Conduct of pharmacy business and pharmacy service
(1) A person must not conduct a pharmacy business from premises unless the premises comply with the standards prescribed by the Pharmacy Committee.
Maximum penalty: If the offender is an individual – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
(2) A person must not conduct a pharmacy service from premises unless the premises comply with the standards prescribed by the Pharmacy Committee.
Maximum penalty: If the offender is an individual – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
5. Pharmacy and pharmacy department to be under direct supervision of pharmacist
(1) The owner of a pharmacy must ensure that the pharmacy is under the direct supervision of a pharmacist at all times while it is open to the public.
Maximum penalty: If the offender is an individual – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
(2) The owner of pharmacy department must ensure that the pharmacy department is under the direct supervision of a pharmacist at all times while it is open to dispense drugs or medicine.
Maximum penalty: If the offender is an individual – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
6. Restriction on entry to pharmacy or pharmacy department
(1) A person must not enter or remain in a pharmacy unless he or she is a pharmacist or under the direct supervision of a pharmacist.
Maximum penalty: 500 penalty units.
(2) A person must not enter or remain in a pharmacy department unless he or she is a pharmacist or under the direct supervision of a pharmacist.
Maximum penalty: 500 penalty units.
7. Pharmacist-in-charge
(1) An authorised pharmacy business owner must not open the pharmacy business to the public unless the owner has appointed a pharmacist to be the pharmacist-in-charge of the business.
Maximum penalty: If the offender is an individual – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
(2) An authorised pharmacy business owner must notify the Pharmacy Committee of an appointment being made under subclause (1) as soon as practicable after it is made.
Maximum penalty: If the offender is an individual – 20 penalty units.
If the offender is a body corporate – 100 penalty units.
(3) An authorised pharmacy service provider must not open the pharmacy department from which the service is provided unless the owner has appointed a pharmacist to be the pharmacist-in-charge of the department.
Maximum penalty: If the offender is an individual – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
(4) An authorised pharmacy service provider must notify the Pharmacy Committee of an appointment being made under subclause (3) as soon as practicable after it is made.
Maximum penalty: If the offender is an individual – 20 penalty units.
If the offender is a body corporate – 100 penalty units.
(5) A pharmacist-in-charge appointed under this clause is responsible for the conduct of the pharmacy business or pharmacy service undertaken at the pharmacy or pharmacy department for which he or she is appointed.
(6) An appointment cannot be made under this clause if the effect is that a pharmacist would be appointed pharmacist-in-charge of more than one pharmacy or pharmacy department.
8. Pharmacy superintendent
(1) A person who owns more than one pharmacy or pharmacy department must appoint a pharmacist to be the pharmacy superintendent for those pharmacies or pharmacy departments.
Maximum penalty: If the offender is an individual – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
(2) A person who makes an appointment under subclause (1) must notify the Pharmacy Committee of the appointment being made as soon as practicable after it is made.
Maximum penalty: If the offender is an individual – 20 penalty units.
If the offender is a body corporate – 100 penalty units.
(3) A pharmacy superintendent appointed under this clause is responsible for the conduct of the pharmacy businesses or pharmacy services undertaken at the pharmacies or pharmacy departments for which he or she is appointed.
9. Pharmacy key holder
(1) A person must not have in his or her possession the keys to a pharmacy or pharmacy department unless he or she is a pharmacy key holder for the pharmacy or pharmacy department or authorised by the pharmacy key holder.
Maximum penalty: 50 penalty units.
A pharmacy key holder for a pharmacy or pharmacy department is:
(a) the pharmacist-in-charge of the pharmacy or pharmacy department; or
(b) a pharmacist nominated by the pharmacist-in-charge of the pharmacy or pharmacy department as a pharmacy key holder.
In this clause:
keys includes a device, code and any other mechanism to gain access to a locked pharmacy or pharmacy department.
10. Unauthorised use of certain titles
(1) A person must not use the title "pharmacy", "chemist" or "pharmaceutical chemist", or a similar title, either alone or with other words, to describe premises unless those premises are used as a pharmacy.
Maximum penalty: 25 penalty units.
(2) Subclause (1) does not apply to an authorised pharmacy business owner who conducts a remote agency or depot and who advertises the agency or depot at the premises from which the agency or depot operates.
(3) An advertisement referred to in subclause (2) must clearly indicate:
that the premises are only an agency or depot; and
(b) that a full service is not available at the premises or that a pharmacist is not on duty at the premises.
(4) A person must not use the title "pharmacy department" or "pharmacy service", or a similar title, either alone or with other words, to describe premises unless the premises are a pharmacy department.
Maximum penalty: 25 penalty units.
An offence against this clause is a regulatory offence.
11. Unconscionable conduct
A person must not, either directly or indirectly, attempt to influence, coerce or otherwise cause a pharmacist to engage in conduct that contravenes this Act.
Maximum penalty: 400 penalty units.
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