Australian Capital Territory
Explanatory Statement
Health Professions Boards (Procedures) Pharmacy Board Appointment 2005 (No 1)
Disallowable instrument DI2005—12
made under the
Health Professions Boards (Procedures) Act 1981, section 5 (Appointment of Members)

The Board is established under Section 5 of the Pharmacy Act 1931 and comprises the Chair and six other members, three of whom are to be appointed by the Minister in accordance with the Health Professions Boards (Procedures) Act 1981.  Three other members are to be elected in accordance with the Health Professions Boards (Elections) Act 1980.

The Act provides for the registration of pharmacists, to control the practice of pharmacy, and for related purposes.  Appointments of two members of the Pharmacy Board expired on 13 November 2004.  All registered pharmacists in the ACT were invited to nominate for the two positions.

A person is not eligible for appointment as a member unless the person is a registered pharmacist in the ACT.  The person also needs to have been, at all times during the immediately preceding 3 years, under the law of State or Territory, registered to practise in that State or Territory.  

Consultation with the Standing Committee for Health and Disability has taken place in accordance with the Legislation Act 2001.  This instrument makes appointments to which the Legislation Act 2001, division 19.3.3 applies.  Accordingly, the instrument is a disallowable instrument (see Legislation Act 2001, s 229).

Mr Kelly is employed by the Australian Association of Consultant Pharmacy.  Dr Cooper is an academic member of the Division of Health, Design and Science at the University of Canberra.