QueenslandPharmacy Act
1976PHARMACYBY-LAW1985Reprinted as in force on 14 December
2001(includes amendments up to SL No. 232 of
2001)Reprint No. 2BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
by-law is reprinted as at 14 December 2001.The reprint shows
the law as amendedby 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 listof legislation and list of annotations in
endnotes.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have beenmade to use
aspects of format and printing style consistent with current
drafting practice(s 35).This page is
specific to this reprint.See previous reprints for information
about earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s13s6Pharmacy By-Law 1985PHARMACY BY-LAW
1985[as amended by all amendments that commenced
on or before 14 December 2001]PART
1—PRELIMINARY1Short titleThis by-law may
be cited as thePharmacy By-law 1985.2FeesThe fees payable
for the purposes of the Act are set out in the schedule.4AWaiver of fees(1)Ifapersonisregisteredasapharmacistandthefirstperiodofregistrationistostartonorafter1Decemberinanyyear,theannuallicence fee
payable for the following year is waived.(2)Ifapharmacistappliestotheboardwithintheperiodstartingon1 Januaryandendingon30Aprilinanyyearforwaiveroftheannuallicence fee, and
satisfies the board that he or she has attained the age of70
years, the annual licence fee payable for that year is
waived.PART 2—ADMINISTRATION6Meetings of board(1)The
registrar shall give notice in writing to each member of the
boardnot less than 3 days before an ordinary
meeting setting forth the place, dateand time of the
meeting and the business thereof.(2)If
at the expiration of half an hour after the time appointed for
anymeeting a quorum is not present, the
chairperson or registrar shall postpone
s64s6Pharmacy By-Law 1985the meeting and
shall name a time and a day not being more than 2 weeksfrom
the time and day of the meeting so postponed as shall seem to
thechairperson or registrar most
suitable.(3)The order of business at an ordinary
meeting of the board shall be asfollows—(a)readingoftheminutesofthelastmeetingandunconfirmedminutes of
special meetings;(b)confirmation or otherwise of such
minutes;(c)business arising out of such
minutes;(d)outwardcorrespondenceandconsiderationofinwardcorrespondence;(e)finance—(i)financial statement; and(ii)productionofstatementsforaccountskeptbytheboardwith
a financial institution; and(iii)accounts for payment; and(iv)other matters of
finance;(f)restorations;(g)registrations;(h)additional qualifications;(i)motionsofwhichnoticehasbeengiveninwritingtotheregistrar;(j)general business.(4)A
resolution passed or any act, matter or thing done or authorised
byor at any meeting shall not be rescinded,
amended, cancelled or revoked atasubsequentmeetingunlesspriornoticeoftheintendedrescission,amendment,cancellationorrevocationhasbeengiveninthenoticeconvening the meeting.(5)At
the direction of the chairperson of the board or on the
requisitionin writing by 3 members of the board the
registrar shall convene a specialmeeting of the
board of which 3 clear days notice shall be given.(6)Ataspecialmeetingonlythebusinessstatedinthedirectionorrequisition shall be
transacted.
s75s8Pharmacy By-Law 19857The
registrar(1)Theregistrarshallactassecretarytotheboard,andshallbringbeforetheboardallmattersandthingsnecessarytoensurethattherequirements of thePharmacy Act
1976are complied with.(2)The
registrar shall write up the minutes of all meetings of the
board;conduct all correspondence; keep a correct
record in the proper books of allaccounts,receipts,payments,vouchers,reports,documents,papers,correspondence and proceedings connected with
the business of the board;generally carry out all the clerical
functions and duties of the board; andsuperintend all
business and affairs under the board’s direction.(3)Theregistrarshallconsultthechairpersonor,inthechairperson’sabsence,thedeputychairpersonor,inthedeputychairperson’sabsenceothermembersoftheboardonanybusinessrequiringurgentattentionbetween the
various meetings.(4)The registrar shall be responsible for
the safe keeping of all receipts,papers, cheques,
cheque-books, books, documents and property belongingto
the board which shall be under the registrar’s control, but which
shall beavailable to the board or any member
thereof.8Board’s funds(1)An
amount payable to the board must be given to the registrar.(2)The registrar must—(a)deposit the amount in an account kept
by the board in accordancewiththeStatutoryBodiesFinancialArrangementsAct1982,section 31;1and(b)foreachboardmeeting,prepareastatementofallamountsreceived, and
payments made, by the board during the statementperiod.(3)A
payment may be made from the account only—(a)byachequesignedbytheregistrarandaboardmemberauthorised by the board to sign cheques;
or(b)in another way authorised by the
board.1Statutory Bodies Financial
Arrangements Act 1982, section 31 (General bankingpowers for day-to-day
operations)
s
8A6Pharmacy By-Law 1985s
10(4)In this section—“statementperiod”,forastatementforaboardmeeting,meanstheperiod—(a)starting on the first day of the month in
which the previous boardmeeting was held; and(b)endingonthelastdayofthemonthimmediatelybeforethemonth in which the meeting is to be
held.8AHonorary treasurer(1)Theboardmayappoint1ofitsmembersastheboard’shonorarytreasurer.(2)If an honorary treasurer is appointed,
the treasurer must—(a)ateachboardmeeting,presentthestatementpreparedbytheregistrar under
section 8(2)(b); and(b)ensureanypaymentmadefromtheboard’saccountisinaccordance with
section 8(3).9Common seal(1)The
common seal of the board in the name of the Pharmacy Board
ofQueensland shall be in such design as the
board may determine.(2)Thesealshallremaininthecustodyoftheregistrarandshallbeaffixed under the registrar’s signature to
certificates of registration and tosuch other
documents as the board may direct.PART
3—REGISTRATION10The register(1)Theregistershallcontainthefollowingparticularsofeachpharmacist
recorded therein—(a)registration number;(b)full name;
s
117s 12Pharmacy By-Law
1985(c)address of place of practice or home
address;(d)date of registration;(e)initial qualifications;(f)additional qualifications.(2)The register shall be kept in
alphabetical order of the names of thepersons
registered.11Records to be retained by
registrarWherethenameofapharmacisthasbeenremovedfromtheregisterpursuanttothe Act,theregistrarshallretainarecordoftheprescribedparticulars
previously entered in the register relating to such
pharmacist.12RegistrationAn applicant for
registration as a pharmacist shall with such applicationfurnish to the board—(a)where qualifications have been obtained in
Queensland—(i)the prescribed registration fee;
and(ii)documentaryevidenceofthedegree,diploma,orotherqualification by
virtue of which the applicant claims to beregistered;
and(iii)certificates in
the approved forms; and(iv)suchfurtherparticularsastheboardmaydeemnecessaryfor
proper consideration of the application; or(b)where qualifications have been obtained
outside Queensland at auniversity, college, institute or body
prescribed in thePharmacy(QualificationforRegistration)Regulation1982,section2,schedule—(i)the
prescribed registration fee;(ii)either of the following documents—(A)certificationthatapplicationhasbeenmadetotheregistrationauthoritywherethetrainingwasundertaken for a certificate of identity to
be forwardeddirectly to the board;
s
138s 13Pharmacy By-Law
1985(B)documentaryevidenceofthedegree,diploma,certificate or
other qualification by virtue of which theapplicantclaimstoberegisteredandacertificateofgoodstandingissuedbyaregistrationauthorityinaStateorcountryreferredtointhePharmacy(QualificationforRegistration)Regulation1982,section 2, schedule;(iii)suchfurtherparticularsastheboardmaydeemnecessaryfor
proper consideration of the application; or(c)wherequalificationshavebeenobtainedfromauniversity,college,
institute or body other than prescribed in thePharmacy(QualificationforRegistration)Regulation1982,section2,schedule—(i)the
prescribed registration fee;(ii)documentary evidence of the degree, diploma,
certificate orother qualification by virtue of which the
applicant claims tobe registered; and(iii)2characterreferencesinsupportofgoodfameandcharacter; and(iv)acompletetranscriptoftrainingissuedbytheuniversity,college,instituteorbodyatwhichthetrainingwasundertaken; and(v)certificates in the approved forms as may be
required by theboard; and(vi)suchfurtherparticularsastheboardmaydeemnecessaryfor
proper consideration of the application.13Additional qualificationsAnapplicationbyapharmacisttotheboardforanadditionalqualification to
be registered shall be in writing, signed by the pharmacist,and
accompanied by—(a)certified documentary evidence that the
pharmacist is the holderof the additional qualification;
and(b)the prescribed registration
fee.
s
149s 14Pharmacy By-Law
198514Practical experience(1)In relation to an applicant for
registration under the Act who for thepurposeofsection19(1)oftheActreliesuponholdingadegreeinpharmacyconferredbytheUniversityofQueensland,thepracticalexperience
prescribed pursuant to section 19(3) of the Act shall consist
ofeither—(a)subject to subsection (2),
experience—(i)inQueenslandforaperiodtotalling48weeksfull-timeemploymentunderthesupervisionofapharmacistuponsuchconditionsaswillgivetheapplicantexperienceandtraining in the practice of pharmacy;
or(ii)in1ormoreStateorTerritoryof
AustraliaotherthaninQueenslandforaperiodtotalling48weeksfull-timeemployment under the supervision of a person
in that Stateor Territory who is by the laws of that
State or Territory oflikecharactertothe Actauthorisedtopractisepharmacyupon
such conditions as will give the applicant experienceand
training in the practice of pharmacy; or(iii)foraperiodtotalling48weeksfull-timeemploymentcomprised of
service under the supervision of—(A)inrelationtoservicewithinQueensland—apharmacist;
or(B)inrelationtoserviceotherthaninQueensland—aperson in that
State or Territory who is by the laws ofthatStateorTerritoryoflikecharactertotheActauthorised to practise pharmacy, upon such
conditionsas will give the applicant experience and
training in thepractice of pharmacy; or(b)completion to the satisfaction of the board
of such other courseof study or training as the board may
from time to time prescribe.(1A)Theboardmayinitsdiscretionreducetheperiodoftrainingprescribed by
subsection (1) by a period not exceeding 24 weeks where it
issatisfiedthattheapplicantinquestion,afterobtainingadegreeinpharmacy from the University of Queensland,
has—(a)servedasamemberoftheteachingstaffofthePharmacyDepartmentoftheUniversityofQueenslandinacapacityapproved by the
board for a period of at least 1 year; and
s
1410s 14Pharmacy By-Law
1985(b)successfullycompletedpostgraduatestudyasapprovedbytheboard for which prior approval has
been granted by the board.(2)Thereshallbeexcludedfromthecomputationoftheperiodofservice by an applicant for the purposes of
subsection (1)(a) any period,including
recreation leave and sick leave, other than public holidays.(3)Without the consent of the board
(which consent may be given at anytime)theperiodofservicereferredtoinsubsection(1)(a)shallbecompleted within 3 years of the date of
conferment of the degree by theUniversity of
Queensland.(4)Shouldtheperiodof48weeksspecifiedinsubsection(1)(a)bebrokennoperiodshallbeshorterthan4consecutiveweeksfull-timeemployment,and1periodshallbeofatleast24weeksfull-timeemployment at the one training
pharmacy.(5)Duringanyperiodoftraining,theratioofgraduatesatatrainingpharmacy shall
not exceed 1 graduate per pharmacist.(6)An
applicant seeking to satisfy the board of his or her completion
ofthe prescribed practical experience
shall—(a)iftheapplicantisrelyinguponcompletionoftheperiodofservicereferredtoinsubsection(1)(a),supplytotheboardcertificates in
the approved forms;(b)if the applicant is the holder of a
qualification from a university,college,
institute or body other than the University of Queenslandand
is relying upon completion of such training or experience asmay
be required under the provisions of section 19(2) of the
Act,supply to the board certificates in the
approved forms;(c)in every case provide the board with
such further information andmaterial as the
board may require.(7)Notwithstanding anything to the
contrary herein contained the boardmay, at its
discretion, exempt any person from compliance with this or
thepreceding section either wholly or partly or
subject to such conditions asthe board thinks
proper.
s
1511s 15Pharmacy By-Law
1985PART 4—PRACTICE15Advertisement and display(1)A pharmacist shall not advertise in
any manner which would tend toconveytothepublicthatonepharmacistorpharmacyissuperiorinaprofessionalsensetoanyotherorcreateaninvidiouscomparisonwithanother pharmacist or pharmacy.(2)Advertisingofprofessionalservicesshallberestrictedtotheproprietor’s or manager’s name, the
name of the pharmacy, the academicqualificationsofthepharmacist,thedesignationofthepharmacist’smembershipofprofessionalinstitutes,theaddressofthepharmacy,thedays
and hours of service, telephone numbers and a factual statement
ofprofessional services offered which shall
make no reference to charges orquality of
services.(2A)Advertisingofprofessionalservicesinconjunctionwithadvertising of a commercial nature is
prohibited.(3)Pharmacistsshallnotadvertiseinamannerwhichisindecent,misleading,inappropriate,harmfulorprofessionallyunacceptableandshallensurethattheirservantsoragentsdonotadvertiseinanysuchmanner.(4)Thenameoftheproprietor,managerornomineeinthecaseofapartnership, shall be shown in any
advertisement in respect of a pharmacypractice.(5)Hours of service shall be stated
factually and in a prominent placeclearly visible
to the public at the entrance to the pharmacy premises.(6)Whereapharmacistinadvertisingthepharmacist’spracticeusessuch words as
‘night pharmacy’, ‘after hours pharmacy’, or other words ofa
similar meaning, the advertisement shall include the actual hours
that thepharmacy is open for business.(7)A pharmacist shall not advertise in
any manner in which the use ofthe name of
another person or association of persons might be construed
bythe public to infer that such other person or
association of persons has apecuniary
interest, control or direction in the conduct of such
pharmacyunless such is the case.(8)Every advertisement published by or in the
name of a person, firm orincorporated company which in any
manner implies or suggests that suchadvertisement is
justified by or based on the practice of a pharmacist
shall
s
1613s 17APharmacy By-Law
198516Direction to complyIf
the board is of the opinion that—(a)any
pharmacist is advertising himself or herself as qualified topractise pharmacy; or(b)anypharmacistisadvertisingpremiseswhereapracticeofpharmacy is conducted;in any manner or
by any method contrary to any provision of this by-law,theboardmaygivethepharmacistconcerneddirectionsinwritingtoremove,alter,amendordiscontinuetheadvertisementinquestionandspecify a time within which the pharmacist
shall comply.PART 5—MISCELLANEOUS17Notice of exercise of powers under security
documentWhereabillofsale,billofmortgage,billofencumbranceorotherdocument for the
securing of monies advanced, in respect of a pharmacypractice or land on which the practice of
pharmacy is conducted is given byapharmacist,andthegrantee,mortgageeorencumbrancee(asthecasemay be) pursuant
to the relevant security document exercises, causes to beexercised, or gives notice of and intention
to exercise any of the powers,rightsorremediestowhichitisentitledundertherelevantsecuritydocument, the pharmacist shall notify the
board forthwith of such exercise,action or
notice.17A When annual licence fee must be
paid(1)A person who is already registered as
a pharmacist at the beginningof a year, or
becomes registered in January of a year, must pay the annuallicence fee for the year on or before 31
January in the year.(2)A person who is not registered as a
pharmacist in January of a year,but applies to be
registered in the year, must pay the annual licence fee forthe
year with the registration fee.
s
1814s 18Pharmacy By-Law
198518Offences(1)A
pharmacist who—(a)contravenes or fails to comply with
any provision of this by-law;(b)advertisesorcausesorpermitstobeadvertised,directlyorindirectly, any practice of pharmacy
with which the pharmacist isassociated
contrary to any provision of this by-law;(c)fails to comply with any directions given by
the board pursuantto section 16;commits an
offence against this by-law.(2)A
person who commits an offence against this by-law is liable to
amaximum penalty of 4 penalty
units.
17Pharmacy By-law 19854Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.11A1B1C22AAmendments includedto SL No. 406 of
1996to SL No. 367 of 1997to SL No. 95 of
1998to SL No. 264 of 1999to SL No. 264 of
1999to SL No. 306 of 2000Reprint
date3 February 199725 November
199724 July 199810 November
19992 May 200015 December
20005Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableCorrected minor errorsRenumbered
provisionsReprint No.116List of
legislationPharmacy By-law 1985 (prev Pharmacy By-laws
1985)made by the Pharmacy Board of Queensland on
13 March 1986pubd gaz 15 March 1986 pp 1072–85commenced on date of publicationexp
30 June 2002 (see SIA s 56A(2) and SIR s 13 sch 13)as
amended by—by-law published gazette (pre SL
series)—17 December 1988 p 2148commenced on date
of publicationPharmacy Amendment By-law 1992 SL No.
10pubd gaz 1 February 1992 pp 442–5commenced on date of publicationPharmacy Amendment By-law (No. 1) 1992 SL No.
161pubd gaz 19 June 1992 pp 1429–30commenced on date of publicationPharmacy Amendment By-law (No. 1) 1993 SL No.
502notfd gaz 17 December 1993 pp
1812–21
18Pharmacy By-law 1985ss
1–2 commenced on date of notificationremaining
provisions commenced 1 January 1994 (see s 2)Pharmacy Amendment
By-law (No. 1) 1995 SL No. 346notfd gaz 8
December 1995 pp 1449–53ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
1996 (see s 2)Pharmacy Amendment By-law (No. 1) 1996 SL No.
406notfd gaz 20 December 1996 pp 1588–98commenced on date of notificationPharmacy Amendment By-law (No. 1) 1997 SL No.
325notfd gaz 3 October 1997 pp 481–2commenced on date of notificationPharmacy Amendment By-law (No. 2) 1997 SL No.
367notfd gaz 31 October 1997 pp 882–4commenced on date of notificationPharmacy Amendment By-law (No. 1) 1998 SL No.
95notfd gaz 1 May 1998 pp 84–6commenced on date of notificationPharmacy Amendment By-law (No. 1) 1999 SL No.
264notfd gaz 5 November 1999 pp 918–21commenced on date of notificationPharmacy Amendment By-law (No. 1) 2000 SL No.
306notfd gaz 1 December 2000 pp 1289–90commenced on date of notificationPharmacy Amendment By-law (No. 1) 2001 SL No.
232notfd gaz 30 November 2001 pp 1179–82commenced on date of notification7List of annotationsNote—A provision of the Pharmacy By-law
1985 that was called a by-law or clausebefore the
commencement of the Pharmacy Amendment By-law 1992 may becalled a section or subsection and a
reference to a by-law or clause of the by-lawdesignated by a
number is a reference to a section or subsection of the
by-lawdesignated by that number (see 1992 SL No.
10 s 3).Short titles 1sub
1992 SL No. 10 s 4Feess 2sub 1993 SL No.
502 s 4Repeal of Existing By-lawss
3om 1993 SL No. 502 s 4
19Pharmacy By-law 1985Fees
and allowancess 4amd 1992 SL No. 10 s 5om
1993 SL No. 502 s 4Waiver of feess 4Ains
1992 SL No. 10 s 6amd 1998 SL No. 95 s 3Formss5amd 1992 SL No. 10 s 7sub
1993 SL No. 502 s 5om 1995 SL No. 346 s 4Meetings of
boards 6amd 1997 SL No. 325 s 3Board’s fundss 8sub
1997 SL No. 325 s 4Honorary treasurers 8Ains
1997 SL No. 325 s 4Registrations 12amd
1995 SL No. 346 s 5Practical experiences 14amd
1992 SL No. 10 s 8; 1995 SL No. 346 s 6Advertisement and
displays 15amd 1992 SL No. 161 s 3; 1995 SL No.
346 s 7Direction to complys 16 prov
hdgins 1995 SL No. 346 s 8Notice of exercise
of powers under security documents 17 prov
hdgins 1995 SL No. 346 s 9When annual
licence fee must be paids 17Ains 1996 SL No.
406 s 3Offencess 18amd
1995 SL No. 346 s 10SCHEDULE—FEESsub by-law pubd
gaz 17 December 1988 p 2148; 1992 SL No. 10 s 9; 1993 SL No.502 s
6amd 1995 SL No. 346 s 11; 1996 SL No. 406 s
4; 1997 SL No. 367 s 3; 1999 SL No.264 s 3; 2000 SL
No. 306 s 3; 2001 SL No. 232 s 3