Pharmacy Act 1976

Queensland PHARMACY ACT 1976 Reprinted as in force on 1 February 2002 (includes amendments up to Act No. 45 of 2001) This is the reprint current on the repeal date Reprint No. 2B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 February 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland PHARMACY ACT 1976 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—ADMINISTRATION 6 Administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Constitution of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Members of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Tenure of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Meetings of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Entitlements of members of board or committees . . . . . . . . . . . . . . . . . . . . . 9 15 Holders of office not affected by restrictive employment provisions . . . . . 9 16 Registrar and other officers employed under Public Service Act . . . . . . . . 9 17 Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17A Board is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 3—REGISTRATION OF PHARMACISTS 18 The register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 19 Qualification for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 20 Registration of additional qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 Certificate of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Annual licence fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 23 Removal of name from register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2 Pharmacy Act 1976 24 Correction of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 28 Notification of board’s determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 29 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 4—OWNERSHIP OF PHARMACY PRACTICES PART 5—MISCELLANEOUS 31 Certain actions implying registration or qualification therefor prohibited . 15 33 Penalty for fraudulent practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 36 General penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 37 Proceedings generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 38 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 39 Statutory declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 40 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 41 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 41A Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 42 Health Act 1937 to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 43 Exemption for wholesale dealer in drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 44 References to pharmaceutical chemists in other Acts . . . . . . . . . . . . . . . . . 21 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 22 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

s1 4 s7 Pharmacy Act 1976 PHARMACY ACT 1976 [as amended by all amendments that commenced on or before 1 February 2002] An Act relating to the qualifications and registration of pharmacists and the regulation of the practice of pharmacy and for related purposes † PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Pharmacy Act 1976 . † PART 2—ADMINISTRATION ˙ Administration of Act 6. This Act shall be administered by the Minister and, subject to the Minister, by the board. ˙ Constitution of board 7.(1) The Pharmacy Board constituted under the Pharmacy Act 1917 and continued as a body corporate under the Medical Act and Other Acts (Administration) Act 1966 is preserved, continued in existence and constituted under this Act under the name the Pharmacy Board of Queensland. (2) The board shall have and may exercise and discharge the powers, authorities, duties and functions conferred and imposed upon it by or under

s8 5 s8 Pharmacy Act 1976 this Act. (3) The board shall continue to be a body corporate with perpetual succession and a common seal and subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it, and of acquiring, holding, alienating and otherwise dealing with property and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. (4) All courts and persons acting judicially shall take judicial notice of the common seal of the board and, until the contrary is proved, shall presume that it was duly affixed to any document on which it appears. ˙ Members of board 8.(1) The board shall consist of 9 members appointed by the Governor in Council. (1A) The members of the board shall consist of— (a) 4 persons nominated by the Minister of whom at least 2 shall be pharmacists; and (b) 3 pharmacists nominated by an association or associations accepted by the Minister as representative of pharmacists; and (c) 1 person representing users of the services of pharmacists; and (d) a barrister or solicitor of the Supreme Court. (2) Nomination pursuant to subsection (1A)(b) shall be made within the time and in the manner prescribed or, where not prescribed, as determined by the Minister, and in default of the association or associations entitled to make such nomination doing so as prescribed or as determined by the Minister, as the case may be, the Governor in Council may appoint any pharmacist to the board as if the pharmacist had been duly nominated by the association or associations entitled to make the nomination. (3) A person may hold office as a member of the board in addition to any position the person holds in the public service.

s 8A 6 Pharmacy Act 1976 s9 ˙ Increase in number of members 8A. If the number of members required to constitute the board is increased, a vacancy is taken to exist in the office of a member or members to the number of the increase and— (a) each vacancy may be filled under section 11; and (b) the Governor in Council may nominate the term of appointment of the person appointed to fill each vacancy. ˙ Chairperson and deputy chairperson of board 9.(1) In every appointment of the whole number of members of the board the Governor in Council shall appoint a member who shall be chairperson of the board. (1A) When a vacancy occurs in the office of chairperson of the board, the Governor in Council may appoint another member of the board to the vacant office. (2) The members of the board shall elect one of their members to be deputy chairperson of the board at their first meeting held after the whole number of members assume office or, where a vacancy occurs in the office of deputy chairperson, after the appointment of a member in the place of the member who was deputy chairperson. (3) The chairperson shall preside at every meeting of the board at which the chairperson attends and in the chairperson’s absence the deputy chairperson shall so preside. (4) Where both the chairperson and deputy chairperson are absent from a meeting, another member of the board chosen for the purpose by the majority of the members present and voting shall preside. (5) The deputy chairperson or other member who presides at a meeting of the board in place of the chairperson has and may exercise all the powers and authorities of the chairperson while he or she so presides. (6) Save where the by-laws disentitle him or her to vote on the matter in issue, the chairperson or other member presiding at a meeting of the board is entitled to a deliberative vote on any matter before the meeting and, in the event of an equal division of votes thereon, is entitled to a second or casting vote.

s 10 7 s 11 Pharmacy Act 1976 ˙ Tenure of office 10.(1) The appointment of a member of the board (other than a member appointed to fill a casual vacancy) is to be for a term of 3 years. (2) Subject to this Act, a member of the board shall be eligible for reappointment if the member is eligible for appointment to the board. (3) The office of a member of the board shall become vacant if the member— (a) dies; or (b) becomes bankrupt or compounds with his or her creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (c) is absent without prior leave granted by the board from 3 consecutive ordinary meetings of the board of which due notice has been given to the member; or (d) resigns by signed notice delivered to the Minister; or (e) is convicted of an indictable offence or an offence against this Act or the Health Act 1937 ; or (f) is removed from office by the Governor in Council by notification published in the gazette on the grounds of mental or physical incapacity to perform duties as a member or because of any conduct which, in the opinion of the Governor in Council, shows the member to be unfit to be a member of the board. (4) Attendance of a member of the board at the time and place appointed for an ordinary meeting of the board shall be deemed to constitute presence at a meeting notwithstanding that by reason that a quorum is not present no meeting is then and there actually held, and the registrar shall enter in the minute book the names of all members who so attend. (5) A resignation as member of the board shall take effect when notice in writing thereof is received by the Minister or on the operative date specified in the notice, whichever is the later. ˙ Casual vacancies 11. Where a vacancy occurs in the office of a member of the board

s 12 8 s 13 Pharmacy Act 1976 during the term of office of the members then constituting the board, the Governor in Council may, in accordance with section 8 appoint another person as a member to hold office for the balance of his or her predecessor’s term of office as a member. ˙ Meetings of board 12.(1) The board shall meet as often as is necessary for the due administration of this Act, at such times and places as it thinks fit, and shall conduct its business in such manner as may be prescribed or, where or to the extent not prescribed, as it determines from time to time. (2) A quorum at any meeting of the board shall be 5 members entitled to vote on the business before the meeting who, at a duly convened meeting, shall be competent to transact any business of the board and may exercise and perform all the powers, authorities, duties and functions of the board. (3) The decision of a majority of the members at a meeting of the board at which a quorum is present shall be the decision of the board. (4) If a member present at a meeting and entitled to vote abstains from voting the member shall be taken to have cast a vote for the negative. (5) A proceeding or decision of the board shall not be invalidated or made ineffectual by reason only that— (a) the whole number of members had not been appointed at the time; or (b) any member was not entitled to take part in the proceeding or decision; or (c) there is a defect in the appointment of any member. ˙ Committees 13.(1) The board may select persons to form an advisory committee or advisory committees to advise the board on any matter within the scope of the board’s functions referred to the committee or to a particular committee by the board. (2) A person may be a member of such a committee whether or not the person is a member of the board.

s 14 9 s 17 Pharmacy Act 1976 ˙ Entitlements of members of board or committees 14. Members of the board and members of a committee formed pursuant to section 13 shall be entitled to such fees and allowances as are approved by the Governor in Council. ˙ Holders of office not affected by restrictive employment provisions 15. A provision to any enactment requiring the holder of an office to devote the whole of his or her time to the duties of the office or prohibiting the holder from engaging in employment outside the duties of the office shall not operate to hinder holding that office and also an appointment as member, chairperson or deputy chairperson of the board or of any advisory committee formed pursuant to section 13, or the acceptance and retention of any allowance or remuneration payable to a member of the board under this Act. ˙ Registrar and other officers employed under Public Service Act 16. The registrar and other officers of the board are to be employed under the Public Service Act 1996 . ˙ Accounts 17.(1) All moneys received by or on behalf of the board shall be paid into and form part of the funds of the board. (2) Expenses of and incidental to the administration of this Act shall be paid by the board from its funds. (2A) Subsection (2) does not affect the liability, prescribed by any other Act, of the board to pay from its funds moneys for or towards the salaries of the registrar and officers and inspectors appointed for the effectual administration of this Act. (3) The board shall enter or cause to be entered in such books, accounts and records required by the auditor-general to be kept for the purpose a true account of all sums of money received and paid under this Act.

s 17A 10 Pharmacy Act 1976 s 19 ˙ Board is statutory body 17A.(1) Under the Statutory Bodies Financial Arrangements Act 1982 , the board is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . † PART 3—REGISTRATION OF PHARMACISTS ˙ The register 18.(1) The board shall cause the registrar to keep, in such form as it thinks fit, a register (the “register of pharmacists” ) of the names and other prescribed particulars of persons who are entitled to be and who remain registered under this Act as pharmacists. (2) The register of pharmaceutical chemists kept under the repealed Acts shall continue and shall be and remain the register of pharmacists for the purposes of this Act. (3) The register shall at all reasonable times be open to inspection at the office of the registrar by any person on payment of the prescribed fee. (4) The registrar shall cause to be published— (a) by 30 June in each year the ‘list of pharmacists, Queensland’ certified by the registrar as correct to 1 May in that year; and (b) from time to time as the registrar thinks desirable a supplementary list indicating all alterations, additions, revisions and removals made in, to and from the register during the period indicated in such supplementary list and certified by the registrar to a date indicated in that list. ˙ Qualification for registration 19.(1) Subject to this section, a person shall be entitled to be registered as a pharmacist if the person applies to the board in the approved form, pays

s 19 11 s 19 Pharmacy Act 1976 the prescribed fee for registration and satisfies the board that the person is of good fame and character, is medically fit to practise pharmacy and that— (a) the person is the holder of 1 of the prescribed qualifications; or (b) the person has passed through a regular course of study in pharmacy in a school or other teaching institution in any country and has received after due examination from a university, college or other body in that country a degree, diploma or certificate which— (i) is approved by the board as equal to or higher than the degree in pharmacy conferred after due examination by a university in Queensland; and (ii) is recognised by the board as qualifying the applicant to practise pharmacy in that country; or (c) the person has— (i) passed through a regular course of study in pharmacy in a school or other teaching institution in any country and has received after due examination from a university, college or other body in that country a degree, diploma or certificate which is recognised by the board as qualifying the applicant to practise pharmacy in that country; and (ii) undergone such additional training as in the board’s opinion is necessary to qualify the person to practise pharmacy in Queensland. (1A) The board may, where it thinks fit, appoint a committee of assessors composed of medical practitioners (whether or not they are members of the board) and may require an applicant for registration to appear before the committee of assessors who shall determine the medical fitness to practise pharmacy of an applicant and the board shall be bound by a certificate issued by the committee of assessors as to the medical fitness to practise pharmacy of the applicant. (2) A person who applies for registration under this Act as having the qualification prescribed by subsection (1)(b) or (c) shall not be registered until the person has produced to the board a certificate issued by the head of the department of pharmacy of a university in Queensland that— (a) the applicant has undergone such written, oral and practical

s 20 12 s 20 Pharmacy Act 1976 examinations as are arranged and approved by the head and conducted in the English language; and (b) the head is satisfied following such examinations that the applicant possesses the knowledge, skill and ability to practise pharmacy efficiently in this State. (2A) If the head is not satisfied as required by subsection (2)(b), the head may recommend to the board that the applicant undergo such further training and experience or training or experience as would, in the head’s opinion enable the applicant to satisfy the head of the applicant’s knowledge, skill and ability and the board may require the applicant to undertake such training and experience, or training or experience and may require the applicant again to undergo some or all of the examinations prescribed in subsection (2)(a). (3) A person shall not be registered under this Act until the person proves to the board’s satisfaction that the person has obtained the prescribed practical experience. (4) For the purposes of subsection (1)(a)— “prescribed qualifications” means those qualifications set out in regulations made for the purposes of that paragraph. (5) The regulations may specify— (a) the university, college, institute or other body granting the qualification; and (b) the place where the university, college, institute or other body is situated; and (c) the qualification recognised. ˙ Registration of additional qualifications 20. A pharmacist who applies to the board for the purpose of this section and who satisfies the board that the pharmacist is the holder of a degree, diploma, status or qualification recognised by the board other than the qualifications in respect of which the pharmacist is registered is entitled, upon payment of the prescribed fee, to have such degree, diploma, status or qualification recorded in the register.

s 21 13 s 23 Pharmacy Act 1976 ˙ Certificate of registration 21.(1) Every pharmacist is entitled to obtain from the registrar a certificate of the pharmacist’s registration in the approved form. (2) On application made to the board at any time and on payment of the prescribed fee, the board may direct the registrar to issue to any pharmacist a duplicate or certified copy of the pharmacist’s certificate of registration. ˙ Annual licence fee 22.(1) Every pharmacist shall pay to the board a prescribed annual licence fee. (2) The annual licence fee shall be paid to the board within the period in each year commencing on 1 January and concluding on 30 April or, where another period is prescribed in respect thereof (the board being hereby thereunto authorised), within that other period in each year as so prescribed. (3) If a pharmacist fails to pay the annual licence fee within the period as provided in subsection (2), the registrar shall thereupon remove the pharmacist’s name from the register. (4) If the name of any person has been removed from the register pursuant to subsection (3) or section 23(1)(a) the board shall, subject to this Act, upon application by that person direct the registrar to restore the person’s name to the register upon payment of the annual licence fee and such restoration fee as may be prescribed. ˙ Removal of name from register 23. The board may instruct the registrar to remove from the register the name of a pharmacist— (a) who applies in writing to have his or her name removed therefrom; (b) whose name has at any time been ordered to be erased absolutely or for a limited period from a register of pharmacists maintained by any other registration authority and whose name at the material time has not been restored to that register.

s 24 14 s 29 Pharmacy Act 1976 ˙ Correction of register 24.(1) The registrar shall from time to time strike from the register the names of all pharmacists who have died and make such alterations and amendments to the register as the board directs so that the register shall be an accurate record of the names, addresses and qualifications of pharmacists. (2) A pharmacist shall notify the board of any change of name, address or other prescribed particulars and furnish particulars of such change within 21 days after the occurrence of the change. ˙ Notification of board’s determination 28. When the board refuses an application of any person to be registered as a pharmacist or refuses an application by any person for the recording in the register under section 20 of a degree, diploma, status or qualification, the registrar shall notify the person whose application is refused, in writing, about the refusal. ˙ Appeals 29.(1) A person or association of persons aggrieved by— (a) a refusal by the board of the person’s application to be registered as a pharmacist; or (c) a refusal by the board of the person’s application for the recording in the register under section 20 of a degree, diploma, status or qualification; may appeal therefrom to a judge of the District Court at Brisbane who shall have jurisdiction to hear and determine the same and whose decision thereon shall be final and be given effect to by the board. (2) An appeal shall be by way of rehearing, and shall be instituted within 30 days after notification of the refusal or order or determination to the person or association of persons aggrieved, and no later, by filing a notice of appeal in the registry of the District Court at Brisbane setting out the grounds of appeal and, subject to this section, by complying with any rules of court made with respect thereto. (3) The appellant shall serve a copy of the notice of appeal on the registrar

s 31 15 s 31 Pharmacy Act 1976 of the board not later than 7 days after the notice is filed in the registry of the District Court. (5) The proceeding on appeal under this section shall be deemed to be a proceeding before a District Court. (6) If the judge hearing an appeal under this section is of the opinion that the appeal involves a question of special knowledge and skill, the judge may appoint 1 or more assessors who in the judge’s opinion possess the special qualifications necessary for the particular case to assist the judge in the judge’s determination. (6A) An assessor shall be paid such fees and expenses as the Governor in Council shall from time to time determine. (6B) An assessor may advise the judge on any matter but all questions of law and fact shall be determined by the judge who shall place such weight (if any) as the judge thinks fit, on that advice. (7) Where upon appeal a District Court orders a penalty to be paid by an appellant, it shall order the penalty to be paid to the board and, for the purposes of its enforcement, the order shall be deemed to be an order made by the board. † PART 4—OWNERSHIP OF PHARMACY PRACTICES † PART 5—MISCELLANEOUS ˙ Certain actions implying registration or qualification therefor prohibited 31. A person who is not a pharmacist shall not— (a) take or use the name or title of pharmacist, pharmaceutical chemist or chemist or any other name, title, designation, addition or description of whatever nature (which may also include initials or letters placed after the person’s name or otherwise), which

s 33 16 s 33 Pharmacy Act 1976 having regard to the circumstances in which it is taken or used indicates or could be understood to indicate that the person is a pharmacist or is practising pharmacy; or (b) in an advertisement howsoever made, represent expressly or by inference that the person or any other person portrayed therein (who is not a pharmacist) is a pharmacist or is qualified to practise pharmacy or that the person or such person is a pharmacist or is qualified to practise pharmacy and is promoting or recommending goods being advertised therein. ˙ Penalty for fraudulent practices 33.(1) A person shall not— (a) procure or attempt to procure himself, herself or any other person to be registered by making or producing, or causing to be made or produced, any false or fraudulent statement, declaration or representation, either verbal or in writing; (b) make or cause to be made any falsification in the register or in any writing relating to the register or any false statement relating to the register; (c) forge, alter or counterfeit any certificate of registration under this Act; (d) utter any forged or altered or counterfeit certificate of registration knowing the same to have been forged or altered or to be counterfeit; (e) make any false statement upon any examination or in any declaration before the board, or utter or attempt to utter or put off as true before the board any false, forged, altered or counterfeit certificate, diploma, letter, testimonial or other title, document or writing; (f) falsely advertise or hold himself or herself out as having obtained a certificate of registration under or as being registered under this Act, or permit any such advertisement or holding out; (g) falsely personate or represent himself or herself as being the person referred to in any certificate or writing presented to the

s 36 17 s 38 Pharmacy Act 1976 board or in any certificate granted under this Act. Maximum penalty—20 penalty units or 6 months imprisonment. (2) The name of any person who procures himself or herself to be registered by any means which contravene this section shall, upon the person being convicted in respect of that contravention, be removed from the register. (3) The provisions of this section are in addition to and not in substitution for or in derogation of the provisions of the Criminal Code or any other Act. ˙ General penalty 36.(1) A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and, save where a specific penalty is otherwise provided, is liable to a penalty of 20 penalty units. (2) All penalties recovered in respect of offences against this Act shall be paid to the board. ˙ Proceedings generally 37.(1) An offence against this Act may be prosecuted in a summary way under the Justices Act 1886 upon the complaint of the registrar, or a person authorised by the board in that behalf. (2) A prosecution for an offence against this Act may be commenced within one year from the time when the matter of complaint arose or within 6 months after the matter of complaint comes to the knowledge of the complainant, whichever is the period later to expire. (3) Without prejudice to any other right or remedy available to the board with respect thereto, all fees payable to the board under this Act and all penalties ordered by the board to be paid to it under this Act may be recovered in a summary way under the Justices Act 1886 or as a debt due and owing to the board by action in any court of competent jurisdiction. ˙ Evidentiary provisions 38. In any proceeding for the purposes of this Act—

s 39 18 s 39 Pharmacy Act 1976 (a) a certificate purporting to be signed by the registrar certifying the state of any part of the register at a date or during a period specified in the certificate or certifying that a person named therein was not at a date or during a period specified therein, a pharmacist shall, upon its production, be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the certificate; (b) every part of the register, and an extract of any part of the register purporting to be certified as correct by the registrar shall, upon its production, be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (c) a certificate purporting to be signed by the registrar, certifying that at a date or during a period specified therein, a person named therein was or was not approved by the board to carry on a practice of pharmacy pursuant to section 35 shall, upon its production, be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the certificate; (d) a statement, in a complaint commencing that proceeding of the date on which the matter of complaint came to the knowledge of the complainant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of its content; (e) proof shall not be required of the authority of any person to prosecute an offence against this Act or to take any proceeding on behalf of the board unless evidence is given to the contrary; (f) proof shall not be required of the appointment of the registrar or of any other officer appointed for the effectual administration of this Act or of the signature of the registrar. ˙ Statutory declarations 39. For the purposes of this Act, the board may— (a) demand and accept a declaration under the Oaths Act 1867 from any person; (b) require an applicant to verify by way of declaration under the

s 40 19 s 40 Pharmacy Act 1976 Oaths Act 1867 (the taking of which being hereby authorised) information furnished to the board in respect of the application for registration. ˙ By-laws 40.(1) The board may make by-laws under this Act. (1A) By-laws may be made for or about the following matters— (a) the powers, duties and functions of the registrar, officers and inspectors appointed for the effectual administration of this Act; (b) the register and the manner of its keeping; (c) the making of applications to the board and the effect of furnishing false particulars therein; (d) the conduct of meetings of the board, the entitlement of members of the board to vote upon business before a meeting, and the conduct of proceedings before the board and of the affairs of the board; (e) the common seal of the board, the authentication of documents of the board, and the attesting of documents by or on behalf of the board; (f) regulating advertising by pharmacists including prescribing and limiting the manner in which and the means by which they may advertise and prescribing ways in which they may not advertise; (g) regulating, controlling and prohibiting canvassing or soliciting work or business by, for or on behalf of pharmacists; (h) the matters in respect of which fees are payable for the purposes of this Act, the amounts of fees, the persons who are liable to pay fees, when fees are payable, the waiver of fees and the recovery of unpaid amounts of fees; (ha) the allowances payable under this Act and the purposes for which they are payable; (i) regulating and controlling the use by pharmacists of titles, letters or words indicating or describing their qualifications, prescribing titles, letters or words that shall or may be used to indicate or

s 41 20 s 41A Pharmacy Act 1976 describe that any person is a pharmacist or to indicate or describe any particular pharmaceutical qualification, prohibiting the use by pharmacists, in relation to their qualifications as pharmacists or the practice by them of pharmacy, of any titles, letters or words other than those prescribed for such use or prohibiting any prescribed titles, letters or words from being so used and, in relation to pharmaceutical qualifications, either generally or except to indicate or describe a particular qualification; (k) penalties of not more than 20 penalty units; (m) all matters relating to the employment of pharmacy graduates and pharmacy undergraduates as a prerequisite to their registration, including the period and training received during the period and the ratio of such pharmacy graduates and pharmacy undergraduates to supervising pharmacists; (n) prescribing the composition and membership of friendly societies by which the establishment of a pharmacy practice may be approved by the board; (o) all matters required or permitted by this Act to be prescribed where the method of prescription is not otherwise provided. (3) A by-law has no effect unless and until approved by the Governor in Council. ˙ Approval of forms 41. The board may approve forms for use under this Act. ˙ Regulation-making power 41A.(1) The Governor in Council may make regulations under this Act. (2) A regulation may, for information purposes only, identify corporations that are friendly societies under section 5, definition “friendly society”, paragraph (a).

s 42 21 s 44 Pharmacy Act 1976 ˙ Health Act 1937 to apply 42. The provisions of this Act are in addition to and not in derogation of the Health Act 1937 the provisions of which Act apply to all pharmacists and persons or association of persons carrying on a pharmacy practice. ˙ Exemption for wholesale dealer in drugs 43. This Act does not apply to a person lawfully carrying on the business of a wholesale dealer in drugs in the ordinary course of selling or supplying drugs for resale. ˙ References to pharmaceutical chemists in other Acts 44. In any Act a reference to a pharmaceutical chemist by whatever means expressed shall be taken to be a reference to a pharmacist.

22 Pharmacy Act 1976 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 February 2002.

23 Pharmacy Act 1976 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted original page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR = = = = = = = = = = = = = = = SL sub unnum = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 Statutory Instruments Regulation 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 58 of 1995 14 December 1995 1A to Act No. 54 of 1996 28 April 1997 1B to Act No. 54 of 1996 25 November 1997 1C to Act No. 41 of 1998 21 December 1998 1D to Act No. 27 of 1999 27 August 1999 1E to Act No. 58 of 1999 7 February 2000 2 to Act No. 58 of 1999 5 May 2000 2A to Act No. 45 of 2001 14 August 2001

24 Pharmacy Act 1976 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed citations and remade laws Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 ´ 6 List of legislation Pharmacy Act 1976 No. 73 date of assent 14 December 1976 commenced 23 December 1976 (proc pubd gaz 25 December 1976 p 1853) rep 1 February 2002 (2001 No. 12 s 218) Note —ss 5, 30, 32, 34–35 are relocated to the Pharmacists Registration Act 2001 into pt 10, div 3 and renumbered as ss 237–241 (2001 No. 12 s 246 sch 3) amending legislation— Pharmacy Act Amendment Act 1978 No. 38 date of assent 8 June 1978 commenced on date of assent Medical Act and Other Acts Amendment Act 1981 No. 76 pt 4 date of assent 22 October 1981 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 17 April 1982 (proc pubd gaz 17 April 1982 p 1729) Nursing Studies Act and Other Acts Amendment Act 1984 No. 74 pt 11 date of assent 18 October 1984 commenced on date of assent Medical and Paramedical (Amendment of Inspectorial and Audit Provisions) Act 1987 No. 10 pt 10 date of assent 15 April 1987 commenced on date of assent Health Legislation Amendment Act 1992 No. 66 pts 1, 12 date of assent 7 December 1992 ss 1–2 commenced on date of assent ss 67–68, 72–73 commenced 18 December 1992 (1992 SL No. 450) remaining provisions commenced 1 February 1993 (1992 SL No. 450)

25 Pharmacy Act 1976 Health Legislation Amendment Act 1993 No. 79 pts 1, 12 date of assent 17 December 1993 ss 1–2 commenced on date of assent remaining provisions commenced 14 March 1994 (1994 SL No. 84) Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1 (as amd 1995 No. 58 ss 1–2, 4 sch 1 (as from 28 November 1995 (see s 2(1) sch 1))) date of assent 28 November 1995 commenced on date of assent Statute Law Revision (No. 2) Act 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Health and Other Legislation Amendment Act 1998 No. 41 ss 1, 2(2), 14(1) sch 1 date of assent 27 November 1998 ss 1–2 commenced on date of assent remaining provisions commenced 21 December 1998 (1998 SL No. 346) Financial Sector Reform (Queensland) Act 1999 No. 27 ss 1–2(1), (4), 76 sch 1 pt 3 date of assent 16 June 1999 ss 1–2, 76 commenced on date of assent remaining provisions commenced 1 July 1999 (see s 2(1) and proc pubd Cwlth of Australia gaz 29 June 1999, No. S283) Health Practitioners (Professional Standards) Act 1999 No. 58 ss 1–2, pt 14 div 11 date of assent 18 November 1999 ss 1–2 commenced on date of assent remaining provisions commenced 7 February 2000 (1999 SL No. 327) Pharmacists Registration Act 2001 No. 12 ss 1–2, 246 sch 3 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2001 SL No. 261) Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285)

26 Pharmacy Act 1976 remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) ´ 7 List of annotations Commencement s 2 om R1 (see RA s 37) Arrangement of Act s 3 amd 1981 No. 76 s 16 om R1 (see RA s 36) Repeals and savings s 4 om 1995 No. 57 s 4 sch 1 Definitions prov hdg sub 1992 No. 66 s 68(1) s 5 amd 2001 No. 12 s 246 sch 3 reloc (as 2001 No. 12 s 237) 2001 No. 12 s 246 sch 3 def “approved form” ins 1995 No. 57 s 4 sch 1 amd 1995 No. 58 s 4 sch 1 om 2001 No. 12 s 246 sch 3 def “association of persons” reloc 2001 No. 12 s 246 sch 3 def “fee” ins 1992 No. 66 s 68(2) om 2001 No. 12 s 246 sch 3 def “Friendly Societies (Queensland) Code” ins 1999 No. 27 s 76 sch 1 pt 3 reloc 2001 No. 12 s 246 sch 3 def “friendly society” ins 1999 No. 27 s 76 sch 1 pt 3 amd 2001 No. 12 s 246 sch 3; 2001 No. 45 s 29 sch 3 reloc 2001 No. 12 s 246 sch 3 def “inspector” om 2001 No. 12 s 246 sch 3 def “Minister” om 1992 No. 66 s 68(3) def “pharmacist” om 2001 No. 12 s 246 sch 3 def “pharmacy” amd 2001 No. 12 s 246 sch 3 reloc 2001 No. 12 s 246 sch 3 def “practice of pharmacy” or “pharmacy practice” amd 2001 No. 12 s 246 sch 3 reloc 2001 No. 12 s 246 sch 3 def “register” om 2001 No. 12 s 246 sch 3 def “registrar” sub 1995 No. 57 s 4 sch 1 om 2001 No. 12 s 246 sch 3 def “the board” om 2001 No. 12 s 246 sch 3 def “the repealed Acts” om 2001 No. 12 s 246 sch 3 def “transfer date” ins 1999 No. 27 s 76 sch 1 pt 3 reloc 2001 No. 12 s 246 sch 3 Members of board s 8 amd 1992 No. 66 s 69; 1993 No. 79 s 88; 1995 No. 57 s 4 sch 1

27 Pharmacy Act 1976 Increase in number of members s 8A ins 1992 No. 66 s 70 Chairperson and deputy chairperson of board s 9 amd 1995 No. 57 s 4 sch 1 Tenure of office s 10 amd 1993 No. 79 s 89; 1995 No. 57 s 4 sch 1 Meetings of board s 12 amd 1992 No. 66 s 71 Entitlements of members of board or committees s 14 sub 1984 No. 74 s 24 amd 1995 No. 57 s 4 sch 1 Registrar and other officers employed under Public Service Act s 16 sub 1996 No. 37 s 147 sch 2 Accounts s 17 amd 1987 No. 10 s 27 Board is statutory body s 17A ins 1996 No. 54 s 9 sch Qualification for registration s 19 amd 1981 No. 76 s 17; 1995 No. 57 s 4 sch 1 Certificate of registration s 21 amd 1995 No. 57 s 4 sch 1 Removal of name from register s 23 amd 1999 No. 58 s 516 Disciplinary action s 25 amd 1995 No. 57 s 4 sch 1; 1995 No. 58 s 4 sch 1 om 1999 No. 58 s 517 Discreditable conduct by associations of persons s 26 om 1999 No. 58 s 517 Code of professional conduct of pharmacists s 27 amd 1995 No. 57 s 4 sch 1 om 1999 No. 58 s 517 Notification of board’s determination s 28 amd 1999 No. 58 s 518 Appeals s 29 amd 1995 No. 57 s 4 sch 1; 1999 No. 58 s 519 Limitations upon ownership of and pecuniary interests in pharmacy practices s 30 amd 1978 No. 38 s 2; 1999 No. 27 s 76 sch 1 pt 3; 2001 No. 12 s 246 sch 3 reloc (as 2001 No. 12 s 238) 2001 No. 12 s 246 sch 3 Practice of pharmacy s 32 amd 1995 No. 58 s 4 sch 1; 1998 No. 41 s 14(1) sch 1; 2001 No. 12 s 246

28 Pharmacy Act 1976 sch 3 reloc (as 2001 No. 12 s 239) 2001 No. 12 s 246 sch 3 Penalty for fraudulent practices s 33 amd 1995 No. 57 s 4 sch 1 Continuation of practice of deceased registrant prov hdg amd 2001 No. 12 s 246 sch 3 s 34 amd 2001 No. 12 s 246 sch 3 reloc (as 2001 No. 12 s 240) 2001 No. 12 s 246 sch 3 Continuation of practices of certain registrants whose names removed from the register prov hdg amd 2001 No. 12 s 246 sch 3 s 35 amd 2001 No. 12 s 246 sch 3 reloc (as 2001 No. 12 s 241) 2001 No. 12 s 246 sch 3 have been General penalty s 36 amd 1995 No. 57 s 4 sch 1 Statutory declarations s 39 amd 1995 No. 57 s 4 sch 1 By-laws s 40 amd 1992 No. 66 s 72; 1995 No. 57 s 4 sch 1; 1999 No. 27 s 76 sch 1 pt 3; 1999 No. 58 s 520 Approval of forms s 41 sub 1995 No. 57 s 4 sch 1 Regulation-making power s 41A ins 1981 No. 76 s 18 sub 1995 No. 57 s 4 sch 1 amd 1999 No. 27 s 76 sch 1 pt 3 Approved forms s 41B ins 1995 No. 57 s 4 sch 1 (as amd by 1995 No. 58 s 4 sch 1) exp 28 May 1996 (see s 41B(3)) Power of board to make by-laws about fees s 45 ins 1992 No. 66 s 73 om 1995 No. 57 s 4 sch 1 SCHEDULE 1 om R1 (see RA s 40) SCHEDULE 2 om 1981 No. 76 s 19

29 Pharmacy Act 1976 ´ 8 List of forms Form P 06 Version November 1998—Application for Registration as a Pharmacist in Queensland pubd gaz 28 May 1999 p 395 Form P 06m Version November 1998—Application for Registration under Mutual Recognition as a Pharmacist in Queensland pubd gaz 28 May 1999 p 395 Form P 06MNZ Version March 1999—Application for Registration under Trans-Tasman Mutual Recognition as a Pharmacist in Queensland pubd gaz 28 May 1999 p 395 Form P 06q Version November 1998—Application for Registration as a Pharmacist in Queensland—Initial Graduate Registration pubd gaz 28 May 1999 p 395 © State of Queensland 2002