2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)
Pharmacy Amendment Bill 2004 (No 2)

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Interpretation for Act
Section 2 (1), new definitions of friendly society and friendly society pharmacist	2
	5	Section 2 (1), definition of incorporated pharmacist	2
	6	Section 9A heading	2
	7	Section 9A (1)	3
	8	New section 9B	3
	9	Refusal of registration in case of conviction
New section 14 (4)	3
	10	Refusal of registration if applicant deregistered outside ACT 
New section 15 (4)	4
	11	Applicants to be competent and of good character
New section 16 (3)	4
	12	Entitlement to re-registration on payment of fees
Section 30 (3) (b)	4
	13	Change of address to be notified
Section 32 (c)	4
	14	Alteration of register
Section 33 (1) (b) and (c)	4
	15	Cancellation or suspension of registration
Section 35 (f)	5
	16	Section 35 (m) and (n)	5
	17	Power of board to caution, reprimand etc
Section 38 (1) (c)	5
	18	Section 38 (1) (g)	6
	19	New section 48AB	6

2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)
Pharmacy Amendment Bill 2004 (No 2)

A Bill for
An Act to amend the Pharmacy Act 1931

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Pharmacy Amendment Act 2004 (No 2).
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Pharmacy Act 1931.
4	Interpretation for Act
Section 2 (1), new definitions of friendly society and friendly society pharmacist
insert
friendly society means a company that is a friendly society under the Corporations Act.
friendly society pharmacist means a friendly society registered as a pharmacist under this Act.
5	Section 2 (1), definition of incorporated pharmacist
substitute
incorporated pharmacist means a company, other than a friendly society, registered as a pharmacist under this Act.
6	Section 9A heading
substitute
9A	Eligibility of non-friendly society company for registration
7	Section 9A (1)
after
A company
insert
that is not a friendly society
8	New section 9B
insert
9B	Eligibility of friendly society company for registration
A company that is a friendly society is eligible for registration as a pharmacist if—
	(a)	it provides mutual benefits to its members; and
	(b)	it is a non-profit organisation; and
	(c)	it has a constitution; and
	(d)	the constitution provides that the main object of the company is to carry on the business of pharmacist and any other business commonly associated with the practice of pharmacy.
9	Refusal of registration in case of conviction
New section 14 (4)
insert
	(4)	This section does not apply if the applicant is a friendly society.
10	Refusal of registration if applicant deregistered outside ACT 
New section 15 (4)
insert
	(4)	This section does not apply if the applicant is a friendly society.
11	Applicants to be competent and of good character
New section 16 (3)
insert
	(3)	This section does not apply to a friendly society.
12	Entitlement to re-registration on payment of fees
Section 30 (3) (b)
substitute
	(b)	if the person is an incorporated pharmacist—a director or employee member of the person is not competent to practise pharmacy or is not of good character.
13	Change of address to be notified
Section 32 (c)
substitute
	(c)	a friendly society pharmacist or incorporated pharmacist establishes a registered office in the ACT;
14	Alteration of register
Section 33 (1) (b) and (c)
substitute
	(b)	a friendly society pharmacist or incorporated pharmacist that has been wound up or deregistered as a company; or
	(c)	a friendly society pharmacist that has ceased to be a friendly society; or
	(d)	a registered pharmacist whose registration has been cancelled.
15	Cancellation or suspension of registration
Section 35 (f)
substitute
	(f)	the person or, if the person is an incorporated pharmacist, a director or employee member of the person, has been convicted in the ACT or elsewhere of an offence punishable by imprisonment for longer than 1 year or any offence that, in the board’s opinion, makes the person unfit to practise as a pharmacist; or
16	Section 35 (m) and (n)
substitute
	(m)	if the person is an incorporated pharmacist—a director or employee member of the person is not competent to practise pharmacy; or
	(n)	if the person is a friendly society pharmacist—the person ceases to be a friendly society; or
	(o)	if the person is a friendly society pharmacist or incorporated pharmacist—the person is placed into liquidation.
17	Power of board to caution, reprimand etc
Section 38 (1) (c)
substitute
	(c)	if the pharmacist is an incorporated pharmacist—order a director or employee member of the pharmacist to seek and undergo medical or psychiatric treatment or counselling;
18	Section 38 (1) (g)
substitute
	(g)	if the pharmacist is an incorporated pharmacist—order a director or employee member of the pharmacist to complete a stated educational course.
19	New section 48AB
insert
48AB	Business of friendly society pharmacists
The business of a friendly society pharmacist must be carried on under the actual personal supervision of a registered pharmacist who is an individual and is employed or engaged by the friendly society pharmacist.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2004.
2	Notification
	Notified under the Legislation Act on	2004.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004