sec.88Requirements for temporary operators of pharmacy businesses

sec.88 Requirements for temporary operators of pharmacy businesses

This section applies to a person (a temporary operator ) who carries on a pharmacy business, after the pharmacy business licence for the business stops having effect, for a period as permitted under this part. The temporary operator must carry on the pharmacy business only at or from the premises in relation to which the pharmacy business licence was in effect. Maximum penalty—200 penalty units. For subsection (2) , the temporary operator carries on the pharmacy business at or from the premises if the pharmacy services the business provides are provided— entirely at the premises; or mainly at the premises and also partly at another place, as long as the pharmacy services provided at the other place— do not involve the compounding or dispensing of a medicine, or the selling of a medicine other than on prescription, at the place; and are provided under the direction or control of a practising pharmacist employed or otherwise engaged by the operator. administering vaccinations in a way, and at a place, authorised under the Medicines and Poisons Act 2019 conducting a medication review at an aged-care facility providing health-related information at a community event The temporary operator must, unless the operator has a reasonable excuse, ensure a practising pharmacist is personally present at the premises at all times the business is open, other than for— a period, or periods totalling, not more than 1 hour in a day; or another period or periods approved by the council. Maximum penalty—50 penalty units. The temporary operator must, unless the operator has a reasonable excuse, give the council notice of the name of each practising pharmacist— under whose direction or control pharmacy services are to be provided under subsection (3) (b) (ii) ; or who is to be personally present at the premises at a time the pharmacy business is open under subsection (4) . The temporary operator must give the council notice of the name of each practising pharmacist who is to be personally present at the premises at a time the pharmacy business is open, unless the temporary operator has a reasonable excuse. Maximum penalty—50 penalty units. In deciding whether to approve another period under subsection (4) (b) , the council must have regard to needs of customers of the pharmacy services provided by the pharmacy business. A temporary operator who carries on a pharmacy business for a period approved by the council under this part must comply with— any condition stated in the approval; and a condition of the pharmacy business licence for the business, to the extent— the condition relates to the carrying on of the business; and the condition is not inconsistent with a condition mentioned in paragraph (a) . Maximum penalty—200 penalty units. A condition of the pharmacy business licence is taken to continue in effect to the extent necessary for subsection (8) (b) . s 88 amd 2025 No. 21 s 19 (sec.88-ssec.1) This section applies to a person (a temporary operator ) who carries on a pharmacy business, after the pharmacy business licence for the business stops having effect, for a period as permitted under this part. (sec.88-ssec.2) The temporary operator must carry on the pharmacy business only at or from the premises in relation to which the pharmacy business licence was in effect. Maximum penalty—200 penalty units. (sec.88-ssec.3) For subsection (2) , the temporary operator carries on the pharmacy business at or from the premises if the pharmacy services the business provides are provided— entirely at the premises; or mainly at the premises and also partly at another place, as long as the pharmacy services provided at the other place— do not involve the compounding or dispensing of a medicine, or the selling of a medicine other than on prescription, at the place; and are provided under the direction or control of a practising pharmacist employed or otherwise engaged by the operator. administering vaccinations in a way, and at a place, authorised under the Medicines and Poisons Act 2019 conducting a medication review at an aged-care facility providing health-related information at a community event (sec.88-ssec.4) The temporary operator must, unless the operator has a reasonable excuse, ensure a practising pharmacist is personally present at the premises at all times the business is open, other than for— a period, or periods totalling, not more than 1 hour in a day; or another period or periods approved by the council. Maximum penalty—50 penalty units. (sec.88-ssec.5) The temporary operator must, unless the operator has a reasonable excuse, give the council notice of the name of each practising pharmacist— under whose direction or control pharmacy services are to be provided under subsection (3) (b) (ii) ; or who is to be personally present at the premises at a time the pharmacy business is open under subsection (4) . (sec.88-ssec.6) The temporary operator must give the council notice of the name of each practising pharmacist who is to be personally present at the premises at a time the pharmacy business is open, unless the temporary operator has a reasonable excuse. Maximum penalty—50 penalty units. (sec.88-ssec.7) In deciding whether to approve another period under subsection (4) (b) , the council must have regard to needs of customers of the pharmacy services provided by the pharmacy business. (sec.88-ssec.8) A temporary operator who carries on a pharmacy business for a period approved by the council under this part must comply with— any condition stated in the approval; and a condition of the pharmacy business licence for the business, to the extent— the condition relates to the carrying on of the business; and the condition is not inconsistent with a condition mentioned in paragraph (a) . Maximum penalty—200 penalty units. (sec.88-ssec.9) A condition of the pharmacy business licence is taken to continue in effect to the extent necessary for subsection (8) (b) .