{"id":"health-practitioners-act-2004","name":"Health Practitioners Act 2004","slug":"health-practitioners-act-2004","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30106,"registerId":"nt-health-practitioners-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Practitioners Act 2004","content":"NORTHERN TERRITORY OF AUSTRALIA\nHEALTH PRACTITIONERS ACT 2004\nAs in force at 20 November 2020\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Objectives ........................................................................................ 1\n4 Definitions ........................................................................................ 1\n5 Act binds Crown .............................................................................. 2\nPart 2 Pharmacy Premises Committee\n18A Establishment .................................................................................. 2\n18B Membership ..................................................................................... 3\n18C Functions ......................................................................................... 3\n18D Powers............................................................................................. 4\n18E Policies and guidelines .................................................................... 4\n18F Delegation ....................................................................................... 4\n18G Registrar .......................................................................................... 4\n18H Advisory committee ......................................................................... 4\n18J Protection from liability .................................................................... 5\n18K Annual report ................................................................................... 5\n18L Fees ................................................................................................ 5\nPart 3 Tribunal\n63 Constitution of Tribunal for matters under the Law .......................... 5\n64 Functions of Tribunal ....................................................................... 6\n65 Additional notifications ..................................................................... 7\n66 Medical examinations ...................................................................... 7\nPart 4 Inspectors of Pharmacy Committee\n71 Appointment of inspectors ............................................................... 8\n72 Powers of inspectors ....................................................................... 8\n73 Specific investigative powers ........................................................... 9\nPart 8 Offences\n106 Offences of dishonesty .................................................................. 11\n107 Obstruction .................................................................................... 11\n108 Offences relating to requirements of inspector or Tribunal ............ 11\n109 Threat and intimidation .................................................................. 12\n\nHealth Practitioners Act 2004 ii\n110 Failure to comply with orders ......................................................... 12\nPart 9 Other matters relating to health\npractitioners\nDivision 1 Obligations to provide information\n112 Protection from liability .................................................................. 12\nDivision 2 Administrative and legal matters\n119 Convicted offenders may be prohibited from carrying on\nbusiness ........................................................................................ 12\n120 Service of documents .................................................................... 14\n121 Presumptions................................................................................. 14\n122 Commencement of proceedings for offences ................................ 14\n124 Evidence of facts found in other proceedings ................................ 14\n127 Criminal liability of executive officer of body corporate .................. 15\n131 Regulations.................................................................................... 16\nPart 11 Transitional matter for pharmacies\n144 Pharmacy standards...................................................................... 16\nPart 12 Transitional matters for implementation of\nHealth Practitioner Regulation National\nLaw (NT)\nDivision 1 Health Practitioner (National Uniform\nLegislation) Implementation Act 2010\n145 Definitions ...................................................................................... 17\n146 Pending complaints ....................................................................... 17\n147 Pending matters under Information and Ombudsman Acts ........... 18\n148 Principal place of practice .............................................................. 19\nDivision 2 Health Practitioner (National Uniform\nLegislation) Implementation Act 2012\n149 Definitions ...................................................................................... 19\n150 Pending complaints ....................................................................... 20\n151 Pending matters under Information and Ombudsman Acts ........... 21\n152 Principal place of practice .............................................................. 21\n153 Tribunal constituted before commencement day ........................... 22\n\nHealth Practitioners Act 2004 iii\nPart 13 Transitional matters for Northern Territory\nCivil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments)\n(No. 2) Act 2014\n154 Definitions ...................................................................................... 22\n155 Appellable decision notified before commencement...................... 23\n156 Appellable decision made after commencement ........................... 24\n157 Appeals and matters before former Tribunal ................................. 24\n158 Decision to refer matter to former Tribunal .................................... 24\nPart 14 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n159 Offences – before and after commencement................................. 25\nSchedule 2 Administrative provisions about members\nof Pharmacy Committee\nSchedule 3 Meetings of Pharmacy Committee\nSchedule 7 Pharmacies\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 November 2020\n____________________\nHEALTH PRACTITIONERS ACT 2004\nAn Act to provide for the Pharmacy Premises Committee and Health\nProfessional Review Tribunal, and for other purposes relating to health\npractitioners\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Health Practitioners Act 2004.\n2 Commencement\nThis Act comes into operation on the date, or respective dates,\nfixed by the Administrator by notice in the Gazette.\n3 Objectives\nThe objectives of this Act are as follows:\n(a) to protect and promote the health and safety of the people of\nthe Territory;\n(b) to promote the highest standard of health care services in the\nTerritory.\n4 Definitions\nIn this Act:\nadvisory committee means an advisory committee established\nunder section 18H.\nbusiness address means the address of the premises at or from\nwhich a person practises a health profession.\nhealth care service means:\n(a) a service provided by a health practitioner in practising a\nhealth profession for which the health practitioner is\nregistered; or\n\nPart 2 Pharmacy Premises Committee\nHealth Practitioners Act 2004 2\n(b) any other service connected with the provision of health care.\nhealth practitioner means an individual who practises a health\nprofession.\nhealth profession means health profession as defined in section 5\nof the Health Practitioner Regulation National Law.\ninspector means a person appointed as an inspector under\nsection 71.\nNational Board means a National Health Practitioner Board\nestablished by section 31 of the Health Practitioner Regulation\nNational Law.\nnotification means notification as defined in section 5 of the Health\nPractitioner Regulation National Law.\npharmacist means a person registered under the Health\nPractitioner Regulation National Law to practise in the pharmacy\nprofession (other than as a student).\nPharmacy Committee means the Pharmacy Premises Committee\nestablished by section 18A(1).\nregistered means registered under the Health Practitioner\nRegulation National Law to practise a health profession.\nTribunal means the Civil and Administrative Tribunal.\n5 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\nPart 2 Pharmacy Premises Committee\n18A Establishment\n(1) The Pharmacy Premises Committee is established.\n(2) The Committee:\n(a) is a body corporate with perpetual succession; and\n(b) has a common seal; and\n\nPart 2 Pharmacy Premises Committee\nHealth Practitioners Act 2004 3\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real and personal property and of suing and being\nsued.\n(3) All courts, judges and persons acting judicially must:\n(a) take judicial notice of the common seal affixed to a document;\nand\n(b) presume the seal was properly affixed.\n18B Membership\n(1) The Pharmacy Committee consists of 4 members who are\nappointed by the Minister.\n(2) Of the 4 members:\n(a) 3 must be pharmacists who are able to assist the Committee\nin performing its functions; and\n(b) one must be a person who:\n(i) is not a pharmacist; and\n(ii) is able to represent the interests of patients and\nconsumers of pharmacy services.\n(3) Schedule 2 has effect in relation to each member of the Committee.\n(4) Schedule 3 has effect in relation to meetings of the Committee.\n18C Functions\n(1) The Pharmacy Committee has the following functions:\n(a) to administer Schedule 7, including, for example:\n(i) to monitor and investigate compliance with Schedule 7;\nand\n(ii) to prosecute offences against Schedule 7;\n(b) to advise the Minister on matters relating to the administration\nand enforcement of Schedule 7.\n(2) In addition, the Committee has the functions imposed on it by this\nor another Act.\n\nPart 2 Pharmacy Premises Committee\nHealth Practitioners Act 2004 4\n18D Powers\nThe Pharmacy Committee has power to do all things necessary or\nconvenient to be done in connection with the performance of its\nfunctions.\n18E Policies and guidelines\n(1) The Pharmacy Committee may approve a policy or guideline to give\npractical guidance to pharmacists for complying with Schedule 7.\n(2) The Committee must publicise the approved policy or guideline in\nthe way it decides (for example, on a website).\n18F Delegation\nThe Pharmacy Committee may, in writing, delegate to a person or\nadvisory committee any of its powers and functions under this Act.\n18G Registrar\n(1) The Minister must appoint a person to be the Registrar of the\nPharmacy Committee.\n(2) The Registrar has the powers and functions conferred by or under\nthis Act.\n(3) The Minister may appoint a person to act as Registrar during:\n(a) a period, or all periods, when the Registrar is absent from duty\nor from the Territory; or\n(b) a vacancy in the office.\n18H Advisory committee\n(1) The Pharmacy Committee may establish an advisory committee to\nadvise it in exercising its powers or performing its functions.\n(2) The advisory committee consists of persons appointed by the\nCommittee.\n(3) A member of the Committee may be a member of the advisory\ncommittee and may be appointed chairperson of the advisory\ncommittee.\n(4) The advisory committee must keep accurate minutes of its\nproceedings.\n(5) The advisory committee may regulate its own proceedings.\n\nPart 3 Tribunal\nHealth Practitioners Act 2004 5\n18J Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) a member of the Pharmacy Committee;\n(b) a member of an advisory committee;\n(c) a delegate of the Pharmacy Committee.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n18K Annual report\nThe Pharmacy Committee must, before 31 December in each year,\ngive the Minister a report on its operations for the preceding\nfinancial year.\n18L Fees\n(1) The Minister may, by Gazette notice, determine fees to be paid to\nthe Pharmacy Committee.\n(2) The Pharmacy Committee may waive the whole or part of a fee\ndetermined under subsection (1).\nPart 3 Tribunal\n63 Constitution of Tribunal for matters under the Law\n(1) For each matter for which the Tribunal has functions under this Act\nor the Health Practitioner Regulation National Law (NT) (including,\nfor example, a matter referred to it about a registered health\npractitioner, or an appeal against a decision not to register a\nperson), the Tribunal consists of:\n(a) a member who is a lawyer with at least 5 years' experience as\na legal practitioner; and\n\nPart 3 Tribunal\nHealth Practitioners Act 2004 6\n(b) a member who:\n(i) is a registered health practitioner in the health profession\nto which the matter relates; and\n(ii) has no conditions or undertakings on his or her\nregistration; and\n(iii) has skills, knowledge or experience relevant to the\nmatter; and\n(c) a member who is not engaged in the health profession to\nwhich the matter relates, but who is:\n(i) familiar with the interests of persons dealing with\npersons engaged in the health profession; or\n(ii) has knowledge or experience enabling the member to\nunderstand those interests.\n(2) Subsection (1) does not apply in relation to the following:\n(a) a hearing at which the Tribunal makes a decision other than a\nfinal decision;\n(b) a hearing at which the Tribunal makes a final decision with the\nconsent of the parties;\n(c) a compulsory conference or mediation under the Northern\nTerritory Civil and Administrative Tribunal Act 2014.\n(3) In this section:\ncondition has the same meaning as in the Health Practitioner\nRegulation National Law (NT).\nregistered health practitioner means a person who is registered\nunder the Health Practitioner Regulation National Law (NT) to\npractise a health profession, other than as a student.\nundertaking has the same meaning as in the Health Practitioner\nRegulation National Law (NT).\n64 Functions of Tribunal\nThe Tribunal must hear each matter for which it has functions under\nthe Health Practitioner Regulation National Law (NT).\nNote for section 64\nSee section 6 of the Health Practitioner Regulation (National Uniform\nLegislation) Act.\n\nPart 3 Tribunal\nHealth Practitioners Act 2004 7\n65 Additional notifications\n(1) The Tribunal may deal with one or more notifications about a health\npractitioner in its proceedings.\n(2) If, during proceedings for a notification (the first notification)\nrelating to a health practitioner, the Tribunal considers that an\nadditional notification could have been made about the health\npractitioner, the Tribunal may:\n(a) take the additional notification to have been referred to the\nTribunal; and\n(b) deal with the additional notification in the proceedings for the\nfirst notification.\n(3) The Tribunal may deal with the additional notification:\n(a) instead of, or in addition to, the first notification; and\n(b) whether or not the additional notification could have been\nmade by the same entity that made the first notification.\n66 Medical examinations\n(1) The Tribunal may, by written notice, require the person who is the\nsubject of a matter for which the Tribunal has functions to have one\nor more medical examinations at the expense of the National Board\nfor the health profession to which the matter relates.\n(2) The Tribunal must not require a person to have a medical\nexamination under subsection (1) unless it is reasonable to do so\nfor the proceeding for the matter.\n(3) A notice under subsection (1) must specify:\n(a) the name of the health practitioner who is to carry out the\nmedical examination; and\n(b) the date, time and place of the medical examination.\n(4) The date, time and place specified for a medical examination must\nbe reasonable.\n(5) The health practitioner who carries out the medical examination\nmust provide the Tribunal, and the person examined, with a written\nreport of the results of the examination.\n\nPart 4 Inspectors of Pharmacy Committee\nHealth Practitioners Act 2004 8\n(6) In this section:\nmedical examination includes an examination of the physical,\npsychological and mental capacities of a person.\nPart 4 Inspectors of Pharmacy Committee\n71 Appointment of inspectors\n(1) The Pharmacy Committee may appoint a person to be an inspector.\n(2) The function of an inspector is to investigate matters that are:\n(a) related to the Pharmacy Committee's functions; and\n(b) referred to the inspector by the Committee.\n(3) The Pharmacy Committee must issue each inspector with an\nidentity card that:\n(a) is in the form approved by the Committee; and\n(b) contains a recent photograph of the inspector, the inspector's\nname and the common seal of the Committee.\n(4) A person must, within 5 days of ceasing to be an inspector, return\nto the Pharmacy Committee the identity card issued to the person\nunder subsection (3).\nMaximum penalty: 5 penalty units.\n72 Powers of inspectors\n(1) An inspector may, on producing his or her identity card:\n(a) enter any premises at any time with the consent of an\noccupier of those premises or enter any premises where a\nhealth care service is provided if that place is open for entry;\nand\n(b) exercise all or any of the powers specified in section 73 with\nthe consent of an occupier of those premises.\n(2) If an inspector considers on reasonable grounds that there is, or is\nlikely to be, on premises a document or thing that is, or is likely to\nbe, relevant to an investigation and that it is not possible or\nreasonable in the circumstances to rely on the power in\nsubsection (1), the inspector may apply in writing to a justice of the\npeace for a warrant.\n\nPart 4 Inspectors of Pharmacy Committee\nHealth Practitioners Act 2004 9\n(3) The justice of the peace may issue a warrant if satisfied that:\n(a) the document or thing referred to in the application is, or is\nlikely to be, relevant to the inspector's investigation; and\n(b) there are reasonable grounds for believing that the document\nor thing is, or is likely to be, on the premises referred to in the\napplication; and\n(c) it will not be possible or reasonable in the circumstances for\nthe inspector to rely on the power in subsection (1).\n(4) A warrant may be made subject to any conditions the justice of the\npeace considers appropriate.\n(5) A warrant issued under this section authorises the inspector named\nin the warrant, using any assistance that the inspector considers\nnecessary and subject to the conditions to which it is subject, to\nenter and search the premises specified in the warrant and exercise\nany of the powers specified in section 73 that are not expressly\nexcluded by the justice of the peace who issued the warrant.\n(6) An inspector, when executing a warrant, must permit a person who\nis an occupier or person in charge of the premises to which the\nwarrant relates to inspect the warrant.\n(7) A person must not give, agree to give or offer to an inspector a gift,\nreward or other inducement to do or abstain from doing anything in\nrelation to an investigation.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(8) In this section:\ninvestigation means an investigation carried out by an inspector\nunder section 71(2).\noccupier, in relation to premises, means a person in legal\noccupation of the premises.\npremises includes a vehicle or vessel.\n73 Specific investigative powers\n(1) Subject to and for the purposes of section 72(1)(b) and (5), an\ninspector may exercise the following powers:\n(a) inspect and search the premises generally;\n\nPart 4 Inspectors of Pharmacy Committee\nHealth Practitioners Act 2004 10\n(b) require the person apparently in charge of the premises to\nproduce for inspection any document held at the premises;\n(c) inspect and take notes of or extracts from a document referred\nto in paragraph (b);\n(d) make a copy of a document referred to in paragraph (b);\n(e) ask questions of and require answers from persons on the\npremises;\n(f) take photographs;\n(g) open and inspect containers or packages that the inspector\nreasonably suspects are used for the purpose of, or in\nconnection with, the provision of health care services at the\npremises;\n(h) examine or test any equipment held on the premises;\n(i) require a person registered or claiming to be registered to\nproduce a certificate of registration issued under section 124\nof the Health Practitioner Regulation National Law;\n(j) if the inspector reasonably suspects that this Act has been\ncontravened – seize and, on providing a receipt, remove\nanything that in the reasonable opinion of the inspector is\nevidence of the contravention;\n(k) remove, on providing a receipt, any document found on the\npremises to the custody and control of the Pharmacy\nCommittee for as long as the Pharmacy Committee considers\nnecessary or expedient.\n(2) If the Pharmacy Committee is satisfied that for legitimate reasons a\nperson needs access to a document that has been removed from\npremises to the custody and control of the regulatory body under\nsubsection (1)(k), the Pharmacy Committee may:\n(a) grant the person reasonable access to the document or to a\ncopy of the document; or\n(b) provide the person with a copy or certified copy of the\ndocument; or\n(c) retain a copy of the document and return the original to the\npremises.\n\nPart 8 Offences\nHealth Practitioners Act 2004 11\nPart 8 Offences\n106 Offences of dishonesty\n(1) A person commits an offence if:\n(a) the person makes or gives someone a statement (whether\norally or in writing); and\n(b) the person knows the statement contains misleading\ninformation; and\n(c) the statement is made or given in connection with an\ninvestigation being carried out by an inspector.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(3) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n107 Obstruction\nA person must not obstruct, hinder, threaten or intimidate a person\nexercising a power or performing a function conferred on the\nperson by this Act.\nMaximum penalty: 500 penalty units.\n108 Offences relating to requirements of inspector or Tribunal\n(1) A person must not, without reasonable excuse, fail to assist an\ninspector in relation to an investigation being carried out by the\ninspector.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(2) A person may be directed by an inspector to answer a question\ndespite that the answer to the question may tend to incriminate the\nperson.\n(3) The answer to a question given by a person following a direction\nunder subsection (2) is not admissible in evidence in any other\nproceedings against the person other than a prosecution for\nperjury.\n\nPart 9 Other matters relating to health practitioners\nDivision 2 Administrative and legal matters\nHealth Practitioners Act 2004 12\n109 Threat and intimidation\nA person must not threaten or intimidate a person who, in good\nfaith, provides information about a health practitioner or anyone\nelse in accordance with this Act.\nMaximum penalty: 500 penalty units.\n110 Failure to comply with orders\n(1) A person must not fail to leave any proceedings of the Pharmacy\nCommittee when ordered to do so by the Pharmacy Committee.\nMaximum penalty: 50 penalty units.\n(3) A person must not, contrary to an order of the Pharmacy\nCommittee, report or otherwise disclose:\n(a) any proceedings of the Pharmacy Committee; or\n(b) any information in relation to the proceedings of the Pharmacy\nCommittee.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\nPart 9 Other matters relating to health practitioners\nDivision 1 Obligations to provide information\n112 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in providing the Pharmacy\nCommittee with information.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nDivision 2 Administrative and legal matters\n119 Convicted offenders may be prohibited from carrying on\nbusiness\n(1) The Secretary may, by notice in writing to a person convicted of an\noffence against this Act, prohibit the person from operating a\nbusiness that provides health care services.\n\nPart 9 Other matters relating to health practitioners\nDivision 2 Administrative and legal matters\nHealth Practitioners Act 2004 13\n(2) The prohibition may be expressed to be:\n(a) for a fixed period (in which case the prohibition remains in\nforce only for the fixed period); or\n(b) for an unlimited period subject to an entitlement to apply after\na specified time for the lifting of the prohibition (in which case\nthe prohibition remains in force until it is lifted).\n(3) A prohibition may not be imposed under this section unless the\nSecretary is of the opinion that the person is not a fit and proper\nperson to operate a business that provides health care services.\n(4) The Secretary is entitled to presume, in the absence of evidence to\nthe contrary, that a person who has been convicted of an offence\nagainst this Act on 2 or more occasions in any period of 10 years is\nnot a fit and proper person to operate a business that provides\nhealth care services.\n(5) A prohibition under this section may be limited in its operation in\neither or both of the following ways:\n(a) it may be limited to specified premises, but only where the\nperson operates a business that provides health care services\nat those premises and at other premises;\n(b) it may be limited to premises within a specified area.\n(6) If a prohibition under this section is subject to an entitlement to\napply after a specified time for the prohibition to be lifted, the\napplication may be made to the Secretary after that time.\n(7) The Secretary may lift the prohibition or confirm the prohibition and\nset a further period after which an application for the prohibition to\nbe lifted can be made under subsection (6).\n(8) A person must not operate a business that provides health care\nservices in contravention of a prohibition under this section.\nMaximum penalty: 500 penalty units.\n(9) If health care services are provided on premises on which a\nbusiness is carried on, it must be presumed for the purposes of\nsubsection (8), unless the contrary is established, that the business\nprovides those health care services.\n(10) A prohibition under this section has no effect while an appeal is\npending against the conviction for the offence on which the\nprohibition is based.\n\nPart 9 Other matters relating to health practitioners\nDivision 2 Administrative and legal matters\nHealth Practitioners Act 2004 14\n(11) In this section:\nSecretary means the Chief Executive Officer of the Agency\nresponsible for the administration of this Act.\n120 Service of documents\nA document required to be delivered to or served on the Pharmacy\nCommittee may be delivered or served by:\n(a) leaving it at, or sending it by post to, the Committee's address;\nor\n(b) sending it by way of facsimile transmission to the Committee's\nfacsimile number; or\n(c) sending it by electronic mail to the Committee's address.\n121 Presumptions\nIn any proceedings, unless evidence is given to the contrary, proof\nis not required of:\n(a) the constitution the Pharmacy Committee; or\n(b) any resolution or decision of the Pharmacy Committee; or\n(c) the appointment of any member of the Pharmacy Committee;\nor\n(d) the presence of a quorum at any meeting of the Pharmacy\nCommittee.\n122 Commencement of proceedings for offences\nA complaint for an offence against this Act may be commenced at\nany time within 3 years after the date the offence was committed or\nwithin 3 years after the date the actions constituting the offence\nwere first discovered.\n124 Evidence of facts found in other proceedings\nA finding of fact relating to the conduct of a health practitioner made\nby a court or other tribunal in any proceedings to which the health\npractitioner is a party, whether in the Territory or elsewhere, is\nevidence of the fact in any proceedings under this Act.\n\nPart 9 Other matters relating to health practitioners\nDivision 2 Administrative and legal matters\nHealth Practitioners Act 2004 15\n127 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) An offence against subsection (1) is a regulatory offence.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n\nPart 11 Transitional matter for pharmacies\nHealth Practitioners Act 2004 16\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(9) In this section:\ndeclared provision means:\n(a) Schedule 7, clause 2(1), 3, 4(1) or (2), 5(1) or (2), 7(1), (2) or\n(3) or 8(1); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n131 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\nPart 11 Transitional matter for pharmacies\n144 Pharmacy standards\n(1) The standards prescribed for clause 4 of Schedule 8 and in force\nimmediately before the commencement day are taken to be\nstandards prescribed by the Pharmacy Committee under the\nclause.\n(2) In this section:\ncommencement day means the day on which Part 2 of the Health\nPractitioner (National Uniform Legislation) Implementation Act 2010\ncommences.\n\nPart 12 Transitional matters for implementation of Health Practitioner Regulation\nNational Law (NT)\nDivision 1 Health Practitioner (National Uniform Legislation) Implementation Act 2010\nHealth Practitioners Act 2004 17\nPart 12 Transitional matters for implementation of\nHealth Practitioner Regulation National\nLaw (NT)\nDivision 1 Health Practitioner (National Uniform Legislation)\nImplementation Act 2010\n145 Definitions\nIn this Part:\ncommencement day means the day on which the implementation\nprovisions commence.\nformer Board means a Board that:\n(a) had been established under this Act for a category of health\ncare practice; and\n(b) ceased to exist on the commencement day.\nimplementation provisions means Part 2 of the Health\nPractitioner (National Uniform Legislation) Implementation\nAct 2010.\nNational Board means a National Board established by the Health\nPractitioner Regulation National Law (NT).\n146 Pending complaints\n(1) Subsection (2) applies if section 289 of the Health Practitioner\nRegulation National Law (NT) (the transitional provision) applies\nin relation to a complaint being dealt with immediately before the\ncommencement day.\n(2) For applying the transitional provision, this Act is the Act of the\nparticipating jurisdiction under which the complaint was made (the\nnotification Act) even though the provision refers to the notification\nAct being repealed.\n(3) Subsection (4) applies if, immediately before the commencement\nday, the Tribunal had not completed an inquiry into a complaint\nreferred to it by a former Board.\n\nPart 12 Transitional matters for implementation of Health Practitioner Regulation\nNational Law (NT)\nDivision 1 Health Practitioner (National Uniform Legislation) Implementation Act 2010\nHealth Practitioners Act 2004 18\n(4) The Tribunal must deal with the complaint as the responsible\nTribunal under Part 8, Division 12 of the Health Practitioner\nRegulation National Law (NT):\n(a) as if:\n(i) the complaint had been referred to the Tribunal under\nthat Law by a National Board; and\n(ii) a reference in relation to the former Board in that Law\nwere a reference in relation to the National Board for the\nhealth profession for which the former Board had been\nestablished; and\n(b) with any other changes that are necessary or convenient.\n(5) In this section:\ncomplaint includes a matter referred to the Tribunal by a former\nboard under section 62(3) of this Act as in force immediately before\nthe commencement day for an inquiry on the basis that the matter\ncould have been grounds for a complaint.\n147 Pending matters under Information and Ombudsman Acts\n(1) This section applies if, immediately before the commencement day:\n(a) an application in relation to information made to a former\nBoard under Part 3, Division 2 or 3 of the Information Act 2002\nhad not been decided; or\n(b) an application for review of a decision made to a former Board\nunder Part 3, Division 4 of the Information Act 2002 had not\nbeen decided; or\n(c) a complaint made under Part 7 of the Information Act 2002\nabout a decision made by a former Board had not been\ndetermined; or\n(d) a complaint made under Part 5 of the Ombudsman Act 2009\nin relation to an administrative action taken by a former Board\nhad not been finally dealt with under that Act.\n(2) In addition, this section applies if:\n(a) a former Board had decided an application under Part 3,\nDivision 2 or 3 or Part 3, Division 4 of the Information\nAct 2002; and\n\nPart 12 Transitional matters for implementation of Health Practitioner Regulation\nNational Law (NT)\nDivision 2 Health Practitioner (National Uniform Legislation) Implementation Act 2012\nHealth Practitioners Act 2004 19\n(b) on the commencement day, the applicant would have been\nentitled under the Information Act 2002 to apply for a review of\nthe decision, or to make a complaint about the decision, if the\nimplementation provisions had not commenced.\n(3) The Information Act 2002 or Ombudsman Act 2009 continues to\napply in relation to the application, complaint or decision:\n(a) as if:\n(i) the implementation provisions had not commenced; and\n(ii) a reference in relation to the former Board in the\nInformation Act 2002 or Ombudsman Act 2009 were a\nreference in relation to the National Board for the health\nprofession for which the former Board had been\nestablished; and\n(b) with any other changes that are necessary or convenient.\n148 Principal place of practice\n(1) A health practitioner's business address recorded in a register\nimmediately before the commencement day is taken to be the\nhealth practitioner's principal place of practice under the Health\nPractitioner Regulation National Law (NT).\n(2) Subsection (1) has effect subject to the health practitioner\ndeclaring, under the Health Practitioner Regulation National Law\n(NT), another place to be the health practitioner's principal place of\npractice.\nDivision 2 Health Practitioner (National Uniform Legislation)\nImplementation Act 2012\n149 Definitions\nIn this Part:\ncommencement day means the day on which the implementation\nprovisions commence.\nformer Board means the following Boards established under this\nAct as in force immediately before the commencement day:\n(a) the Aboriginal Health Workers Board of the Northern Territory;\n(b) the Occupational Therapists Board of the Northern Territory;\n\nPart 12 Transitional matters for implementation of Health Practitioner Regulation\nNational Law (NT)\nDivision 2 Health Practitioner (National Uniform Legislation) Implementation Act 2012\nHealth Practitioners Act 2004 20\n(c) the Radiographers Board of the Northern Territory.\nimplementation provisions means Part 2 of the Health\nPractitioner (National Uniform Legislation) Implementation\nAct 2012.\nNational Board means a National Board established by the Health\nPractitioner Regulation National Law (NT).\n150 Pending complaints\n(1) Subsection (2) applies if section 289 of the Health Practitioner\nRegulation National Law (NT) (the transitional provision) applies\nin relation to a complaint being dealt with immediately before the\ncommencement day.\n(2) For applying the transitional provision, this Act as in force\nimmediately before the commencement day is the Act of the\nparticipating jurisdiction under which the complaint was made (the\nnotification Act) even though the provision refers to the notification\nAct being repealed.\n(3) Subsection (4) applies if, immediately before the commencement\nday, the Tribunal had not completed an inquiry into a complaint\nreferred to it by a former Board.\n(4) The Tribunal must deal with the complaint as the responsible\nTribunal under Part 8, Division 12 of the Health Practitioner\nRegulation National Law (NT):\n(a) as if:\n(i) the complaint had been referred to the Tribunal under\nthat Law by a National Board; and\n(ii) a reference in relation to the former Board in that Law\nwere a reference in relation to the National Board for the\nhealth profession for which the former Board had been\nestablished; and\n(b) with any other changes that are necessary or convenient.\n(5) In this section:\ncomplaint includes a matter referred to the Tribunal by a former\nBoard under section 62(3) of this Act as in force immediately before\nthe commencement day for an inquiry on the basis that the matter\ncould have been grounds for a complaint.\n\nPart 12 Transitional matters for implementation of Health Practitioner Regulation\nNational Law (NT)\nDivision 2 Health Practitioner (National Uniform Legislation) Implementation Act 2012\nHealth Practitioners Act 2004 21\n151 Pending matters under Information and Ombudsman Acts\n(1) This section applies if, immediately before the commencement day:\n(a) an application in relation to information made to a former\nBoard under Part 3, Division 2 or 3 of the Information Act 2002\nhad not been decided; or\n(b) an application for review of a decision made to a former Board\nunder Part 3, Division 4 of the Information Act 2002 had not\nbeen decided; or\n(c) a complaint made under Part 7 of the Information Act 2002\nabout a decision made by a former Board had not been\ndetermined; or\n(d) a complaint made under Part 5 of the Ombudsman Act 2009\nin relation to an administrative action taken by a former Board\nhad not been finally dealt with under that Act.\n(2) In addition, this section applies if:\n(a) a former Board had decided an application under Part 3,\nDivision 2 or 3 or Part 3, Division 4 of the Information\nAct 2002; and\n(b) on the commencement day, the applicant would have been\nentitled under the Information Act 2002 to apply for a review of\nthe decision, or to make a complaint about the decision, if the\nimplementation provisions had not commenced.\n(3) The Information Act 2002 or Ombudsman Act 2009 continues to\napply in relation to the application, complaint or decision:\n(a) as if:\n(i) the implementation provisions had not commenced; and\n(ii) a reference in relation to the former Board in the\nInformation Act 2002 or Ombudsman Act 2009 were a\nreference in relation to the National Board for the health\nprofession for which the former Board had been\nestablished; and\n(b) with any other changes that are necessary or convenient.\n152 Principal place of practice\n(1) This section applies to a health practitioner who is registered under\nthis Act as in force immediately before the commencement day.\n\nPart 13 Transitional matters for Northern Territory Civil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments) (No. 2) Act 2014\nHealth Practitioners Act 2004 22\n(2) The health practitioner's business address recorded in a register\nimmediately before the commencement day is taken to be the\nhealth practitioner's principal place of practice under the Health\nPractitioner Regulation National Law (NT).\n(3) Subsection (1) has effect subject to the health practitioner\ndeclaring, under the Health Practitioner Regulation National Law\n(NT), another place to be the health practitioner's principal place of\npractice.\n153 Tribunal constituted before commencement day\n(1) This section applies if the Tribunal is constituted under section 6 of\nthe Health Practitioner Regulation (National Uniform Legislation)\nAct 2010 as in force before the commencement day in relation to a\nmatter.\n(2) The Tribunal as so constituted is taken to have been constituted\nunder section 63(4) of this Act on and after the commencement day\nin relation to the matter.\nPart 13 Transitional matters for Northern Territory Civil\nand Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014\n154 Definitions\nIn this Part:\nappellable decision means an appellable decision as defined in\nsection 199(1) of the Health Practitioner Regulation National\nLaw (NT).\ncommencement means the commencement of Part 10 of the\nNorthern Territory Civil and Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014.\nformer legislation means the following as in force immediately\nbefore the commencement:\n(a) this Act;\n(b) the Health Practitioner Regulation (National Uniform\nLegislation) Act 2010.\n\nPart 13 Transitional matters for Northern Territory Civil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments) (No. 2) Act 2014\nHealth Practitioners Act 2004 23\nformer Tribunal means the Health Professional Review Tribunal\nas in existence under this Act immediately before the\ncommencement of the Northern Territory Civil and Administrative\nTribunal Act 2014.\nnew legislation means the following as in force after the\ncommencement:\n(a) this Act;\n(b) the Health Practitioner Regulation (National Uniform\nLegislation) Act 2010;\n(c) the Northern Territory Civil and Administrative Tribunal\nAct 2014.\n155 Appellable decision notified before commencement\n(1) This section applies if:\n(a) before the commencement, a National Board or a panel had\nmade an appellable decision; and\n(b) one of the following circumstances applies:\n(i) immediately before the commencement, the appeal\nperiod for the decision had not expired and no\nproceeding for an appeal had been started;\n(ii) before the commencement, a proceeding for an appeal\nhad been started but not decided.\n(2) If the circumstance mentioned in subsection (1)(b)(i) applies, the\nformer legislation continues to apply in relation to the entitlement of\na person to appeal against the decision within the appeal period.\n(3) The former legislation continues to apply in relation to the functions\nand powers of the former Tribunal in conducting and deciding a\nproceeding for the appeal regardless of whether the proceeding:\n(a) was being conducted before the commencement; or\n(b) is started after the commencement within the appeal period.\n(4) In this section:\nappeal period means the period within which a person is entitled to\nappeal an appellable decision.\n\nPart 13 Transitional matters for Northern Territory Civil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments) (No. 2) Act 2014\nHealth Practitioners Act 2004 24\n156 Appellable decision made after commencement\n(1) This section applies if:\n(a) before the commencement, a person or the National Board\nstarted the process to initiate the making of an appellable\ndecision by the National Board or panel; and\n(b) the National Board or panel makes the appellable decision\nafter the commencement.\n(2) The new legislation applies in relation to:\n(a) giving notice of the appellable decision; and\n(b) a person's entitlement to appeal against the appellable\ndecision.\n157 Appeals and matters before former Tribunal\n(1) This section applies if, before the commencement:\n(a) one of the following circumstances applied:\n(i) a person had appealed against an appellable decision of\nthe former Tribunal;\n(ii) the National Board had referred a matter to the former\nTribunal under section 193 of the Health Practitioner\nRegulation National Law (NT).\n(2) The former Tribunal must continue to deal with the appeal or matter\nin accordance with the former legislation.\n158 Decision to refer matter to former Tribunal\n(1) This section applies if, before the commencement, the National\nBoard had decided to refer a matter to the former Tribunal under\nsection 193 of the of the Health Practitioner Regulation National\nLaw (NT) but had not done so.\n(2) The former legislation continues to apply in relation to:\n(a) the referral of the matter by the National Board to the former\nTribunal; and\n(b) the functions and powers of the former Tribunal in dealing with\nthe matter.\n\nPart 14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nHealth Practitioners Act 2004 25\nPart 14 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n159 Offences – before and after commencement\n(1) Section 127, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 16 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 127, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n\nSchedule 2 Administrative provisions about members of Pharmacy Committee\nHealth Practitioners Act 2004 26\nSchedule 2 Administrative provisions about members of\nPharmacy Committee\nsection 18B(3)\n1. Term of office\n(1) A person appointed as a member of the Pharmacy Committee\nholds office for the period, not exceeding 3 years, as is specified by\nthe Minister.\n(2) A member may serve any number of terms but may not serve more\nthan 2 terms in succession unless approved by the Minister.\n2. Vacation of office\n(1) A member vacates office if the member:\n(a) resigns; or\n(b) is removed from office under subclause (2) or (3); or\n(c) ceases to be qualified for office by virtue of subclause (4).\n(2) The Minister may remove a member from office if the member:\n(a) is absent from 3 consecutive meetings of the regulatory body\nwithout the permission of the regulatory body; or\n(b) becomes bankrupt, applies to take the benefit of any law for\nthe relief of bankrupt or insolvent debtors, compounds with the\nmember's creditors or makes an assignment of the member's\nremuneration or estate for their benefit; or\n(c) is found guilty in the Territory or elsewhere of an offence\npunishable by imprisonment; or\n(d) fails, without reasonable excuse, to comply with the member's\nobligation under Schedule 3, clause 5; or\n(e) is found guilty of an offence against this Act.\n(3) The Minister may remove a member from office if satisfied that the\nmember:\n(a) has acted improperly in the performance of his or her duties\nas a member; or\n(b) has disclosed confidential information provided to the member\nin the course of his or her duties as a member; or\n\nSchedule 2 Administrative provisions about members of Pharmacy Committee\nHealth Practitioners Act 2004 27\n(c) is unable to competently perform his or her duties as a\nmember.\n(4) A member who is required to be a pharmacist vacates office if he or\nshe ceases to be registered.\n3 Chairperson\n(1) The Pharmacy Committee must elect one of its members who is a\npharmacist to be the Chairperson of the Committee.\n(2) The Chairperson may, by notice, resign the office.\n(3) The Chairperson may resign the office but remain a member.\n4. Validity of proceedings etc.\n(1) An act or proceeding of the Pharmacy Committee or of a person\nacting under the direction of the Pharmacy Committee is not invalid\nby reason only that at the time when the act or proceeding was\ndone, taken or commenced there was a vacancy in the membership\nof the Pharmacy Committee.\n(2) An act or proceeding of the Pharmacy Committee or of a person\nacting under the direction of the Pharmacy Committee is valid even\nif:\n(a) the appointment of a member of the Pharmacy Committee\nwas defective; or\n(b) a person appointed as a member of the Pharmacy Committee\nwas disqualified from acting as, or incapable of being, a\nmember.\n\nSchedule 3 Meetings of Pharmacy Committee\nHealth Practitioners Act 2004 28\nSchedule 3 Meetings of Pharmacy Committee\nsection 18B(4)\n1. Convening of meetings\nA meeting of the Pharmacy Committee may be convened by the\nChairperson or by the number of members that constitute a quorum\nof the Pharmacy Committee.\n2. Procedure at meetings\n(1) The quorum at a meeting of a regulatory body is 3 members of\nwhom 2 must be pharmacists.\n(2) A duly convened meeting of the Pharmacy Committee at which a\nquorum is present is competent to transact any business of the\nPharmacy Committee.\n(3) Questions arising at a meeting of the Pharmacy Committee must be\ndetermined by a majority of votes of the members present and\nvoting.\n(4) In the event of an equality of votes on a question arising at a\nmeeting of the Pharmacy Committee, the question stands\nadjourned until its next meeting.\n3. Who presides at meetings\n(1) The Chairperson must preside at all meetings of the Pharmacy\nCommittee at which the Chairperson is present.\n(2) If the Chairperson is not present at a meeting of the Pharmacy\nCommittee, a member elected by the members present must\npreside at the meeting.\n4. Minutes\nThe Pharmacy Committee must keep accurate minutes of its\nmeetings.\n5. Disclosure of interest\n(1) If a member has or acquires an interest (whether pecuniary or\notherwise) that would conflict with the proper performance of the\nmember's functions in relation to a matter being considered or\nabout to be considered by the Pharmacy Committeeard, the\nmember must disclose the nature of the interest at a meeting of the\nPharmacy Committee.\n\nSchedule 3 Meetings of Pharmacy Committee\nHealth Practitioners Act 2004 29\n(2) A disclosure under subclause (1) must be recorded in the minutes\nand, unless the Pharmacy Committee (exclusive of the member)\ndetermines otherwise, the member must not:\n(a) be present during any deliberations of the Pharmacy\nCommittee in relation to the matter; or\n(b) take part in any decision of the Pharmacy Committee in\nrelation to the matter.\n6. Meetings to be open to public\n(1) Except as provided in subclause (2), a meeting of the Pharmacy\nCommittee must be open to the public.\n(2) The Pharmacy Committee may do either or both of the following at\na meeting if it considers that there are compelling grounds to do so:\n(a) make an order excluding any person from the meeting;\n(b) make an order prohibiting the reporting or other disclosure of\nall or any of the proceedings at the meeting or prohibiting the\nreporting or other disclosure of particular information in\nrespect of the meeting.\n(3) Without limiting the range of grounds that may be relevant for the\npurposes of subclause (2), the Pharmacy Committee may exercise\nits power under that subclause if:\n(a) it is dealing with privileged information or information that has\nbeen communicated to the Pharmacy Committee in\nconfidence; or\n(b) it is dealing with information concerning the personal affairs,\nfinances or business arrangements of a person; or\n(c) the disclosure of the proceedings or the information may be\nunfairly prejudicial to the reputation of a person.\n(4) A person wishing to attend a meeting of the Pharmacy Committee\nmust notify the Pharmacy Committee not later than 7 days before\nthe date of the meeting.\n7. General procedures\n(1) Subject to this Schedule, the procedure for convening the\nPharmacy Committee and conducting its business is as determined\nby the Pharmacy Committee.\n\nSchedule 3 Meetings of Pharmacy Committee\nHealth Practitioners Act 2004 30\n(2) The Pharmacy Committee may permit members to participate in a\nparticular meeting by telephone or by other means of\ncommunication.\n(3) A member who is permitted to participate in a meeting under\nsubclause (2) is taken to be present at the meeting.\n(4) A regulatory body may allow a person to attend a meeting for the\npurpose of advising or informing it on any matter.\n8. Confidentiality\nSubject to this Act, the Chairperson, a member or a delegate of the\nPharmacy Committee must not disclose information obtained in the\ncourse of his or her duties as Chairperson, member or delegate\nunless the disclosure is made in the course of those duties.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n\nSchedule 7 Pharmacies\nHealth Practitioners Act 2004 31\nSchedule 7 Pharmacies\nsection 18C\n1. Definitions\nIn this Schedule:\nAboriginal health service means a service that provides health\ncare primarily to Aboriginals.\nauthorised pharmacy business owner means:\n(a) a pharmacist; or\n(b) a partnership of which all the partners are pharmacists; or\n(c) a corporation of which all shareholders and directors are\npharmacists.\nauthorised pharmacy service provider means an organisation\nthat operates:\n(a) an Aboriginal health service; or\n(b) a pharmacy service that is part of a public hospital; or\n(c) a pharmacy service that is part of a defence force facility.\npharmacy means premises or the part of premises in which a\npharmacy business is carried on.\npharmacy business means a business that includes the custody\nof drugs and medicines, the dispensing of medicines on\nprescription and the supply of scheduled drugs and poisons to\nconsumers by retail.\npharmacy department means premises or the part of premises in\nwhich a pharmacy service is provided.\npharmacy service means a service that includes the custody of\ndrugs and medicines, the dispensing of medicines on prescription\nand the supply of scheduled drugs and poisons to patients and\nconsumers.\n2. Ownership of pharmacy\n(1) A person must not:\n(a) own; or\n\nSchedule 7 Pharmacies\nHealth Practitioners Act 2004 32\n(b) exercise any control over the conduct of;\na pharmacy business unless the person:\n(c) is an authorised pharmacy business owner; or\n(d) has been granted an exemption under subclause (2).\nMaximum penalty: If the offender is an individual – 500 penalty\nunits.\nIf the offender is a body corporate –\n2 500 penalty units.\n(2) The Minister may grant an Aboriginal health service or friendly\nsociety an exemption from the application of subclause (1).\n(3) The Minister must not grant an exemption under subclause (2)\nunless he or she is satisfied that:\n(a) health services or access to heath services will be improved\nby granting the exemption; and\n(b) granting the exemption will meet the needs of the community\nwhere the pharmacy business is situated.\n(4) Subclause (1) does not apply to a person who was the owner of a\npharmacy business before 23 February 2005.\n(5) Subclause (1) does not apply to a person who is:\n(a) the administrator of the estate of a deceased person to whom\nthat subclause applied; or\n(b) the administrator of a person to whom that subclause applies\nwho is declared bankrupt; or\n(c) the administrator of a corporation to which that subclause\napplies that is in administration.\n3. Ownership of pharmacy service\nA person must not own a pharmacy service unless the person is an\nauthorised pharmacy service provider.\nMaximum penalty: If the offender is an individual – 500 penalty\nunits.\nIf the offender is a body corporate –\n2 500 penalty units.\n\nSchedule 7 Pharmacies\nHealth Practitioners Act 2004 33\n4. Conduct of pharmacy business and pharmacy service\n(1) A person must not conduct a pharmacy business from premises\nunless the premises comply with the standards prescribed by the\nPharmacy Committee.\nMaximum penalty: If the offender is an individual – 500 penalty\nunits.\nIf the offender is a body corporate –\n2 500 penalty units.\n(2) A person must not conduct a pharmacy service from premises\nunless the premises comply with the standards prescribed by the\nPharmacy Committee.\nMaximum penalty: If the offender is an individual – 500 penalty\nunits.\nIf the offender is a body corporate –\n2 500 penalty units.\n5. Pharmacy and pharmacy department to be under direct\nsupervision of pharmacist\n(1) The owner of a pharmacy must ensure that the pharmacy is under\nthe direct supervision of a pharmacist at all times while it is open to\nthe public.\nMaximum penalty: If the offender is an individual – 500 penalty\nunits.\nIf the offender is a body corporate –\n2 500 penalty units.\n(2) The owner of pharmacy department must ensure that the pharmacy\ndepartment is under the direct supervision of a pharmacist at all\ntimes while it is open to dispense drugs or medicine.\nMaximum penalty: If the offender is an individual – 500 penalty\nunits.\nIf the offender is a body corporate –\n2 500 penalty units.\n\nSchedule 7 Pharmacies\nHealth Practitioners Act 2004 34\n6. Restriction on entry to pharmacy or pharmacy department\n(1) A person must not enter or remain in a pharmacy unless he or she\nis a pharmacist or under the direct supervision of a pharmacist.\nMaximum penalty: 500 penalty units.\n(2) A person must not enter or remain in a pharmacy department\nunless he or she is a pharmacist or under the direct supervision of a\npharmacist.\nMaximum penalty: 500 penalty units.\n7. Pharmacist-in-charge\n(1) An authorised pharmacy business owner must not open the\npharmacy business to the public unless the owner has appointed a\npharmacist to be the pharmacist-in-charge of the business.\nMaximum penalty: If the offender is an individual – 500 penalty\nunits.\nIf the offender is a body corporate –\n2 500 penalty units.\n(2) An authorised pharmacy business owner must notify the Pharmacy\nCommittee of an appointment being made under subclause (1) as\nsoon as practicable after it is made.\nMaximum penalty: If the offender is an individual – 20 penalty\nunits.\nIf the offender is a body corporate –\n100 penalty units.\n(3) An authorised pharmacy service provider must not open the\npharmacy department from which the service is provided unless the\nowner has appointed a pharmacist to be the pharmacist-in-charge\nof the department.\nMaximum penalty: If the offender is an individual – 500 penalty\nunits.\nIf the offender is a body corporate –\n2 500 penalty units.\n\nSchedule 7 Pharmacies\nHealth Practitioners Act 2004 35\n(4) An authorised pharmacy service provider must notify the Pharmacy\nCommittee of an appointment being made under subclause (3) as\nsoon as practicable after it is made.\nMaximum penalty: If the offender is an individual – 20 penalty\nunits.\nIf the offender is a body corporate –\n100 penalty units.\n(5) A pharmacist-in-charge appointed under this clause is responsible\nfor the conduct of the pharmacy business or pharmacy service\nundertaken at the pharmacy or pharmacy department for which he\nor she is appointed.\n(6) An appointment cannot be made under this clause if the effect is\nthat a pharmacist would be appointed pharmacist-in-charge of more\nthan one pharmacy or pharmacy department.\n8. Pharmacy superintendent\n(1) A person who owns more than one pharmacy or pharmacy\ndepartment must appoint a pharmacist to be the pharmacy\nsuperintendent for those pharmacies or pharmacy departments.\nMaximum penalty: If the offender is an individual – 500 penalty\nunits.\nIf the offender is a body corporate –\n2 500 penalty units.\n(2) A person who makes an appointment under subclause (1) must\nnotify the Pharmacy Committee of the appointment being made as\nsoon as practicable after it is made.\nMaximum penalty: If the offender is an individual – 20 penalty\nunits.\nIf the offender is a body corporate –\n100 penalty units.\n(3) A pharmacy superintendent appointed under this clause is\nresponsible for the conduct of the pharmacy businesses or\npharmacy services undertaken at the pharmacies or pharmacy\ndepartments for which he or she is appointed.\n\nSchedule 7 Pharmacies\nHealth Practitioners Act 2004 36\n9. Pharmacy key holder\n(1) A person must not have in his or her possession the keys to a\npharmacy or pharmacy department unless he or she is a pharmacy\nkey holder for the pharmacy or pharmacy department or authorised\nby the pharmacy key holder.\nMaximum penalty: 50 penalty units.\n(2) A pharmacy key holder for a pharmacy or pharmacy department is:\n(a) the pharmacist-in-charge of the pharmacy or pharmacy\ndepartment; or\n(b) a pharmacist nominated by the pharmacist-in-charge of the\npharmacy or pharmacy department as a pharmacy key holder.\n(3) In this clause:\nkeys includes a device, code and any other mechanism to gain\naccess to a locked pharmacy or pharmacy department.\n10. Unauthorised use of certain titles\n(1) A person must not use the title \"pharmacy\", \"chemist\" or\n\"pharmaceutical chemist\", or a similar title, either alone or with\nother words, to describe premises unless those premises are used\nas a pharmacy.\nMaximum penalty: 25 penalty units.\n(2) Subclause (1) does not apply to an authorised pharmacy business\nowner who conducts a remote agency or depot and who advertises\nthe agency or depot at the premises from which the agency or\ndepot operates.\n(3) An advertisement referred to in subclause (2) must clearly indicate:\n(a) that the premises are only an agency or depot; and\n(b) that a full service is not available at the premises or that a\npharmacist is not on duty at the premises.\n(4) A person must not use the title \"pharmacy department\" or\n\"pharmacy service\", or a similar title, either alone or with other\nwords, to describe premises unless the premises are a pharmacy\ndepartment.\nMaximum penalty: 25 penalty units.\n(5) An offence against this clause is a regulatory offence.\n\nSchedule 7 Pharmacies\nHealth Practitioners Act 2004 37\n11. Unconscionable conduct\nA person must not, either directly or indirectly, attempt to influence,\ncoerce or otherwise cause a pharmacist to engage in conduct that\ncontravenes this Act.\nMaximum penalty: 400 penalty units.\n\nENDNOTES\nHealth Practitioners Act 2004 38\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nHealth Practitioners Act 2004 (Act No. 21, 2004)\nAssent date 16 April 2004\nCommenced s 130 and sch 8: 23 February 2005; rem: 14 May 2004 (Gaz\nG19, 12 May 2004, p 4 and Gaz G8, 23 February 2005, p 2)\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nHealth Practitioner Regulation (National Uniform Legislation) Act 2010 (Act No. 2, 2010)\nAssent date 17 March 2010\nCommenced 1 July 2010 (s 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\n\nENDNOTES\nHealth Practitioners Act 2004 39\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 63, 147, 151, 153 and 154.\n4 LIST OF AMENDMENTS\nlt amd No. 18, 2010, s 23; No. 17, 2012, s 4\ns 3 amd No. 18, 2010, s 23; No. 17, 2012, s 5\ns 4 amd No. 18, 2010, s 4\nsub No. 17, 2012, s 6\namd No. 35, 2014, s 49\ns 6 sub No. 18, 2010, s 5\nrep No. 17, 2012, s 7\npt 2 hdg rep No. 17, 2012, s 7\ns 7 amd No. 18, 2010, s 6\nrep No. 17, 2012, s 7\nss 8 – 9 rep No. 17, 2012, s 7\nss 10 – 11 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 7\nss 12 – 18 rep No. 17, 2012, s 7\npt 2A hdg ins No. 18, 2010, s 7\namd No. 17, 2012, s 8\ns 18A ins No. 18, 2010, s 7\ns 18B ins No. 18, 2010, s 7\nsub No. 17, 2012, s 9\ns 18C ins No. 18, 2010, s 7\namd No. 38, 2014, s 2; No. 26, 2020, s 3\ns 18D ins No. 18, 2010, s 7\n\nENDNOTES\nHealth Practitioners Act 2004 40\ns 18E ins No. 18, 2010, s 7\namd No. 38, 2014, s 2\nss 18F – 18K ins No. 18, 2010, s 7\ns 18L ins No. 17, 2012, s 10\npt 3 hdg amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\npt 3\ndiv 1 hdg amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\ns 19 sub No. 18, 2010, s 8\nrep No. 17, 2012, s 11\npt 3\ndiv 2 hdg amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\ns 20 amd No. 18, 2010, ss 9 and 23\nrep No. 17, 2012, s 11\ns 21 rep No. 17, 2012, s 11\npt 3\ndiv 3 hdg rep No. 17, 2012, s 11\nss 22 – 26 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\npt 3\ndiv 4 hdg amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\nss 27 – 28 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\ns 29 rep No. 18, 2010, s 10\ns 30 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\npt 3\ndiv 5 hdg rep No. 17, 2012, s 11\nss 31 – 37 rep No. 17, 2012, s 11\npt 3\ndiv 6 hdg rep No. 17, 2012, s 11\ns 38 sub No. 18, 2010, s 11\nrep No. 17, 2012, s 11\ns 39 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\ns 40 amd No. 18, 2010, ss 12 and 23\nrep No. 17, 2012, s 11\nss 41 – 42 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\npt 3\ndiv 7 hdg amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\ns 43 rep No. 17, 2012, s 11\ns 44 rep No. 18, 2010, s 13\ns 45 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\ns 46 rep No. 17, 2012, s 11\nss 47 – 48 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\ns 49 rep No. 17, 2012, s 11\nss 50 – 54 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 11\npt 4 hdg sub No. 17, 2012, s 12\npt 3 hdg sub No. 35, 2014, s 50\n\nENDNOTES\nHealth Practitioners Act 2004 41\npt 3\ndiv 1 hdg rep No. 17, 2012, s 13\ns 55 rep No. 17, 2012, s 13\ns 56 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 13\nss 57 – 60 rep No. 17, 2012, s 13\ns 61 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 13\ns 62 rep No. 17, 2012, s 13\npt 3\ndiv 2 hdg rep No. 17, 2012, s 14\ns 63 amd No. 7, 2007, s 16; No. 2, 2010, s 10; No. 18, 2010, s 23; No. 17, 2012,\ns 15\nsub No. 35, 2014, s 50\ns 64 amd No. 2, 2010, s 11; No. 17, 2012, s 16\nsub No. 35, 2014, s 50\npt 3\ndiv 3 hdg rep No. 17, 2012, s 17\ns 65 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 17\nins No. 35, 2014, s 50\ns 66 rep No. 17, 2012, s 17\nins No. 35, 2014, s 50\ns 67 rep No. 17, 2012, s 17\npt 3\ndiv 4 hdg rep No. 17, 2012, s 17\ns 68 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 17\ns 69 rep No. 17, 2012, s 17\ns 70 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 17\npt 3\ndiv 5 hdg rep No. 17, 2012, s 18\npt 4 hdg ins No. 17, 2012, s 19\ns 71 amd No. 18, 2010, s 23; No. 17, 2012, ss 20 and 49\ns 72 amd No. 17, 2012, s 49; No. 8, 2016, s 45\ns 73 amd No. 18, 2010, s 23; No. 17, 2012, ss 21 and 49\npt 5 hdg rep No. 17, 2012, s 22\nss 74 – 82 rep No. 17, 2012, s 22\npt 6 hdg rep No. 17, 2012, s 22\npt 6\ndiv 1 hdg rep No. 17, 2012, s 22\ns 83 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 22\ns 84 rep No. 17, 2012, s 22\npt 6\ndiv 2 hdg rep No. 17, 2012, s 22\nss 85 – 87 rep No. 17, 2012, s 22\npt 6\ndiv 3 hdg rep No. 17, 2012, s 22\nss 88 – 93 rep No. 17, 2012, s 22\npt 6\ndiv 4 hdg rep No. 17, 2012, s 22\ns 94 rep No. 17, 2012, s 22\ns 95 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 22\nss 96 – 98 rep No. 17, 2012, s 22\npt 7 hdg rep No. 35, 2014, s 51\n\nENDNOTES\nHealth Practitioners Act 2004 42\ns 99 amd No. 18, 2010, ss 14 and 23; No. 17, 2012, s 23\nrep No. 35, 2014, s 51\ns 100 amd No. 17, 2012, ss 24 and 49\nrep No. 35, 2014, s 51\npt 8\ndiv 1 hdg rep No. 17, 2012, s 25\ns 101 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 25\ns 102 rep No. 17, 2012, s 25\ns 102A ins No. 18, 2010, s 15\nrep No. 17, 2012, s 25\nss 103 – 104 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 25\ns 105 rep No. 17, 2012, s 25\npt 8\ndiv 2 hdg rep No. 17, 2012, s 26\ns 106 amd No. 18, 2010, s 23\nsub No. 17, 2012, s 27\namd No. 35, 2014, s 52\ns 107 amd No. 17, 2012, s 49\ns 108 amd No. 40, 2010, s 118; No. 17, 2012, s 28; No. 35, 2014, s 53\ns 109 sub No. 17, 2012, s 29\ns 110 amd No. 18, 2010, s 23\nsub No. 17, 2012, s 29\namd No. 35, 2014, s 54\ns 111 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 29\npt 9 hdg amd No. 17, 2012, s 30\ns 112 amd No. 18, 2010, s 23\nsub No. 17, 2012, s 31\namd No. 35, 2014, s 55\ns 113 rep No. 17, 2012, s 31\ns 114 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 31\nss 115 – 117 rep No. 17, 2012, s 31\ns 118 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 31\ns 119 amd No. 17, 2012, s 49\ns 120 amd No. 18, 2010, s 23; No. 17, 2012, ss 32 and 49; No. 35, 2014, s 56\ns 121 amd No. 18, 2010, s 23; No. 17, 2012, ss 33 and 49; No. 35, 2014, s 57\ns 123 rep No. 17, 2012, s 34\nss 125 – 126 rep No. 17, 2012, s 34\ns 127 sub No. 26, 2015, s 56\ns 128 amd No. 18, 2010, s 23\nrep No. 17, 2012, s 34\ns 129 rep No. 17, 2012, s 34\ns 130 rep No. 18, 2010, s 16\npt 9\ndiv 3 hdg rep No. 17, 2012, s 34\nss 132 – 133 rep No. 17, 2012, s 34\npt 10 hdg ins No. 18, 2010, s 17\nrep No. 17, 2012, s 34\nss 134 – 143 ins No. 18, 2010, s 17\nrep No. 17, 2012, s 34\npt 11 hdg ins No. 18, 2010, s 17\ns 144 ins No. 18, 2010, s 17\npt 12 hdg ins No. 18, 2010, s 17\n\nENDNOTES\nHealth Practitioners Act 2004 43\npt 12\ndiv 1 hdg ins No. 17, 2012, s 35\ns 145 ins No. 18, 2010, s 17\ns 146 ins No. 18, 2010, s 17\namd No. 17, 2012, s 36\ns 147 ins No. 18, 2010, s 17\namd No. 17, 2012, s 37\ns 148 ins No. 18, 2010, s 17\npt 12\ndiv 2 hdg ins No. 17, 2012, s 38\nss 149 – 151 ins No. 18, 2010, s 17\nexp s 151 (as ins No. 18, 2010, s 17)\nins No. 17, 2012, s 38\nss 152 – 153 ins No. 17, 2012, s 38\npt 13 hdg ins No. 18, 2010, s 17\nsub No. 17, 2012, s 39\nexp s 156 (as ins No. 17, 2012, s 39)\nins No. 35, 2014, s 58\nss 154 – 156 ins No. 17, 2012, s 39\nexp s 156 (as ins No. 17, 2012, s 39)\nins No. 35, 2014, s 58\nss 157 – 158 ins No. 35, 2014, s 58\npt 14 hdg ins No. 26, 2015, s 57\ns 159 ins No. 26, 2015, s 57\nsch 1 amd No. 18, 2010, s 18\nrep No. 17, 2012, s 40\nsch 2 amd No. 18, 2010, ss 19 and 23; No. 17, 2012, ss 41 and 49; No. 8, 2016,\ns 45\nsch 3 amd No. 18, 2010, ss 20 and 23; No. 17, 2012, ss 42 and 49\nsch 4 amd No. 40, 2010, s 118; No. 17, 2012, s 43\nrep No. 35, 2014, s 59\nsch 5 amd No. 7, 2007, s 16; No. 17, 2012, ss 44 and 49\nrep No. 35, 2014, s 59\nsch 6 amd No. 17, 2012, s 45\nrep No. 35, 2014, s 59\nsch 7 sub No. 18, 2010, s 21\nrep No. 17, 2012, s 46\nsch 8 amd No. 18, 2010, ss 22 and 23; No. 17, 2012, ss 47 and 49\nsch 9 – 10 rep No. 17, 2012, s 48","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2004 form. The original Act appears to have been a comprehensive health practitioner registration and regulation statute. However, the 2010 and 2012 amendments transferred most health practitioner registration functions to the national scheme (Health Practitioner Regulation National Law), leaving this Act as a 'stub' focused primarily on: (1) pharmacy premises regulation via the Pharmacy Premises Committee, and (2) Tribunal functions for disciplinary matters. Large swathes of the original Act were repealed in 2012 (Parts 2, 3 Divisions 1-7, Parts 5-6, etc.), and the Act now functions largely as enabling legislation for the national law and specific NT pharmacy controls. The scope has narrowed from broad practitioner regulation to specific pharmacy premises oversight and transitional machinery."},"complexity_factors":["Extensive transitional provisions (Parts 11-14) dealing with multiple implementation Acts across 2010, 2012, 2014 and 2015, creating parallel historical frameworks","Heavy reliance on external legislation - the Health Practitioner Regulation National Law (NT) is referenced throughout as the primary source of definitions and regulatory framework, making this Act incomplete without cross-referencing","Multiple nested schedules (Schedules 2, 3, and 7) containing substantive operational rules rather than mere administrative details","Conditional exceptions to pharmacy ownership rules in Schedule 7 (grandfathering for pre-2005 owners, exemptions for Aboriginal health services, administrators of estates/bankruptcies)","Complex Tribunal composition requirements with specific qualifications and alternative arrangements for different hearing types (section 63)","Dual penalty structures distinguishing between individual and body corporate offenders throughout Schedule 7 and Part 8","Interaction between this Act and the Northern Territory Civil and Administrative Tribunal Act 2014, with specific transitional rules for pending matters"],"plain_english_summary":"This Northern Territory law sets up two key bodies to oversee health practitioners, particularly pharmacists, and ensures pharmacy businesses operate safely and legally.\n\n**What it does:**\n\n*   **Pharmacy Premises Committee:** Establishes a committee (mostly pharmacists plus one consumer representative) that regulates pharmacy businesses. It sets standards for pharmacy premises, investigates compliance, prosecutes offences, and can appoint inspectors with powers to enter premises, seize documents, and ask questions.\n*   **Health Practitioner Review Tribunal:** Sets up a special tribunal (now part of the broader Civil and Administrative Tribunal) to hear complaints and appeals about registered health practitioners. The Tribunal must include a lawyer, a practitioner from the relevant health profession, and a layperson representing consumer interests.\n*   **Pharmacy ownership rules:** Restricts who can own a pharmacy business—generally only registered pharmacists (or partnerships/corporations of pharmacists). Aboriginal health services and friendly societies can get exemptions. There are grandfathering protections for owners before February 2005.\n*   **Operational requirements:** Requires pharmacies to have a pharmacist-in-charge and a pharmacy superintendent if there are multiple sites. Premises must meet standards set by the Pharmacy Committee.\n*   **Offences and enforcement:** Creates offences for dishonesty during investigations, obstructing inspectors, threatening witnesses, failing to comply with Tribunal orders, and corporate officers being liable for company offences. It also protects whistleblowers and Committee members from legal liability when acting in good faith.\n\n**Who it affects:**\n\n*   Pharmacists and pharmacy business owners in the NT\n*   Aboriginal health services operating pharmacies\n*   Registered health practitioners facing complaints or disciplinary action\n*   Consumers of pharmacy and health services\n\n**Why it matters:**\n\nThe law protects public health by ensuring only qualified people own and run pharmacies, maintaining professional standards, and providing a fair process for investigating practitioner misconduct. It balances professional self-regulation with consumer protection and government oversight."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has been narrowed and refocused over time by incorporating the Health Practitioner Regulation National Law (NT) and related implementation provisions. The text preserves local regulation of pharmacy premises and pharmacy business conduct (establishing the Pharmacy Committee and Schedule 7) while transferring practitioner registration, many disciplinary functions and certain tribunal processes to the national scheme (see Part 12, ss 145–148 and Division 2 ss 149–152). The amendments create a hybrid regulatory architecture: local control over pharmacy ownership, premises standards and inspection/enforcement (s 18C; Schedule 7), and national control over practitioner registration and some complaint processes (Parts 12–13)."},"complexity_factors":["Multiple institutional layers: Minister, Pharmacy Committee, Registrar, inspectors, Tribunal, National Boards (see ss 18B, 18G, 71, 63, Part 12).","Detailed, prescriptive operational rules in Schedule 7 (ownership, supervision, pharmacist‑in‑charge, premises standards) combined with significant criminal and regulatory penalties.","Strong investigatory powers for inspectors including entry, search, seizure and warrant processes (ss 72–73) with linked offences for obstruction and misleading information (ss 106–108).","Significant administrative discretion (Ministerial exemptions, fee determinations, Committee policies) intersecting with procedural safeguards and confidentiality rules (Schedule 7 cl 2(2)–(3); s 18L; Schedule 3 cl 6; s 110(3)).","Interlocking transitional provisions transferring functions to the national law and preserving pending matters (Parts 12–13), which complicates which regime applies to particular complaints or proceedings.","Corporate liability rules that extend criminal liability to executive officers with complex defences and compliance‑step tests (s 127).","Multiple amendment and commencement layers across years (see endnotes), which increases interpretive difficulty for which provisions are currently operative in particular contexts."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a Pharmacy Premises Committee (\"Pharmacy Committee\") (s 18A) as a corporate body with a common seal and powers to acquire property and sue or be sued.\n- Sets how the Committee is formed and runs: 4 ministerial appointees (3 pharmacists and 1 consumer representative) (s 18B), meeting rules and disclosure/confidentiality requirements (Schedule 2 & Schedule 3), a Minister‑appointed Registrar (s 18G), power to delegate (s 18F), and an ability to publish policies/guidelines for pharmacists (s 18E).\n- Gives the Committee functions to administer and enforce the pharmacy rules in Schedule 7 (including monitoring, investigating and prosecuting breaches) and to advise the Minister (s 18C). The Minister may set fees payable to the Committee; the Committee may waive fees (s 18L).\n- Creates inspection and enforcement tools: the Committee may appoint inspectors (s 71) who — on producing ID — may enter premises with consent or enter open health‑service premises, ask questions, inspect, copy and seize documents and things, test equipment and seek warrants from a justice of the peace (ss 72–73).\n- Prescribes offences and penalties for dishonesty, obstruction, failure to assist inspectors, threats/intimidation, unlawful disclosure of Committee proceedings and other conduct (Part 8, especially ss 106–110). It also allows the Secretary to prohibit convicted offenders from operating a health‑service business (s 119).\n- Sets specific rules for pharmacies and pharmacy services in Schedule 7: who may own or control a pharmacy or pharmacy service (cl 2–3); premises standards and supervision requirements (cls 4–6); requirements for pharmacist‑in‑charge and pharmacy superintendents (cls 7–8), limits on key‑holders (cl 9), controls on the use of the words \"pharmacy/chemist\" (cl 10) and a prohibition on unconscionable attempts to force pharmacists to break the Act (cl 11). Penalties are tiered and higher for bodies corporate (Schedule 7).\n- Confers Tribunal functions and procedure for health practitioner matters and interaction with the national law, including Tribunal constitution rules (s 63), powers to consider additional notifications (s 65) and to order medical examinations at the National Board's expense where reasonable (s 66).\n- Contains transitional provisions implementing the Health Practitioner Regulation National Law (NT) and other later amendments, moving many registration and practitioner regulation functions to the national scheme while preserving processes for pending matters (Part 12 and later Parts).\n\nWhy the law says it exists\n\n- The Act states its objectives as protecting and promoting Territory public health and safety and promoting the highest standard of health care services (s 3). The text then assigns the Pharmacy Committee the task of administering pharmacy premises standards and enforcing Schedule 7 (s 18C(1)). Transitional provisions record the handover of practitioner registration and other functions to the Health Practitioner Regulation National Law (Parts 12–13).\n\nHow this will affect people and organisations (who pays, who decides, what changes)\n\n- Who decides: the Minister appoints Committee members (s 18B) and the Registrar (s 18G), may determine fees (s 18L) and may grant limited exemptions for Aboriginal health services or friendly societies (Schedule 7 cl 2(2)–(3)). The Pharmacy Committee itself sets standards for premises (Schedule 7 cl 4; s 144), issues policies/guidelines (s 18E) and can appoint inspectors (s 71).\n- Who pays: pharmacy owners and operators bear compliance costs — meeting premises standards (Schedule 7 cl 4), staffing and supervision (Schedule 7 cls 5–8), notification and administrative obligations (e.g. notify Committee of pharmacist appointments, Schedule 7 cls 7(2), 7(4)), potential fines (Schedule 7 and Part 8) and legal costs if subject to investigation or Tribunal proceedings. The National Board pays for Tribunal‑ordered medical examinations (s 66(1)). The Minister may set fees payable to the Committee (s 18L).\n- Behaviour changes required: owners must ensure authorised ownership forms (Schedule 7 cl 2–3), maintain pharmacist supervision while open (Schedule 7 cl 5), appoint and notify pharmacist‑in‑charge and cannot appoint a pharmacist‑in‑charge to more than one site (Schedule 7 cl 7(6)); keep keys controlled (cl 9); avoid misleading public use of titles (cl 10). Individuals must not obstruct inspectors or provide misleading information during investigations (ss 72, 106–108). Committee members and those providing information in good faith have statutory immunities (ss 18J, 112).\n\nCosts, incentives, trade-offs and compliance burden (source‑linked)\n\n- Ownership restrictions (Schedule 7 cl 2–3) limit who may own or control a pharmacy or pharmacy service to pharmacists, pharmacist partnerships or pharmacist‑owned corporations, unless the Minister grants an exemption for certain public/Aboriginal providers (cl 2(2)–(3)). Mechanically, this reduces outside or non‑pharmacist investment options and concentrates ownership opportunities among authorised pharmacists (Schedule 7 cls 2–3). Penalties are substantial (Schedule 7 cl 2 maximums). This creates a direct regulatory barrier to acquisition/entry by non‑pharmacist investors and affects contracting and corporate structuring decisions.\n- Operational requirements (premises standards, continuous pharmacist supervision, pharmacist‑in‑charge and superintendent roles in Schedule 7 cls 4–8) impose ongoing staffing and premises compliance costs and limit certain scaling behaviours (for example, a pharmacist may not be appointed pharmacist‑in‑charge of more than one site, Schedule 7 cl 7(6)). Those rules change how businesses organise labour, open hours and multi‑site management.\n- Enforcement powers and penalties (ss 71–73, Part 8) give the Committee and its inspectors strong investigatory tools — entry, search, seizure, and the ability to require production of registration certificates (s 73(i)–(k)). These powers increase regulatory compliance risk and the cost of non‑compliance (seizure, fines, imprisonment for serious obstruction or bribery of inspectors — s 72(7)).\n- Discretion and decision‑making: the Minister can grant exemptions to ownership rules (Schedule 7 cl 2(2)–(3)) and appoint Committee members and the Registrar (s 18B, s 18G). The Pharmacy Committee can delegate functions (s 18F), publish guidance (s 18E) and exercise broad powers to do all things necessary to perform its functions (s 18D). These points concentrate decision rights in Ministerial and Committee hands and create areas where administrative discretion will determine outcomes.\n- Protections and limits: the Act grants immunity to Committee members, delegates and people providing information in good faith (ss 18J, 112), which lowers legal risk for officials and informants. The Secretary may prohibit convicted offenders from operating a health‑service business (s 119), a significant sanction on business continuity. Criminal liability can extend to executive officers of bodies corporate for corporate contraventions (s 127), subject to defences based on reasonable steps.\n\nInteractions with national regulation and transitional effects\n\n- The Act includes transitional provisions to implement the Health Practitioner Regulation National Law (NT) and to move practitioner registration and many disciplinary functions onto the national framework; the Act treats certain complaints, pending matters and principal place of practice records as matters for the National Board or the Tribunal under national law (see Parts 12–13, especially ss 145–148, 149–152). Those provisions change the scope of local regulation and allocate costs and responsibilities between local bodies (Committee, Tribunal, Secretary) and the national scheme (National Boards).\n\nImplementation risks and concrete trade‑offs\n\n- Concentrated benefit vs diffuse cost: ownership and operational restrictions concentrate benefits for authorised pharmacists (Schedule 7 cl 2–3; cl 7 responsibilities) while imposing compliance and staffing costs broadly on pharmacy businesses and consumers through potential cost‑pass through.\n- Discretion and capture risk: Ministerial exemptions (Schedule 7 cl 2(2)–(3)), Committee policy‑making (s 18E) and fee‑setting (s 18L) are administered discretely and can materially affect market participants; the text gives grounds (s 18C(1)(b)) for advising the Minister but leaves choices to officials. The law provides statutory transparency mechanisms (annual report, s 18K) and public meetings rules (Schedule 3 cl 6), but also allows exclusion and suppression of information for specified reasons (Schedule 3 cl 6(2)–(3)) and prohibits disclosure contrary to Committee orders (s 110(3)), which limits public visibility in some cases.\n- Compliance burden & operational constraints: continuous pharmacist supervision (Schedule 7 cl 5), single appointment limits for pharmacist‑in‑charge (cl 7(6)) and key‑holder rules (cl 9) increase labour costs and constrain flexible staffing models.\n- Enforcement intensity: inspectors have wide powers (ss 72–73) and the Act creates significant penalties for obstruction, misleading statements and intimidation (ss 106–109). Those enforcement tools make regulatory risk palpable for businesses and individuals.\n\nShort summary (one sentence)\n\nThe Act establishes a local regulatory structure (the Pharmacy Premises Committee, inspectors and Tribunal procedures) and detailed rules (Schedule 7) governing who may own and operate pharmacies, how pharmacy premises must be supervised and inspected, and how breaches are investigated and punished, while transitioning many practitioner‑registration functions to the Health Practitioner Regulation National Law (NT) (see s 18C; Part 12)."}},"importantCases":[],"_links":{"self":"/api/acts/health-practitioners-act-2004","history":"/api/acts/health-practitioners-act-2004/history","analysis":"/api/acts/health-practitioners-act-2004/analysis","conflicts":"/api/acts/health-practitioners-act-2004/conflicts","importantCases":"/api/acts/health-practitioners-act-2004/important-cases","documents":"/api/acts/health-practitioners-act-2004/documents"}}