Part 4Pharmacy practice

Part 4—Pharmacy practice 26—Interpretation (1) In this Part, unless the contrary intention appears— authorised officer means a person appointed to be an authorised officer under Division 7; Authority means the Pharmacy Regulation Authority SA constituted under this Part; dentist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist (other than as a student); and (b) in the dentists division of that profession; director of a body corporate means a member of the board or committee of management of the body corporate, whether validly appointed or not; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; friendly society means a company that is a friendly society under the Corporations Act 2001 of the Commonwealth and that— (a) provides mutual benefits to its members; and (b) is a non‑profit organisation; and (c) has at least 100 members; and (d) has a constitution that provides that the main object of the company is to carry on the business of pharmacy; Friendly Society Medical Association Limited means the friendly society registered under the Corporations Act 2001 of the Commonwealth as a public company under the name Friendly Society Medical Association Limited (ACN 088 347 602); General Manager means the General Manager of the Authority and includes a person for the time being acting in that position; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); Metropolitan Adelaide has the same meaning as in the Development Act 1993; pharmacist means a person registered under the Health Practitioner Regulation National Law in the pharmacy profession (other than as a student); pharmacist controlled company means a company within the meaning of the Corporations Act 2001 of the Commonwealth— (a) in which— (i) at least 1 director is a pharmacist; and (ii) every director is either a pharmacist or a prescribed relative of a pharmacist; and (b) where each holder of shares, or of a beneficial or legal interest in shares, in the company is— (i) a pharmacist or a prescribed relative of a pharmacist; or (ii) a recognised corporate pharmacy services provider; or (iii) a recognised trustee pharmacy services provider; and (c) in which a pharmacist is, or pharmacists are, entitled to control the exercise of at least 50% of the voting power— (i) at meetings of the directors of the company; or (ii) attached to voting shares issued by the company; pharmacist controlled trust means a trust where each trustee is— (a) a pharmacist; or (b) a prescribed relative of a pharmacist as long as at least 1 other trustee is a pharmacist; or (c) a pharmacist controlled company; or (d) a person of a prescribed class; pharmacy, in relation to premises, means premises registered on the register of pharmacies kept under this Part; pharmacy business means a business consisting of or involving the provision of pharmacy services; pharmacy depot means premises (other than a pharmacy) at which— (a) prescriptions for drugs or medicines are left for dispensing by a pharmacist; or (b) drugs or medicines dispensed by a pharmacist on prescription are left for collection by or on behalf of the person for whom the drugs or medicines are prescribed; pharmacy services or pharmacy means— (a) restricted pharmacy services; or (b) other health services (including the supply of goods and the provision of advice) provided in the course of practice by a pharmacist or a person who holds himself or herself out, or is held out by another, as a pharmacist; pharmacy services provider means— (a) any person who holds a proprietary interest in a pharmacy business; or (b) any person referred to in section 51(2); prescribed relative, in relation to a person, means a parent, spouse, domestic partner, child, grandchild, brother or sister of the person; proprietary interest, in relation to a pharmacy business, means a legal or beneficial interest, and includes an interest as— (a) a sole proprietor; or (b) a partner; or (c) a director, member or shareholder of a company, as defined in the Corporations Act 2001 of the Commonwealth; or (d) a trustee or beneficiary of a trust, and has the meaning affected by subsection (2); provide, in relation to pharmacy services, means provide services personally or through the instrumentality of another, and includes offer to provide; related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth; repealed Act means the Pharmacy Practice Act 2007; restricted pharmacy services means— (a) dispensing drugs or medicines on the prescription of a medical practitioner, dentist, veterinary surgeon or other person authorised to prescribe the drugs or medicines; or (b) other services declared by the regulations to be restricted pharmacy services; spouse—a person is a spouse of another if they are legally married; unprofessional conduct includes— (a) improper or unethical conduct in relation to professional practice; and (b) incompetence or negligence in relation to the provision of pharmacy services; and (c) a contravention of or failure to comply with— (i) a provision of this Act or the Health Practitioner Regulation National Law; or (ii) a code of conduct prepared or endorsed by the Authority under this Act; and (d) conduct that constitutes an offence punishable by imprisonment for 1 year or more under some other Act or law; veterinary surgeon means a person who is registered as a veterinary surgeon under the law of this State. (2) Without limiting the generality of the expression, a person will be taken to hold a proprietary interest in a pharmacy business if— (a) the person is a party to an arrangement of a kind prescribed by the regulations; or (b) the person, in the course of carrying on a business, provides a benefit to another for which the person is entitled to receive the profits or income, or a share in the profits or income, of a pharmacy business; or (c) the person has, under a franchise or other commercial arrangement, a right to receive consideration that varies according to the profits or income of a pharmacy business. (3) For the purposes of this Part, each of the following is a recognised corporate pharmacy services provider: (a) a pharmacist controlled company; (b) a friendly society; (c) a company that carried on a pharmacy business on 1 August 1942 and has continued to do so since that date other than— (i) Friendly Society Medical Association Limited; or (ii) The Mount Gambier United Friendly Societies Dispensary Limited. (4) For the purposes of this Part, a recognised trustee pharmacy services provider is any pharmacist controlled trust. (5) For the purposes of this Part, a person occupies a position of authority in a recognised corporate pharmacy services provider if the person— (a) is a director of the body corporate; or (b) exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or (c) manages, or is to manage, the business of the body corporate insofar as that business consists of the provision of pharmacy services; or (d) where the body corporate is a proprietary company—is a shareholder in the body corporate. (6) For the purposes of this Part, a person who holds more than 10% of the issued share capital of a public company will be regarded as a person occupying a position of authority in that company. (7) For the purposes of this Part, a person occupies a position of authority in a recognised trustee pharmacy services provider if the person is a trustee or beneficiary of the trust. (8) However— (a) a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not, for that reason, to be regarded as a person occupying a position of authority; and (b) a charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority; and (c) a reference in a preceding provision to a beneficiary of a trust is a reference to a beneficiary who receives distributions from the trust.