Div 5Restrictions relating to provision of pharmacy services

Division 5—Restrictions relating to provision of pharmacy services 51—Restrictions relating to provision of pharmacy services (1) A person must not provide a restricted pharmacy service unless— (a) in the case of a natural person— (i) he or she is a qualified person and provides the service personally or through the instrumentality of a natural person who is a qualified person; or (ii) he or she is a pharmacist who does not hold a current authorisation to practise and provides the service through the instrumentality of a natural person who is a qualified person; (b) in the case of a body corporate— (i) the body corporate is a recognised corporate pharmacy services provider; and (ii) the body corporate provides the service through the instrumentality of a natural person who is a qualified person; (c) in the case of a trust (however constituted)— (i) the trust is a recognised trustee pharmacy services provider; and (ii) the trust provides the service through the instrumentality of a natural person who is a qualified person. Maximum penalty: $50 000 or imprisonment for 6 months. (1a) A person must not own, or hold a proprietary interest in, a pharmacy business unless that person is— (a) a pharmacist; or (b) a prescribed relative of a pharmacist who holds a proprietary interest in the pharmacy business; or (c) a recognised corporate pharmacy services provider; or (d) a recognised trustee pharmacy services provider; or (e) a partner in a partnership that carries on the business and in which every partner is either— (i) a pharmacist; or (ii) a prescribed relative of a partner who is a pharmacist; or (iii) a recognised corporate pharmacy services provider; or (iv) a recognised trustee pharmacy services provider. Maximum penalty: $50 000 or imprisonment for 6 months. (2) Subsections (1) and (1a) do not apply in relation to— (a) a restricted pharmacy service provided by a natural person who is an unqualified person if— (i) the person carried on a pharmacy business before 20 April 1972 and has continued to do so since that date; and (b) a restricted pharmacy service provided by the personal representative of a deceased pharmacist or person referred to in paragraph (a) if— (c) a restricted pharmacy service provided by the official receiver of a bankrupt or insolvent pharmacist if— (d) a restricted pharmacy service provided by a person vested by law with power to administer the affairs of a recognised corporate pharmacy services provider that is being wound up or is under administration, receivership or official management if— (ii) the service is provided through the instrumentality of a natural person who is a qualified person. (3) Subsection (1) does not apply in relation to a restricted pharmacy service provided by— (a) an unqualified person in prescribed circumstances; or (b) a person pursuant to an exemption under subsection (4). (4) The Minister may, by notice in the Gazette, exempt a person from subsection (1) if of the opinion that good reason exists for doing so in the particular circumstances of the case. (5) An exemption under subsection (4) may be subject to such conditions as the Minister thinks fit and specifies in the notice. (6) A person who contravenes, or fails to comply with, a condition of an exemption under this section is guilty of an offence. (7) The Minister may, by further notice in the Gazette, vary or revoke a notice under subsection (4). (8) In this section— qualified person, in relation to a restricted pharmacy service, means— (a) a person who holds a general registration under the Health Practitioner Regulation National Law to practise in the pharmacy profession; or (b) a person authorised by or under another Act to provide such a service.