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Pharmacy Act 1956 (NI)

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Act No. 2, 1956
Act Applied Law as amended, incorporating amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 19 Jul 2016
Start Date 01 Jul 2016

NORFOLK                           ISLAND

 

Pharmacy Act 1956

No. 2, 1956

Compilation No. 1

Compilation date:                              1 July 2016

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

 

 

 

 

 

 


 

 

NORFOLK                            ISLAND

 

PHARMACY ACT 1956

 

TABLE OF PROVISIONS

PART 1  —  PRELIMINARY

         1.      Short title

         2.      Commencement

         3.      Interaction with requirements under National Law

         4.      Definitions

 

PART 3  —  CONDUCT OF BUSINESS

       12.      Name to be exhibited

       13.      Conduct of business by registered pharmaceutical chemist

       14.      Prescriptions

PART 4  —  OFFENCES

       15.      Carrying on business of a pharmaceutical chemist prohibited

       16.      Carrying on business of a deceased person

       17.      Sale of patent medicines, etc

       18.      Supply of certain articles restricted

       19.      Certain advertisements prohibited

PART 5  —  MISCELLANEOUS

       20.      Power to make Regulations


 

NORFOLK                           ISLAND

 

 

Pharmacy Act 1956

 

An Act to provide for the registration of pharmaceutical chemists, to control

the business of pharmacy, and for other purposes.

 

PART 1  —  PRELIMINARY

Short title

      1.         This Act may be cited as the Pharmacy Act 1956.

Commencement

      2.         This Act shall commence on a date to be fixed by the Minister by notice posted on or near the Court House, Norfolk Island.

Interaction with requirements under National Law

      3.         If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.

Definitions

      4.         In this Act:

“medical practitioner” means a medical practitioner within the meaning of a National Law.

“National Law” has the same meaning as in the Health Practitioners Act 1983.

“registered pharmaceutical chemist” means a person registered under a National Law in the pharmacy health profession (other than as a student).


 

PART 3  —  CONDUCT OF BUSINESS

Name to be exhibited

      12.       A registered pharmaceutical chemist who carries on, or controls the carrying on of, the business of a pharmaceutical chemist at a place of business shall cause his name to be exhibited in a legible form and in a conspicuous place on the front of that place of business.

Penalty:           10 penalty units.

Conduct of business by registered pharmaceutical chemist

      13.       (1)        A registered pharmaceutical chemist shall not —

(a)        carry on the business of a pharmaceutical chemist at a place of business unless the carrying on of the business at that place is controlled at all times by a registered pharmaceutical chemist at that place;

(b)        carry on the business of a pharmaceutical chemist except under his own name;

(c)        adopt the title of consulting chemist;

(d)       at a place where he carries on, or controls the carrying on of, the business of a pharmaceutical chemist, permit any person, other than a registered pharmaceutical chemist or other than a bona fide assistant or apprentice in the course of his employment and under the personal supervision of a registered pharmaceutical chemist, to supply a medicine or drug or to compound or dispense a prescription;

(e)        at a place where he carries on, or controls the carrying on of, the business of a pharmaceutical chemist, give medical or surgical advice or aid unless —

(i)         under the specific instructions of a medical practitioner; or

(ii)        for the purpose of saving life, or preventing serious injury in an emergency or treating a simple ailment of common occurrence;

(f)        use or supply a medicine or drug that is not of the standard of quality or composition prescribed for that medicine or drug; or

(g)        prepare or compound a medicine or drug by a method other than the method prescribed for preparing or compounding that medicine or drug.

Penalty:           20 penalty units.

                  (2)        Where a standard of quality or composition for a medicine or drug or a method of preparing or compounding a medicine or drug is laid down in the British Pharmacopoeia, that standard shall be the prescribed standard for that medicine or drug for the purposes of paragraph 13(1)(f) and that method shall be the prescribed method for that medicine or drug for the purposes of paragraph 13(1)(g).

                  (3)        Where a standard of quality or composition, or a method of preparing or compounding, in respect of a medicine or drug is not laid down in the British Pharmacopoeia, the prescribed standard for the purposes of paragraph 13(1)(f) or the prescribed method for the purposes of paragraph 13(1)(g), as the case may be, in respect of that medicine or drug, shall be the standard or method prescribed in the regulations in respect of that medicine or drug.

                  (4)        For the purposes of subsection 13(3), the regulations may prescribe a standard or a method in respect of a medicine or drug by reference to a standard or a method in respect of that medicine or drug laid down in the British Pharmaceutical Codex or the Australian Pharmaceutical Formulary.

                  (5)        In this section —

“the Australian Pharmaceutical Formulary” means —

(a)        the latest edition for the time being of the book called the Australian Pharmaceutical Formulary, published by the Pharmaceutical Society of Australia; or

(b)        if that edition has been added to or amended - that edition as affected by those additions or amendments;

“the British Pharmaceutical Codex” means —

(a)        the latest edition for the time being of the book called the British Pharmaceutical Codex published by the direction of the Council of the Pharmaceutical Society of Great Britain; or

(b)        if that edition has been added to or amended - that edition as affected by those additions or amendments;

“the British Pharmacopoeia” means —

(a)        the latest edition (being an edition that has taken effect) for the time being of the book called the British Pharmacopoeia published under the direction of the General Medical Council of the United Kingdom; or

(b)        if that edition has been added to or amended by additions or amendments that have taken effect - that edition as affected by those additions or amendments.

Prescriptions

      14.       (1)        A registered pharmaceutical chemist shall not supply a medicine or drug in accordance with a prescription, unless the prescription is dated and either signed by a medical practitioner with his usual signature or written by a medical practitioner on paper on which appear the surname, and at least the initials of the christian names, of the medical practitioner.

                  (2)        Where a registered pharmaceutical chemist purports to supply a medicine or drug in accordance with a prescription of a medical practitioner, the registered pharmaceutical chemist shall not, while purporting so to act, supply a medicine or drug that is not in accordance with the prescription.

                  (3)        A registered pharmaceutical chemist shall, as prescribed, record in a book to be kept by him for the purpose the particulars of every prescription in accordance with which he, or a person acting under his personal supervision, has supplied a medicine or drug.

Penalty:           10 penalty units.

PART 4  —  OFFENCES

Carrying on business of a pharmaceutical chemist prohibited

      15.                   Subject to section 16, a person, other than a medical practitioner or a registered pharmaceutical chemist, shall not carry on, or control the carrying on of, or exhibit any symbol from which it may be inferred that he is carrying on, the business of a pharmaceutical chemist.

Penalty:           20 penalty units.

Carrying on business of a deceased person

      16.       Where a person who is a registered pharmaceutical chemist dies while carrying on the business of a pharmaceutical chemist, the personal representative of that deceased person may, if he arranges for the carrying on of the business of the deceased person to be controlled by a registered pharmaceutical chemist, carry on that business for a period of 12 months or for such longer period as the Minister approves.

Sale of patent medicines, etc

      17.       (1)        For the purposes of section 15, a person shall not, merely because, in the course of the business of retail storekeeping or shopkeeping, he supplies a patent or proprietary medicine, or a medicine or drug packed in the container in which it was packed by its manufacturer, be held to be carrying on, or controlling the carrying on of, the business of a pharmaceutical chemist.

                  (2)        For the purposes of this section, “a patent or proprietary medicine” means any pills, powders, lozenges, tinctures, lotions or waters (other than artificial mineral waters) —

(a)        which are the subject of an existing letters patent;

(b)        for the making of which the maker claims to have a secret process;

(c)        to sell which the vendor claims to have an exclusive right; or

(d)       which are by any public notice or advertisement, or by any written or printed papers or handbills, or by any label, held out or recommended to the public by the maker or vendor as nostrums or specifics, or as beneficial to the prevention, cure or relief of any ailment.

Supply of certain articles restricted

      18.       (1)        A person, other than a medical practitioner or a person acting under the instructions of a medical practitioner, shall not attend upon, or prescribe for, another person —

(a)        for the purpose of treating him for —

(i)         a venereal disease;

(ii)        a disease affecting the generative organs or functions;

(iii)       sexual impotence;

(iv)       an ailment arising from, or relating to, sexual intercourse; or

(v)        where that other person is a woman - an ailment peculiar to women,

whether that other person is suffering from the disease or ailment for which it is proposed to treat him, or not; or

(b)        where that other person is a woman - for the purpose of terminating, or influencing the course of, the pregnancy of that other person, whether that other person is pregnant or not.

Penalty:           10 penalty units or imprisonment for 6 months.

                  (2)        A person, other than a medical practitioner or a person acting under the instructions of a medical practitioner, shall not supply any article, drug, medicine, instrument or appliance prepared or made for the treatment of any of the diseases or ailments specified in paragraph 18(1)(a), or for terminating, or influencing the course of, a pregnancy.

Penalty:           10 penalty units or imprisonment for 6 months.

                  (3)        Subsection 18(2) does not operate to prohibit a registered pharmaceutical chemist, or a person acting under his supervision, from supplying an article in the ordinary course of the business of a pharmaceutical chemist and for a purpose other than the purpose of treating any of the diseases or ailments specified in paragraph 18(1)(a) or other than the purpose of terminating, or influencing the course of, a pregnancy.

Certain advertisements prohibited

      19.       (1)        A person shall not publish a statement, whether by itself or contained in a book or other document, and whether by way of advertisement or otherwise, for the purpose of promoting the sale of any article as a drug, medicine, instrument or appliance —

(a)        for treating any of the diseases or ailments specified in paragraph 18(1)(a);

(b)        for terminating, or influencing the course of, a pregnancy; or

(c)        for preventing conception.

Penalty:           10 penalty units.

                  (2)        Without limiting the generality of subsection 18(1), a person shall be deemed to publish a statement if —

(a)        he exhibits a book or document containing, or an article bearing, the statement in such a manner that the statement may be read by a person who is in a shop, a public place or a public conveyance;

(b)        he leaves a book or document containing, or an article bearing, the statement in a public place, or in or on a public or private conveyance or on land on which a dwelling-house is built; or

(c)        he sends by post a book or document containing, or an article bearing, the statement.

                  (3)        This section does not operate to prohibit —

(a)        the publishing of a book or document in good faith for the advancement of medical science;

(b)        the publishing of a book or document by the authority of the Minister; or

(c)        the publishing of a book or document —

(i)         to medical practitioners for the purposes of the practice of medicine; or

(ii)        to registered pharmaceutical chemists for the purposes of the business of a pharmaceutical chemist.

PART 5  —  MISCELLANEOUS

Power to make regulations

      20.       The Administrator may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular —

(a)        for prescribing the forms to be used for the purposes of this Act;

(c)        for prescribing the fee to be charged for the performance of any act provided for or required under this Act;

(d)       for controlling the conduct of registered pharmaceutical chemists when engaged in the business of pharmacy;

(e)        for regulating or controlling the manufacturing, compounding, dispensing or supplying of drugs or medicines;

(f)        for prescribing the qualifications of apprentices and the conditions under which apprentices may be employed; and

(g)        for prescribing penalties not exceeding 5 penalty units for offences against the regulations.

 

 

NOTES

The Pharmacy Act 1956 as shown in this consolidation comprises Act No. 2 of 1956 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Pharmacy Act 1956

2, 1956

5.11.56

 

 

 

 

 

Amendments Incorporation Act 1963

2, 1963

28.3.63

 

 

 

 

 

Acts Revision Act 1964

6, 1964

30.6.64

6

 

 

 

 

Pharmacy Act 1975

2, 1975

15.5.75

 

 

 

 

 

Ordinances Citation Act 1976

11, 1976

25.11.76

 

 

 

 

 

Ordinances Revision (Decimal Currency) Act 1980

31, 1980

15.1.81

 

 

 

 

 

Statute Law Revision (Penalties and Fees) Act 1984

9, 1985

13.5.85

4

 

 

 

 

Statute Law (Miscellaneous Provisions) (No. 3) Act 1986

35, 1986

4.12.86

 

 

 

 

 

Statute Law Revision (Self-Government) No. 4 Act 1991

17, 1991

31.10.91

 

 

 

 

 

Citation of Laws Act 1995

14, 1995

1.1.96

 

 

 

 

 

[Previously consolidated as at 1 September 1996]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

 

 

 

[Previously consolidated as at 12 August 2013

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provision

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws  Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (2016 Measures No. 2) Ordinance 2016
(No. 5, 2016)

10 May 2016 (F2016L00751)

Sch 3 (item 2): 1 July 2016 (s 2(1) item 2)

 

Table of Amendments

 

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

1

am

2, 1963; 1, 1975; 11, 1976; 14, 1995

3

am

14, 1995

 

rs

Ord No 2, 2015 (as am by Ord No 5, 2016)

4

am

17, 1991; 14, 1995

 

rs

Ord No 2, 2015 (as am by Ord No 5, 2016)

Part 2

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

5

am

17, 1991; 14, 1995

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

6

am

2, 1975; 17, 1991; 14, 1995

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

7

am

31, 1980; 9, 1985; 17, 1991

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

8

am

17, 1991

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

9

am

6, 1964; 17, 1991; 14, 1995

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

10

am

6, 1964; 17, 1991

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

11

am

31, 1980; 9, 1985; 17, 1991

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

12

am

31, 1980; 9, 1985

13

am

31, 1980; 9, 1985; 35, 1986

14

am

31, 1980; 9, 1985

15

am

31, 1980; 9, 1985; Ord No 2, 2015 (as am by Ord No 5, 2016)

16

am

17, 1991

18

am

31, 1980; 9, 1985

19

am

31, 1980; 9, 1985;  17, 1991

20

am

31, 1980; 9, 1985; 17, 1991; 14, 1995; Ord No 2, 2015 (as am by Ord No 5, 2016)