Div 7Related provisions

Division 7—Related provisions 64—Authorised officers (1) The Minister may, on the recommendation of the Authority, appoint a suitably qualified person to be an authorised officer for the purposes of this Part. (2) An appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit. (3) An authorised officer (other than the General Manager if appointed as an authorised officer) is subject to direction by the General Manager. (4) The Minister may vary or revoke an appointment at any time. (5) An authorised officer may investigate any matter relevant to the operation, administration or enforcement of this Part. (6) For the purposes of an investigation, an authorised officer may— (a) at any reasonable time, enter and inspect registered premises or premises on which the authorised officer reasonably suspects an offence against this Part has been or is being committed; or (b) with the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any premises referred to in paragraph (a); or (c) while on premises entered under paragraph (a) or (b), seize and retain anything found on the premises that the authorised officer reasonably believes may afford evidence relevant to the matters under investigation; or (d) require any person who has possession of documents or records relevant to the matters under investigation to produce those documents or records for inspection, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; or (e) inspect any documents or records produced to the authorised officer and retain them for such reasonable period as the authorised officer thinks fit, and make copies of the documents or records; or (f) require any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the authorised officer in relation to those matters; or (g) take photographs, films or video or audio recordings; or (h) if the authorised officer reasonably suspects that an offence against this Part has been or is being committed, require the suspected offender to state his or her full name and address. (7) An authorised officer must not exercise the power conferred by subsection (6)(a) in relation to any residential premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate. (8) A magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances. (9) The person in charge of premises at the relevant time must give an authorised officer such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised. (10) A person who— (a) hinders or obstructs an authorised officer in the exercise of powers conferred by this section; or (b) uses abusive, threatening or insulting language to an authorised officer; or (c) refuses or fails to comply with a requirement of an authorised officer under this section; or (d) when required by an authorised officer to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or (e) falsely represents, by words or conduct, that he or she is an authorised officer, (11) If a person is required to provide information or to produce a document, record or equipment under this section and the information, document, record or equipment would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or produce the document, record or equipment, but the information, document, record or equipment so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than an offence against this or any other Act relating to the provision of false or misleading information. 65—False or misleading statement A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Part. Maximum penalty: $20 000. 66—Disclosure of information (1) The Authority may disclose any information obtained by the Authority while acting under this Part to the National Agency or to a National Board if the disclosure is reasonably required in connection with any aspect of the administration or operation of the Health Practitioner Regulation National Law (including any disciplinary or criminal proceedings under that Law). (2) The Authority may act under subsection (1) even if the information was obtained by the Authority in confidence. 67—Use of word "pharmacy" A person must not, in the course of carrying on a business, use the word "pharmacy" to describe premises that are not registered as a pharmacy or pharmacy depot under this Part. 68—Providers of pharmacy services to be indemnified against loss (1) A person must not, unless exempt by the Authority, provide pharmacy services unless insured or indemnified in a manner and to the extent approved by the Authority against civil liabilities that might be incurred by the person in connection with the provision of pharmacy services. (1a) A person who holds a proprietary interest in a pharmacy business under section 26(2) will be taken to provide pharmacy services under subsection (1). (2) The Authority may, subject to such conditions as it thinks fit, exempt a person, or a class of persons, from the requirements of this section and may, whenever it thinks fit, revoke an exemption or revoke or vary the conditions under which an exemption operates. 69—Information relating to claims If a person has claimed damages or other compensation from a person for alleged negligence committed by the person in connection with the provision of pharmacy services, the person must— (a) within 30 days after the claim is made; and (b) within 30 days after any order is made by a court to pay damages or other compensation in respect of that claim or any agreement has been entered into for payment of a sum of money in settlement of that claim (whether with or without a denial of liability), provide the Authority with prescribed information relating to the claim. 70—Punishment of conduct that constitutes an offence If conduct constitutes an offence and is also a ground for disciplinary action under this Part, the taking of disciplinary action under this Part is not a bar to conviction and punishment for the offence, nor is conviction and punishment for the offence a bar to disciplinary action under this Part. 71—Evidentiary provision In proceedings for an offence against this Part, an allegation in a complaint— (a) that premises specified in the complaint are or are not, or were or were not, on a specified date, registered on the register of pharmacies or the register of pharmacy depots; (b) that a person named in the complaint is, or was on a specified date, a pharmacy services provider; (c) that the person named in the complaint is, or was on a specified date, occupying a position of authority in a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider, must be accepted as proved in the absence of proof to the contrary. 72—Vicarious liability for offences (1) If a body corporate is guilty of a prescribed offence, each person occupying a position of authority in the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by an individual unless the person occupying the position of authority proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. (2) If a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each person occupying a position of authority in the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that— (a) the person knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the person was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the person failed to exercise due diligence to prevent the commission of the offence. (3) Subsection (2) does not apply if the principal offence is an offence against section 42, 44, 45, 47, 50(4), 58, 64, 65 or 69. (4) The regulations may make provision in relation to the criminal liability of a person occupying a position of authority in a body corporate that is guilty of an offence against the regulations. prescribed offence means an offence against section 50(1), 51, 55 or 67.