Health Practitioner Regulation National Law (South Australia) Act 2010

In this Part, unless the contrary intention appears—

authorised officer means a person appointed to be an authorised officer under Division

7;

Authority means the Pharmacy Regulation Authority SA constituted under this

Part;

dentist means a person registered under the Health

Practitioner Regulation National Law—

to practise in the dental profession as a dentist (other than as a student); and

in the dentists division of that profession;

director of a body corporate means a member of the board or committee of management of the body corporate, whether validly appointed or not;

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;

friendly society means a company that is a friendly society under the Corporations

Act 2001 of the Commonwealth and that—

provides mutual benefits to its members; and

is a non‑profit organisation; and

has at least 100 members; and

has a constitution that provides that the main object of the company is to carry on the business of pharmacy;

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);

General

Manager means the General Manager of the Authority and includes a person for the time being acting in that position;

medical practitioner means a person registered under the Health

Practitioner Regulation National Law to practise in the medical profession (other than as a student);

Metropolitan

Adelaide has the same meaning as in the Development

Act 1993;

pharmacist means a person registered under the Health

Practitioner Regulation National Law in the pharmacy profession (other than as a student);

pharmacist controlled company means a company within the meaning of the Corporations

Act 2001 of the Commonwealth—

in which—

at least 1 director is a pharmacist; and

every director is either a pharmacist or a prescribed relative of a pharmacist; and

where each holder of shares, or of a beneficial or legal interest in shares, in the company is—

a pharmacist or a prescribed relative of a pharmacist; or

a recognised corporate pharmacy services provider; or

a recognised trustee pharmacy services provider; and

in which a pharmacist is, or pharmacists are, entitled to control the exercise of at least 50% of the voting power—

at meetings of the directors of the company; or

attached to voting shares issued by the company;

pharmacist controlled trust means a trust where each trustee is—

a pharmacist; or

a prescribed relative of a pharmacist as long as at least 1 other trustee is a pharmacist; or

a pharmacist controlled company; or

a person of a prescribed class;

pharmacy, in relation to premises, means premises registered on the register of pharmacies kept under this Part;

pharmacy business means a business consisting of or involving the provision of pharmacy services;

pharmacy depot means premises (other than a pharmacy) at which—

prescriptions for drugs or medicines are left for dispensing by a pharmacist; or

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—

restricted pharmacy services; or

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—

any person who holds a proprietary interest in a pharmacy business; or

any person referred to in section 51(2);

prescribed relative, in relation to a person, means a parent, spouse, domestic partner, child, grandchild, brother or sister of the person;

proprietary interest, in relation to a pharmacy business, means a legal or beneficial interest, and includes an interest as—

a sole proprietor; or

a partner; or

a director, member or shareholder of a company, as defined in the

Corporations

Act 2001 of the Commonwealth; or

a trustee or beneficiary of a trust, and has the meaning affected by subsection (2);

provide, in relation to pharmacy services, means provide services personally or through the instrumentality of another, and includes offer to provide;

related body corporate has the same meaning as in the Corporations

Act 2001 of the Commonwealth;

repealed

Act means the Pharmacy

Practice Act 2007;

restricted pharmacy services means—

dispensing drugs or medicines on the prescription of a medical practitioner, dentist, veterinarian or other person authorised to prescribe the drugs or medicines; or

other services declared by the regulations to be restricted pharmacy services;

spouse—a person is a spouse of another if they are legally married;

unprofessional conduct includes—

improper or unethical conduct in relation to professional practice; and

incompetence or negligence in relation to the provision of pharmacy services; and

a contravention of or failure to comply with—

a provision of this Act or the Health

Practitioner Regulation National Law;

or

a code of conduct prepared or endorsed by the Authority under this

Act; and

conduct that constitutes an offence punishable by imprisonment for 1 year or more under some other Act or law;

veterinarian means a person registered as a veterinarian under the Veterinary

Services Act 2023.

Without limiting the generality of the expression, a person will be taken to hold a proprietary interest in a pharmacy business if—

the person is a party to an arrangement of a kind prescribed by the regulations; or

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

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.

For the purposes of this Part, each of the following is a recognised corporate pharmacy services provider:

a pharmacist controlled company;

a friendly society;

a company that carried on a pharmacy business on 1 August 1942 and has continued to do so since that date other than—

Friendly

Society Medical Association Limited; or

The

Mount Gambier United Friendly Societies Dispensary Limited.

For the purposes of this Part, a recognised trustee pharmacy services provider is any pharmacist controlled trust.

For the purposes of this Part, a person occupies a position of authority in a recognised corporate pharmacy services provider if the person—

is a director of the body corporate; or

exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or

manages, or is to manage, the business of the body corporate insofar as that business consists of the provision of pharmacy services; or

where the body corporate is a proprietary company—is a shareholder in the body corporate.

For the purposes of this Part, a person who holds more than 10% of the issued share capital of a public company will be regarded as a person occupying a position of authority in that company.

For the purposes of this Part, a person occupies a position of authority in a recognised trustee pharmacy services provider if the person is a trustee or beneficiary of the trust.

However—

a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not, for that reason, to be regarded as a person occupying a position of authority;

and

a charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority;

and

a reference in a preceding provision to a beneficiary of a trust is a reference to a beneficiary who receives distributions from the trust.