The Act creates a Tasmanian Pharmacy Authority that registers and regulates pharmacy premises, controls who may own or hold interests in pharmacy businesses, inspects premises, enforces standards, and funds itself by fees and fines. It applies to businesses that compound, dispense or sell regulated medicines and to owners/trustees of those businesses.
It matters because it centralises entry, ownership limits and premises rules to protect service quality, while imposing recurring compliance costs and changing investment and competition dynamics.
Mechanically, the Act creates and centralises a statutory regulatory scheme for who may own or operate pharmacy businesses in Tasmania, how pharmacy business premises are registered, and how compliance and enforcement are exercised. The Act establishes the Tasmanian Pharmacy Authority (the Authority) as a corporate body with specific functions (s6, s8), provides for appointment of members and a Registrar (s7, s14), funds the Authority by fees, fines and other receipts (s17, s77), and requires annual reporting and audited accounts (s19, s20). The Authority may issue non‑statutory guidelines (s11) and make delegated arrangements for staff and services (s10, s15). It also operates a dedicated Pharmacy Business Premises Register (s71L-71N).
On ownership and interests, the Act requires persons who intend to hold an interest in a pharmacy business to apply for an eligibility certificate unless exempt (s61B), defines eligibility (s61C) and creates limited exemptions (s61D). It caps the number of pharmacy businesses in which a person may have an interest at four (s65). The eligibility rules restrict ownership to pharmacists or pharmacist‑dominated bodies corporate (s61C), specify who counts as a close relative (s61A(3)), and allow the Authority to refuse or renew certificates with procedural protections (s61B, s61E).
On premises, it makes it an offence to carry on a pharmacy business from premises that are not registered (s71C) subject to limited exemptions (s71J). The registration regime covers application, suitability criteria (including an express prohibition on premises wholly or partly within a supermarket) (s71D, s71E), annual renewal and lapsing (s71G, s71K; see definition of lapsing date at s3), approvals for alterations (s71KB-71KE), reporting obligations for disruptive or major events (s71KF, s71KG), and a publicly inspectable register with privacy carve‑outs (s71L-71O).
Current sections
Direct links to the current provisions in Pharmacy Control Act 2001.
(a) 30 June or, if another date is prescribed for the provision, that other date; or
(b) if the Authority determines in respect of a particular person, pharmacy business or pharmacy business premises that a date other than the date specified or prescribed under paragraph (a) of this definition should be the lapsing date for the provision, the other date so determined by the Authority for that person or business or those premises;
[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]owner, of a pharmacy business, means the person or persons for the time being holding an eligibility certificate and named in the certificate of registration for the relevant pharmacy business premises;
dispensing, of narcotic substances or restricted substances, means preparing the narcotic substances or restricted substances for sale or supply to members of the public;
preparing includes packaging, labelling and recording.
(2) In this section, the following expressions have the same meaning as they have in the Poisons Act 1971 –
(a) medicinal poison;
(b) narcotic substance;
(c) potent substance;
(d) restricted substance.
(3) For the purposes of this Act, a business is a pharmacy business if it involves any or any combination of the following activities:
(a) the compounding or dispensing, by a pharmacist, of narcotic substances and restricted substances on the prescription or lawful request of a medical practitioner or other health professional;
(b) the sale or supply, by a pharmacist, of potent substances;
(c) the sale or supply, by a pharmacist or by an employee of that pharmacist under his or her supervision, of medicinal poisons that are in the possession, custody or control of that or another pharmacist.
(4) To avoid doubt, a business that is carried on by a person to whom section 27 of the Poisons Act 1971 applies is not a pharmacy business for this Act.
(1) For the purposes of this Act, the expression interest in a pharmacy business means any legal or beneficial interest in the business, including 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; or
(d) a trustee or beneficiary of, or unit holder in, a trust.
(2) Without limiting the generality of subsection (1) , a person will be taken to have an interest in a pharmacy business for the purposes of this Act if the person is party to an arrangement of a kind prescribed by the regulations.
(a) the business of a licensed manufacturing chemist or licensed wholesale chemist, within the meaning of the Poisons Act 1971 ; or
(b) a person who is authorised under the Poisons Act 1971 to sell or supply a scheduled substance, within the meaning of that Act, other than a pharmacist.
5A
Inconsistency between Act and Health Practitioner Regulation National Law (Tasmania)
5A Inconsistency between Act and Health Practitioner Regulation National Law (Tasmania)
[Section 5A Inserted by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] In the event of an inconsistency between a provision of this Act and the Health Practitioner Regulation National Law (Tasmania), the provisions of the Health Practitioner Regulation National Law (Tasmania) prevail.
(a) two pharmacists nominated by the Secretary; and
(b) one person, who is not a pharmacist, nominated by the Secretary to represent the interests of consumers.
(2) The members are appointed by the Minister.
(3) The Secretary, on the recommendation of the members, must appoint a member as chairperson.
(4) For the purpose of making nominations under subsection (1)(a) , the Secretary may –
(a) request any body that purports to represent the professional interests of pharmacists to provide the Secretary within 28 days of the date of the request with a list of names; and
(b) accept a recommendation from any body that purports to represent the professional interests of pharmacists or from any pharmacist; and
(c) accept an expression of interest from any pharmacist.
(5) Schedule 1 has effect with respect to membership of the Authority.
(6) Schedule 2 has effect with respect to meetings of the Authority.
(1) The Authority may issue guidelines from time to time to provide practical guidance and direction to persons on the registration and renewal of registration of pharmacy business premises and other matters under this Act.
(2) The guidelines –
(a) are to be written in plain language, follow a consistent style and format, and be as brief as possible consistent with their intended application; and
(b) may be made so as to apply differently according to such matters, limitations or restrictions, whether as to time, location, circumstance or otherwise, as are specified in them; and
(c) may confer responsibilities and discretionary responsibilities on the Authority; and
(d) may not purport to impose sanctions for any failure to comply with them; and
(e) may not contain provisions that are repugnant to the provisions of this or any other Act.
(3) In the event that the provisions of any guideline are inconsistent with the provisions of any Act, the provisions of the Act always prevail.
(4) The Authority may publish guidelines as it thinks fit having regard to their intended application.
(5) No fee is chargeable or payable for issuing, supplying, obtaining or accessing a copy of any guidelines.
(1) The Authority may establish such committees as it considers necessary for the purpose of assisting it in the performance of any of its functions or the exercise of any of its powers or advising it on any matter relating to this Act.
(2) Except as otherwise provided in this Act –
(a) a committee comprises such persons as the Authority appoints; and
(b) a member of the Authority may be a member of a committee.
(3) A member of a committee is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Authority may from time to time determine and any such remuneration is to be paid by the Authority.
(4) The Authority may give written directions to a committee and the committee must comply with any such directions.
(5) A committee must keep accurate minutes of its proceedings.
(6) Except as otherwise provided in this Act, a committee may regulate its own proceedings.
(1) The Authority may arrange with the Head of an Agency, within the meaning of the State Service Act 2000 , for the services of persons employed in that Agency to be made available to the Authority.
(2) The Authority may arrange with any other person for the services of persons employed by that person to be made available to the Authority.
(3) The cost of making a person's services available to the Authority in accordance with this section is to be met by the Authority.
(1) A person engaged in the administration of this Act does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for that purpose.
(2) A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint.
(1) The Authority is to keep such authorised deposit-taking institution accounts as it considers necessary.
(2) The funds of the Authority are to be paid to the credit of such of the accounts referred to in subsection (1) as the Authority determines and are to consist of –
(a) money received by way of fees, fines, penalties and charges paid to or recovered by the Authority; and
(b) any money borrowed by the Authority; and
(c) any money received by the Authority from other sources.
(3) The funds of the Authority are to be applied –
(a) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Authority in the performance of its functions and the exercise of its powers; and
(b) in the payment of any remuneration payable by the Authority.
(4) The Authority may invest any money that it is holding in any manner in which a trustee is authorised by law to invest trust funds.
(1) The Authority must, not later than 31 August after the end of each financial year, give the Minister a report on its operations for that financial year.
(2) The report is to incorporate the audited statement of accounts prepared for the relevant financial year under section 19 .
(3) The Minister may, in writing, direct the Authority to prepare the report in a particular way or to include particular information in the report.
(4) The report may be appended to an annual report of the Department.
(6) If the Authority's report is not appended to an annual report of the Department, the Minister must cause the Authority's report to be laid before each House of Parliament by not later than 31 October after the end of the financial year to which it relates.
(a) the Authority reasonably suspects that a person may be operating a pharmacy business in breach of this Act; or
(b) the Authority reasonably suspects that a person may be operating a pharmacy business from premises that may not be suitable for registration having regard to the matters set out in section 71E ; or
(c) the Authority receives a referral of a complaint from the Health Complaints Commissioner; or
(d) the Authority receives a request from a registration Board to inspect any premises; or
(e) premises sought to be registered are being made ready to be used or have been made ready to use for the purposes of a pharmacy business; or
(f) premises registered as pharmacy business premises have been, or are being, renovated or altered; or
(g) the Authority wishes to carry out a random inspection on registered pharmacy business premises for the purposes of auditing those premises against the matters set out in section 71E –
the Authority may, in writing, authorise a person to act as an inspector.
(b) require the person apparently in charge of the premises to produce for inspection any document held at the premises;
(c) inspect and take notes of or extracts from any such document;
(d) make a copy of any such document;
(e) ask questions of and require answers from persons on the premises;
(f) take photographs;
(g) open and inspect containers or packages that the inspector reasonably suspects are used for the purpose of, or in connection with, the practice of pharmacy;
(h) examine or test any equipment held on the premises;
(a) grant the person reasonable access to the document or to a copy of the document; or
(b) provide the person with a copy or certified copy of the document; or
(c) retain a copy of the document and return the original to the person.
(4) A person must not give, agree to give or offer to an inspector a gift, reward or other inducement to do or abstain from doing anything in relation to an inspection.
(b) containing copies of any photographs or documents and particulars of any test, examination or items seized during the course of the inspection; and
(c) advising any recommendations of the inspector.
(1) Following receipt of a report from an inspector under section 59 , the Authority may make a decision –
(a) that no further action be taken; or
(b) that action is required by the relevant party to ensure that the premises are suitable for use as pharmacy business premises; or
(c) that the premises are being unlawfully used as pharmacy business premises.
(2) [Section 59A Subsection (2) substituted by No. 22 of 2016, s. 9, Applied:01 Jan 2017] If the Authority determines that action is required by the relevant party pursuant to subsection (1)(b) , the Authority may direct the relevant party to carry out specified works or actions in relation to the pharmacy business premises and, if it considers it appropriate to do so in the circumstances, further direct the relevant party to close, and not trade from, the pharmacy business premises until those works or actions have been carried out.
(3) If the Authority determines that the premises are being unlawfully used as pharmacy business premises pursuant to subsection (1)(c) , the Authority may take appropriate action in accordance with this Act to prevent the further unlawful use of the premises as pharmacy business premises.
(4) The Authority is to serve a notice of its decision made under subsection (1) on the relevant party.
(5) The written decision of the Authority is to contain the following information:
(i) a general description of the work to be carried out at the premises; and
(ii) whether the decision includes a direction under subsection (2)(b) that the pharmacy business premises be closed until the work or actions have been carried out; and
(iii) the day on which the decision is to take effect; and
(iv) the relevant party's right to appeal against the decision to the responsible tribunal under section 60 ;
(a) a relevant party's right to appeal the decision of the Authority; or
(b) the responsible tribunal's power to order a stay of the decision; or
(c) the Authority's power to prosecute for an offence committed under this Act.
(8) If the Authority's decision under subsection (1)(b) or (c) takes effect, the Authority may do any or all of the following:
(a) give notice of its decision to a registration board and such other bodies as it considers appropriate;
(b) give notice of its decision to the Secretary;
(c) cause notice of its decision to be published in the Gazette, in any newspaper or in any professional publication related to the practice of pharmacy;
(d) cause notice of its decision to be published in any other way it considers appropriate.
(9) The Authority may not do any of the things specified in subsection (8) until –
(a) the expiration of the period within which the relevant party may lodge an appeal against the decision; or
(b) if the relevant party lodges an appeal against the decision, the decision is affirmed or varied by the responsible tribunal or the appeal is withdrawn.
(10) The Authority, as an alternative to taking action under subsection (2)(a) or (b) , may accept an undertaking from the relevant party to take or refrain from taking specified action either generally or within a specified period of time.
(11) If the Authority has appointed an inspector following the referral of a complaint from the Health Complaints Commissioner, the Authority must, within a reasonable period, notify the Health Complaints Commissioner of the outcome of the inspection, including details of any notice served under subsection (4) .
(12) If the Authority has appointed an inspector following a request from a registration board, the Authority must, within a reasonable period, notify the relevant registration board of the outcome of the inspection, including details of any notice served under subsection (4) .
and the relevant party fails to comply with the direction or undertaking, the Authority may take action under section 71H .
(2) The Authority may not take action under section 71H until –
(a) the expiration of the period within which the relevant party may lodge an appeal against the decision; or
(b) if the relevant party lodges an appeal against the decision, the decision is affirmed or varied by the responsible tribunal or the appeal is withdrawn.
(2) This Part does not apply to a pharmacy business located wholly within a hospital operated by an agency or instrumentality of the Crown in right of Tasmania or the Commonwealth.
(b) the son, daughter, grandson or granddaughter of the pharmacist; or
(c) any child of the spouse of the pharmacist, of whom the pharmacist is not the natural parent; or
(d) the father, stepfather, mother or stepmother of the pharmacist; or
(e) the brother, step-brother, sister or step-sister of the pharmacist;
spouse, in relation to a pharmacist, includes a person who is in a significant relationship with the pharmacist within the meaning of the Relationships Act 2003 .
61B
Applying to hold an interest in pharmacy business
61B Applying to hold an interest in pharmacy business
(4) The Authority may waive all or part of the application fee.
(5) The Authority, after considering an application for an eligibility certificate may –
(a) issue an eligibility certificate; or
(b) refuse to issue an eligibility certificate.
(6) The Authority must issue an eligibility certificate to an applicant if –
(a) the applicant is an eligible person within the meaning of section 61C ; and
(b) the applicant is a fit and proper person, and in the case of a body corporate each of its members is a fit and proper person, to hold an interest in a pharmacy business; and
(b) the end of the period of 14 days commencing on the day a change occurs in the matters relied upon in support of the application for the certificate.
(8) If the Authority refuses to issue an eligibility certificate, the Authority is to give the applicant notice of –
(b) in the case of a partnership, each member of the partnership is a pharmacist whether or not one or more of those pharmacists have had their registrations suspended within the meaning of the National Practitioner Regulation National Law (Tasmania); or
(i) the controlling interest in the body corporate is held by a pharmacist or by persons who are pharmacists; and
(ii) all the shares and the beneficial interest in those shares are held by pharmacists or close relatives of a pharmacist; and
(iii) control and supervision of any pharmacy services carried on by the pharmacy business are vested in a person who is a pharmacist or in persons who are pharmacists; or
(d) the person is a body corporate lawfully permitted to call itself a Friendly Society and –
(i) control and supervision of the pharmacy business is, or will be, vested in a pharmacist; and
(2) Nothing in this section prevents a person who is eligible under subsection (1) from holding the eligible person's interest on trust for a beneficiary if each beneficiary is –
(c) the person is the executor, administrator or trustee of the estate of a pharmacist who has died or become bankrupt while holding an interest in a pharmacy business, and –
(i) the executor, administrator or trustee notifies the Authority that it has assumed the interest within 14 days of so assuming; and
(ii) control and supervision of any pharmacy services carried on by that pharmacy business are vested in a pharmacist; and
(iii) a period not exceeding the duration of the eligibility certificate held by the pharmacist prior to his or her death or bankruptcy, or such longer time as the Authority determines, has not elapsed; or
(d) the person is an administrator or liquidator of a body corporate that has become insolvent while holding an interest in a pharmacy business and –
(i) the administrator or liquidator notifies the Authority that it has assumed the interest within 14 days of so assuming; and
(ii) control and supervision of any pharmacy services carried on by that pharmacy business are vested in a pharmacist; and
(iii) a period not exceeding the duration of the eligibility certificate held by the body corporate prior to its insolvency, or such longer time as the Authority determines, has not elapsed; or
(e) the person assumes the administration of the property of a pharmacist under a mortgage, bill of sale or security interest and –
(i) the person notifies the Authority within 14 days of so assuming; and
(ii) control and supervision of any pharmacy services carried on on the property are vested in a pharmacist; and
(iii) a period not exceeding the duration of the eligibility certificate held by the pharmacist prior to the assumption of the pharmacist's property, or such longer time as the Authority determines, has not elapsed.
(1) On or before the lapsing date each year, the holder of an eligibility certificate may apply for the renewal of the eligibility certificate.
(2) An application for renewal of an eligibility certificate is to be –
(a) in an approved form; and
(b) lodged with the Authority; and
(c) accompanied by the prescribed renewal fee, if any; and
(d) accompanied by such information or evidence as the Authority requires.
(3) The Authority may, upon receipt of an application for renewal of an eligibility certificate, require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.
(4) The Authority may waive all or part of the fee.
(5) The Authority, after considering an application for renewal of an eligibility certificate may –
(a) renew an eligibility certificate; or
(b) refuse to renew an eligibility certificate.
(6) The Authority may refuse to renew an eligibility certificate if –
(b) the Authority reasonably believes that the applicant no longer meets the criteria for eligibility set out in section 61B(6) ; or
(c) the Authority is satisfied that the facts or matters relied upon in support of the original application, including, in the case of a body corporate, details of its membership, have changed; or
(d) the application is made more than 30 days after the lapsing date.
(7) If the Authority refuses to renew an eligibility certificate, the Authority is to give the applicant notice of –
(8) A person who applies after the lapsing date but within 30 days after the due date is liable to pay the prescribed late fee.
(9) If a person applies for a renewal of an eligibility certificate on or before the lapsing date in accordance with subsection (1) or within 30 days after the lapsing date in accordance with subsection (8) , the eligibility certificate is taken to continue until the earlier of the following:
(a) the date upon which the Authority renews the eligibility certificate;
(b) the date upon which the Authority gives a notice under subsection (7) .
(10) Nothing in this section prevents a person from applying for a new eligibility certificate where the facts and matters relied upon in support of the original application, including, in the case of a body corporate, details of its membership, have changed.
61F
Persons are not required to hold more than one eligibility certificate
61F Persons are not required to hold more than one eligibility certificate
(1) Subject to section 65 , an eligibility certificate has effect for multiple pharmacy businesses and, accordingly, a person who holds an interest in more than one pharmacy business is not required to hold more than the one eligibility certificate in respect of those interests.
(2) However, subsection (1) applies only if, and only to the extent that, the person holds the various interests in the same legal capacity.
Penalty: Fine not exceeding 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.
(2) A person who holds an eligibility certificate must not hold an interest in a pharmacy business if the person knows or ought to know that the facts relied upon in support of the application for an eligibility certificate have changed and the person has not, within 14 days since the change, applied for a new eligibility certificate.
Penalty: Fine not exceeding 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.
Penalty: Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
(1) A person must not make or produce, or cause to be made or produced, a false or misleading statement, either orally or in writing, in connection with –
(3) [Section 70 Subsection (3) amended by No. 47 of 2010, s. 27, Applied:01 Feb 2011] If a person objects to answering a question or producing a document on the grounds that to do so may tend to incriminate the person, the answer to the question or the contents of the document are not admissible in evidence in any other proceedings in relation to the person, other than proceedings in relation to an offence under section 68 or in relation to an appeal under Part 5 .
(i) his or her registration as a pharmacist under the Health Practitioner Regulation National Law (Tasmania) is suspended or cancelled or made subject to a condition or another restriction; or
(ii) he or she is charged, whether in this State or elsewhere, with an offence punishable by imprisonment for a term of 12 months or longer; or
(iii) he or she is convicted of, or is the subject of a finding of guilt for, an offence, whether in this State or elsewhere, punishable by imprisonment; and
(b) for a body corporate, there is a change to the membership or particulars of the body corporate; and
(c) for any person –
(i) the person's authority under a law of a State or Territory to obtain, possess, sell or supply a scheduled medicine or a class of scheduled medicines is cancelled or restricted; or
(ii) there is a change of trustees, beneficiaries or, if applicable, unit holders of a trust in which the person has any legal or equitable interest, being a trust that holds an interest in a pharmacy business in this State;
[Section 70A Subsection (1) amended by No. 22 of 2016, s. 18, Applied:01 Jan 2017]scheduled medicine means a substance included for the time being in Schedule 2, 3, 4 or 8 to the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) produced by the Australian Committee for Chemicals Scheduling (AACS), being a committee of the regulatory body known as the Therapeutic Goods Administration (TGA), which is a part of the Commonwealth Government Department responsible for the administration of the Therapeutic Goods Act 1989 ;
(2) A person who holds an eligibility certificate must, within 14 days after becoming aware that a relevant event has occurred in relation to that person, give the Authority written notice of the event.
Penalty: Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
induce means induce by making a threat or offering approval, encouragement or a reward.
(2) A person must not direct, induce, assist or allow a person to engage in any conduct that the person knows, or ought to know, constitutes or is reasonably likely to constitute a breach of this Act.
(a) the standard or proposed standard of presentation of the premises, including the external appearance and internal fittings; and
(b) the physical condition of the premises, and the condition of associated amenities such as lighting, ventilation and sanitation; and
(c) the security of the premises and, in particular, the security of dispensing and storage areas; and
(d) key professional requirements such as the need for –
(i) professional supervision of the sale and supply of medicines and drugs; and
(ii) customer privacy and counselling; and
(iii) sufficient storage for medicines and drugs; and
(e) whether there is or will be reasonable public access to the premises and, in particular, access for disabled persons; and
(f) if there is or will be direct access to or from adjoining premises, the nature of the activities carried out on those adjoining premises; and
(g) any issues of compliance regarding State or council legislative requirements on matters such as fire safety and occupational health and safety; and
(h) in the case of leased premises, the terms of the lease.
(a) a supermarket is taken to be any large enclosed shop that primarily sells fresh and processed foods (including beverages) and where the selection of goods is organised on a self-serve basis, even though –
(i) customer advice may always or sometimes be available in the shop; and
(ii) customer service and assistance may always or sometimes be available in a part of the shop; and
(iii) other goods (including household goods like cleaning and kitchen products and personal care products like toiletries) may also be offered for sale in the shop; and
(b) a large enclosed shop that sells general merchandise (commonly known as a department store) is not taken to be a supermarket even though it may –
(i) contain a restaurant or café; or
(ii) sell specialty foods such as biscuits, confectionery and condiments.
(a) for individual premises or a class of premises; and
(b) unconditionally or on conditions.
(6) Without limiting subsection (5)(b) , the conditions of an exemption may restrict its operation according to matters or limitations, whether as to time, circumstance or otherwise, specified in the instrument of exemption.
(1) The registration of pharmacy business premises is from time to time renewable.
(2) To effect the renewal, the owner of the relevant pharmacy business is to lodge an application with the Authority on or before the lapsing date.
(3) The application is to be –
(a) in an approved form; and
(b) lodged with the Authority; and
(c) accompanied by the prescribed renewal fee, if any; and
(d) supported by such information or evidence as the Authority requires.
(4) The Authority may require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.
(5) The Authority may waive all or part of the renewal fee.
(6) If for any reason the application is not lodged on or before the lapsing date, the Authority may still consider the application if it is –
(a) lodged no later than 30 days after the lapsing date; and
(b) accompanied by, in addition to the renewal fee, the prescribed late fee.
(7) The Authority, after considering the application may –
(a) renew the registration; or
(b) refuse to renew the registration.
(8) The Authority may refuse to renew the registration if –
(b) the Authority reasonably believes that the pharmacy business premises no longer meet the criteria for eligibility having regard to the matters set out in section 71E(3) ; or
(c) the Authority is satisfied that material facts or matters relied upon in support of the original application, including, in the case of a body corporate, details of its membership, have changed; or
(d) the application is made more than 30 days after the lapsing date.
(9) If the Authority refuses to renew the registration, it is to give the applicant notice of –
(a) the refusal; and
(b) the reason for the refusal; and
(c) the right to appeal the refusal.
(10) If the application is made on or before the lapsing date or within 30 days after the lapsing date, the registration of the pharmacy business premises is taken to continue until the earlier of the following:
(a) the date upon which the Authority renews the registration;
(b) the date upon which the Authority gives a notice under subsection (9) .
(1) The owner of a pharmacy business must not cause or allow an alteration to be made to the relevant pharmacy business premises unless the alteration has been approved by the Authority.
Penalty: Fine not exceeding 20 penalty units.
(2) If a pharmacy business is owned by 2 or more persons jointly, the obligation of those persons under subsection (1) is joint and several but the discharge of that obligation by one owner also discharges the corresponding obligation of each other owner.
71KC
Applications for approval of alterations to pharmacy business premises
71KC Applications for approval of alterations to pharmacy business premises
(1) An application for an approval under section 71KB is to be –
(a) in an approved form; and
(b) signed by the owner of the relevant pharmacy business or, if it is jointly owned, at least one of the owners; and
(c) lodged with the Authority; and
(d) accompanied by the prescribed fee, if any; and
(e) accompanied by such information or evidence as the Authority requires.
(2) The Authority may require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.
(3) The authority may waive all or part of the fee.
71KD
Consideration of application for approval of alteration to pharmacy business premises
71KD Consideration of application for approval of alteration to pharmacy business premises
appropriate notice, of the occurrence of an event, means a notice advising, and setting out full particulars, of the event;
disruptive event, in relation to pharmacy business premises, means –
(a) a fire, flood or other damaging event that prevents, or is likely to prevent, a pharmacy business being carried on in or from the premises for an extended period; or
(b) an interruption to the supply of electricity, gas, water or another service to the premises that lasts, or is likely to last, for an extended period; or
(c) an event prescribed by the regulations;
extended period means a period exceeding 3 days.
(2) The owner of a pharmacy business must give the Authority appropriate notice of the occurrence of a disruptive event in relation to the relevant pharmacy business premises within 7 days after that occurrence.
Penalty: Fine not exceeding 2 penalty units.
(3) If a pharmacy business is owned by 2 or more persons jointly, the obligation of those persons under subsection (2) is joint and several but the discharge of that obligation by one owner also discharges the corresponding obligation of each other owner.
(4) A person who gives the Authority notice of the occurrence of a disruptive event under subsection (2) must, on written request, give the Authority any further information it may require concerning the disruptive event.
Penalty: Fine not exceeding 2 penalty units.
71KG
Notice of important events relevant to registration of pharmacy business premises
71KG Notice of important events relevant to registration of pharmacy business premises
appropriate notice, of the occurrence of an event, means a notice advising, and setting out full particulars, of the event;
major change, to leasehold arrangements, means –
(a) a transfer or assignment of the lease; or
(b) a change to the term of the lease (including the extension of term or renewal options, if any); or
(c) a change to the way in which the rent is calculated; or
(d) the expiration of the lease; or
(e) a change to the obligations of the parties for and in respect of the condition or maintenance of the premises leased.
(2) The owner of a pharmacy business must give the Authority appropriate notice within 14 days if –
(a) the person, or all persons, carrying on the pharmacy business abandon it; or
(b) the pharmacy business is, because of the retirement or physical incapacity of any person, or for any other reason, wound up; or
(c) there is a change in respect of any interests held in the relevant pharmacy business premises, whether as to the identity or number of the interest holders, the quantum, apportionment or legal nature of the interests or otherwise; or
(d) where the pharmacy business occupies the relevant pharmacy business premises under lease, there is a major change to the leasehold arrangements; or
(e) a prescribed event relevant to the registration of the relevant pharmacy business premises occurs.
Penalty: Fine not exceeding 2 penalty units.
(3) If a pharmacy business is owned by 2 or more persons jointly, the obligation of those persons under subsection (2) is joint and several but the discharge of that obligation by one owner also discharges the corresponding obligation of each other owner.
(4) A person who gives the Authority notice of the occurrence of an event under subsection (2) must, on written request, give the Authority any further information it may require concerning the event.
Penalty: Fine not exceeding 2 penalty units.
Division 5
[Division 5 of Part 6A Heading inserted by No. 22 of 2016, s. 33, Applied:01 Jan 2017] Register
Division 5 [Division 5 of Part 6A Heading inserted by No. 22 of 2016, s. 33, Applied:01 Jan 2017] Register
(a) the register made available for public inspection need not include the information or all of the information referred to in section 71L(4) ; and
(b) a copy of the register or a part of the register published in the Gazette need not include the information, or all of the information, referred to in section 71L(4) .
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
(1) For the purpose of assisting a registration board to perform its functions under any Act, the Authority may make available to the board any information that it receives in the administration of this Act.
(2) For the purpose of assisting the Health Complaints Commissioner to perform his or her functions under the Health Complaints Act 1995 , the Authority may make available to the Commissioner any information that it receives in the administration of this Act.
(2) A document may be given to another person by –
(a) in the case of an individual –
(i) handing it to the person; or
(ii) leaving it at, or sending it by post to, the person's postal or residential address or place of business or employment last known to the giver of the document; or
(iii) sending it by way of electronic mail to the person's electronic mail address.
(3) A document that is posted to a person is taken not to have been given to the person until the time when it would have been delivered in the ordinary course of post.
(1) If a body corporate commits an offence against this Act, each person concerned in the management of the body corporate is taken to have also committed the offence and may be convicted of the offence unless the person proves that the act or omission constituting the offence took place without the person's knowledge or consent.
(2) A person referred to in subsection (1) may be convicted of an offence against this Act whether or not the body corporate is charged with or convicted of the offence.
80
Regulations
80 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(a) provide that a contravention of any of the regulations is an offence; and
(b) in relation to any such offence, provide for the imposition of a fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.
(5) The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act.
(7) A provision of a regulation made pursuant to subsection (5) may, if the regulation so provides, take effect on the day proclaimed under section 2 or a later date.
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or
(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a period exceeding 12 months; or
(d) fails, without reasonable excuse, to comply with the obligation referred to in clause 5 of Schedule 2 ; or
(1) [Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011] An act or proceeding of the Authority or of a person acting under the direction of the Authority is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Authority.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
[Section 1 Amended by No. 47 of 2010, s. 5, Applied:01 Feb 2011] This Act may be cited as the Pharmacy Control Act 2001 .
2 Commencement
2 Commencement
This Act commences on a day to be proclaimed.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]applicant means a person who submits an application to the Authority;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]approved means approved by the Authority;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]Authority means the Tasmanian Pharmacy Authority established under section 6 ;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]certificate of registration means a certificate given by the Authority under section 71F ;
[Section 3 Amended by No. 62 of 2005, s. 4, Applied:15 Dec 2005]
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]chairperson means chairperson of the Authority;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]committee means a committee established by the Authority under section 13 ;
[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017] means a person who holds an eligibility certificate;
On compliance and enforcement, the Act authorises inspectors, sets out inspection powers including seizure and removal of documents (s59(1)-(2)), requires inspectors to report to the Authority (s59(5)), and gives the Authority a structured post‑inspection decision process (s59A). The Authority can direct remedial work, close premises, accept undertakings, publish notices (subject to appeal timing) and, where directions are not complied with, take action including suspension or cancellation of registration (s59A, s59B, s71H). The Act prescribes offences and penalties for unauthorised ownership (s62), breaches of the ownership cap (s65), misuse of the title “pharmacy” (s66), false statements (s68), obstruction (s69), inspection offences (s70), failure to notify relevant events (s70A), improper inducements (s70B), and failure to comply with Authority orders (s71). Appeal rights to the responsible tribunal are available (s60) with time limits for appeal and prosecution (s60(2), s67).
The Act also allocates administrative and financial arrangements: Treasurer’s Instructions apply to procurement and disposal (s12), the Authority may invest funds (s17(4)), and fees and fines are appropriated to the Authority and recoverable as debts (s77). The Act contains saving and transitional arrangements and repeals the earlier Pharmacy Act 1908 (s84, Sched 6). Multiple amendments and insertions are documented in the text (see the many amendment notes attached to sections throughout).
Main concepts
The Act operates around a small set of recurring statutory concepts and mechanisms that structure regulatory outcomes.
Tasmanian Pharmacy Authority (Authority). The Authority is the central corporate regulator (s6). Its functions include administering pharmacy premises registration, approving ownership and interests, ensuring standards of service, prosecuting offences under the Act, advising the Minister and performing prescribed functions (s8). It has general powers to do what is necessary to perform its functions and to share information with other regulatory bodies (s9). It may delegate most of its functions (s10), establish committees (s13), and appoint a Registrar (s14).
Eligibility certificate and eligible person. A person intending to hold an interest in a pharmacy business must generally obtain an eligibility certificate from the Authority (s61B). The statutory test of who is eligible is restrictive: natural persons must be pharmacists; partnerships must be made up of pharmacists; bodies corporate must have pharmacists as directors and members or close relatives with pharmacists controlling the corporate structure, and satisfy additional conditions about controlling interests and supervision (s61C). Friendly Societies with prior interests have a narrow saving (s61C(1)(d)). Exemptions from the requirement to obtain a certificate are specified (s61D).
Pharmacy business and interest in a pharmacy business. The Act defines "pharmacy business" by reference to activities (compounding/dispensing narcotics/restricted substances, sale of potent substances, sale of medicinal poisons by or under supervision of a pharmacist) and cross‑refers to definitions in the Poisons Act 1971 (s3A). "Interest in a pharmacy business" is broadly defined to include legal and beneficial interests (s3B), with regulations able to prescribe arrangements that amount to an interest (s3B(2)).
Registration of pharmacy business premises. Premises used for a pharmacy business must be registered (s71C) unless exempt (s71J). The Authority assesses suitability against an enumerated list of matters, including presentation, condition, security, professional requirements (privacy, supervision), disabled access and compliance with state and council requirements (s71E(3)). Premises located in or entered from a supermarket are excluded (s71E(2)(c)-(4)); the Act supplies a functional definition of "supermarket" (s71E(4)(a)) and an administrative route to a ruling from the Secretary if uncertain (s71E(5)-(6).
Inspections and post‑inspection powers. The Authority may authorise inspectors where it reasonably suspects unlawful operation or unsuitability, or for random audits and complaints (s59(1)). Inspectors have broad search and inspection powers at reasonable times, may seize evidence and remove documents to the Authority's custody (s59(2)(i)-(k)), and must report to the Authority (s59(5)). Following an inspection, the Authority may take a range of decisions, including requiring remedial work, ordering closure, or taking action to prevent unlawful use (s59A). Certain actions take effect notwithstanding an appeal (s59A(6)).
Record‑keeping and transparency. The Authority keeps the Pharmacy Business Premises Register and records owners, registration dates and addresses (s71L). The register is inspectable for a prescribed fee (s71M) and may be published in the Gazette (s71N), though the Authority may omit private information (s71O). The Authority can also publish guidelines (s11) which are non‑legislative instruments intended to guide practice but cannot themselves impose sanctions (s11(2)(d), (6)).
Enforcement, sanctions and review. The Act provides criminal and civil penalties expressed in penalty units for a range of contraventions (see s62, s65, s66, s68, s69, s70, s70A, s71KB). It provides for appeals to the responsible tribunal (s60) within 28 days (s60(2)) and sets a 24‑month time limit for commencing prosecutions (s67). The Authority may cancel or suspend registration (s71H) and accept undertakings (s59A(10)).
These concepts interact: eligibility rules (s61C) gate legal ownership interests (s61B, s62); registration of premises (s71C-71K) conditions where and how pharmacy services can be offered; inspections (s59) and post‑inspection decisions (s59A) are enforcement levers; and the register and reporting obligations (s71L-71N, s71KF-KG, s73) create information flows into the Authority. Regulations may extend the Authority’s delegated rulemaking capacity and prescribe fees and standards (s80).
Who it affects
The Act identifies a discrete set of stakeholders who bear primary obligations or are subject to controls.
Pharmacists. Natural‑person pharmacists are the primary class permitted to hold interests in pharmacy businesses (s61C(1)(a)). Pharmacy owners who are pharmacists must hold an eligibility certificate when intending to hold an interest (s61B(1)). Pharmacists also appear in the Authority’s membership model (the Authority consists of two pharmacists nominated by the Secretary and one consumer representative; s7).
Owners and prospective owners of pharmacy businesses. Any person or body corporate that intends to hold an interest in a pharmacy business must apply for an eligibility certificate unless they are an exempt person (s61B). Bodies corporate seeking to hold interests must meet the corporate ownership tests in s61C or fit in prescribed exemptions (s61C(1)(c)-(d)). Owners of pharmacy businesses are responsible for registering premises (s71D-71F), applying for renewal (s71K), notifying disruptive or major events (s71KF, s71KG), and complying with Authority directions and information requests (s59A, s73).
Tenants and landlords where pharmacy businesses are leased. The Authority may consider lease terms when assessing premises suitability (s71E(3)(h)). Major changes to leasehold arrangements are a notifiable event (s71KG(2)(d)). Leasehold changes can therefore trigger an obligation to notify the Authority within 14 days (s71KG(2)).
Bodies corporate, trustees and beneficiaries. The statutory definition of interest in a pharmacy business covers directors, shareholders, trustees, beneficiaries and unit holders (s3B(1)), and the Authority may require information about corporate membership, constitution, trusts and unit holders (s73(2)). Bodies corporate intending to be owners must satisfy the pharmacist‑control tests in s61C.
The Authority and its staff. The Authority itself is central, with functions for registration, approvals, enforcement, publishing guidelines and prosecution (s8). It appoints a Registrar (s14), may engage staff from other agencies (s15), and is subject to Treasurer’s Instructions for procurement (s12). The Authority also manages the register (s71L) and has financial responsibilities for accounts and audit (s19, s20).
Health Complaints Commissioner and registration boards. The Act creates information‑sharing pathways: the Authority may act on referrals from the Health Complaints Commissioner and must notify that Commissioner of inspection outcomes arising from such referrals (s59(1)(c), s59A(11)). The Authority may share information with registration boards and other relevant bodies (s9, s73A).
Consumers and the public. The Act’s suitability criteria for premises (s71E(3)(d)-(e)) explicitly protect aspects of customer service such as privacy and counselling, and the register is made public with privacy exceptions (s71M-71O). The prohibition on using the word "pharmacy" unless premises are registered (s66) affects business signage and consumer information.
Crown and hospitals. Several carve‑outs apply: Parts of the Act do not bind the Crown generally (s4) and Part 5A and Part 6A do not bind the Crown (s61A(1) and s71B(1)). The registration and eligibility regimes exclude pharmacy businesses wholly within hospitals operated by agencies of the Tasmanian or Commonwealth Crown (s61A(2), s71B(2)(a)).
Inspectors and enforcement officers. Inspectors authorised by the Authority exercise statutory inspection powers including entry, document inspection, seizure and removal (s59(1)-(2)). They must produce authorisation (s59(2)) and report (s59(5)). Persons interacting with inspectors (owners, pharmacists, staff) face obligations to attend inspections, produce documents and answer questions, subject to protection against self‑incrimination (s70(1)-(3)).
The Minister and Secretary. The Minister appoints members of the Authority (s7(2)) and may direct the Authority’s reporting content (s20(3)). The Secretary can be asked to rule on supermarket status for premises where the Authority is uncertain (s71E(5)-(6)).
In short, the Act places primary compliance obligations on pharmacists and any person holding an interest in a pharmacy business (s61B, s62), on owners of pharmacy business premises who must register and renew (s71C, s71K), on those who control or manage bodies corporate or trusts connected to pharmacy businesses (s3B, s73), and on persons who interact with inspections and information requests (s59, s73).
Key duties and rights
Duties
Duty to obtain an eligibility certificate. Any person who intends to hold an interest in a pharmacy business must apply for an eligibility certificate unless exempt (s61B(1)). Applications must be in an approved form, lodged with the Authority, accompanied by any prescribed fee and requisite evidence, and the Authority may require further information (s61B(2)-(3)). The Authority may waive fees (s61B(4)).
Duty to register premises and to maintain registration. A person must not use premises for a pharmacy business unless the premises are registered or exempt (s71C). Applications to register must be in an approved form with fees and information (s71D(2)-(4)). Registration is time‑limited and renewable (s71G, s71K). Owners must lodge renewal applications on or before the lapsing date (s71K(2)-(3)) and may pay late fees if applying within 30 days after the lapsing date (s71K(6)). The Authority may refuse renewal for specified reasons (s71K(8)).
Duty to keep the Authority informed. Owners must comply with information notices requiring material about corporate membership, trust deeds, partnership deeds and related matters (s73(1A)-(3)). Owners must notify the Authority of disruptive events within specified timeframes (s71KF(2)) and of major changes or prescribed events relevant to registration (s71KG(2)). Holders of eligibility certificates must notify the Authority within 14 days of a "relevant event" such as suspension of registration, criminal charges or changes to trustees or beneficiaries (s70A(2)).
Duty to obtain approval for alterations. Owners must not cause or allow alterations to pharmacy premises without Authority approval (s71KB(1)); applications for approval must be in an approved form with supporting information and fees (s71KC).
Duty to cooperate with inspections and information requests. The Authority may authorise inspectors who can enter premises, inspect documents, take copies and seize possible evidence (s59(1)-(2)). Persons must not obstruct inspectors (s69) and must attend inspections and produce documents and answers when required (s70(1)); answers and documents that may incriminate are protected from use in other proceedings except for certain offences (s70(3)).
Duty not to use the title "pharmacy" unlawfully. Only registered premises may be described as a "pharmacy" in the course of business (s66).
Rights
Right of appeal. Persons aggrieved by decisions of the Authority made for the purposes of the Act may appeal to the responsible tribunal (Tasmanian Civil and Administrative Tribunal) (s60(1)), with appeals to be instituted within 28 days after notice of the Authority's decision (s60(2)). Appeals exist against refusals to issue or renew eligibility certificates, refusals to register or renew premises, cancellations or suspensions (s61B(8), s61E(7), s71F(3), s71H(3)(d), s71K(9)).
Procedural notice rights. Where the Authority makes certain decisions after inspection (s59A), it must serve written decisions that contain reasons, actions required, effective dates, and details of appeal rights (s59A(4)-(5)). Where the Authority cancels or suspends registration it must give notice and reasons and state the right of appeal (s71H(3)).
Limited protection of documents. If documents are removed to the Authority's custody, the person may be given access, copies or certified copies, or the original returned with a copy retained at the Authority's discretion (s59(3)).
Continuity rights when applying to renew. Timely applications for renewal of an eligibility certificate or registration are taken to continue in force until the Authority decides (s61B(9), s71K(10)).
Rights to confidentiality at Authority meetings. Meetings of the Authority are open to the public except where the Authority, on compelling grounds, may exclude non‑members or prohibit reporting (Schedule 2 cl 6). The Act authorises non‑disclosure for privileged or confidential information or material concerning personal affairs (Schedule 2 cl 6(3)-(4)) and makes it an offence to breach an order of the Authority about disclosure (s71).
Mechanisms for compliance and enforcement bring together these duties and rights: inspection powers (s59), post‑inspection directions (s59A) that can take immediate effect despite appeal (s59A(6)), the suspension/cancellation regime (s71H), the register (s71L), and criminal/penalty sanctions (see multiple sections). The Act also allows the Authority to accept undertakings (s59A(10)) and to publicise decisions after appeal windows (s59A(8)-(9)).
Penalties and enforcement
The Act uses a combination of administrative remedies (directions, suspension, cancellation, publication), criminal penalties expressed in penalty units, and information and inspection powers to enforce its regime.
Key criminal penalties and their statutory locations
Unauthorised ownership: Holding an interest without an eligibility certificate (or when not an exempt person) is an offence carrying a fine of up to 200 penalty units and continuing fines of up to 20 penalty units per day (s62(1)). A holder of an eligibility certificate who fails to apply for a new certificate after relevant facts change within 14 days also faces the same maximum (s62(2)).
Ownership cap breach: Holding interests in more than four pharmacy businesses at one time is an offence with a maximum fine of 100 penalty units and continuing fines of up to 10 penalty units per day (s65(1)).
Misuse of title: A person must not use the word “pharmacy” in the course of business unless premises are registered; penalty up to 100 penalty units (s66).
False or misleading statements: Making a false or misleading statement in connection with an application or an inspection is an offence with a penalty up to 100 penalty units (s68(1)).
Obstruction: Obstructing, hindering, threatening or intimidating persons exercising powers or duties under the Act is an offence with penalty up to 100 penalty units (s69).
Inspection offences: Failure to attend an inspection, failure to produce documents or answer questions without reasonable excuse is an offence carrying fine up to 50 penalty units and continuing fines up to 5 penalty units per day (s70(1)). Bribery or inducement of an inspector is a separate offence carrying up to 25 penalty units (s59(4)).
Failure to notify relevant events: Holders of eligibility certificates must notify relevant events within 14 days; failure to notify attracts up to 100 penalty units and ongoing fines of 10 penalty units per day (s70A(2)).
Alterations without approval: Causing or allowing alterations without Authority approval is penalised up to 20 penalty units (s71KB(1)).
Breach of exemption conditions: Engaging in practice contrary to an exemption condition carries up to 25 penalty units (s71J(7)).
Administrative enforcement and other remedies
Inspections and seizure. Inspectors may enter premises, require documents, copy or remove documents to the Authority’s custody and seize items the inspector reasonably considers evidence of an offence (s59(2)(a)-(k)). Removed documents may be made available or returned under specified conditions (s59(3)).
Post‑inspection decisions. Following an inspection, the Authority may direct remedial work, close premises until remedial work is done, or determine premises are unlawfully used and take action to prevent further use (s59A(1)-(3)). The Authority’s written decision must contain reasons and appeal information (s59A(5)); some decisions take immediate effect notwithstanding appeal (s59A(6)).
Suspension and cancellation. The Authority may suspend or cancel registration where premises cease to be used as a pharmacy business, are no longer suitable (having regard to s71E(3)), or have failed to comply with Authority directions (s71H(1)-(2)). The Authority must give notice to owners and record cancellations/suspensions in the register (s71H(3)). Cancellation takes effect on notice (s71H(4)).
Undertakings and alternative enforcement. The Authority may accept undertakings instead of taking immediate action (s59A(10)). If directions are not complied with, the Authority may take action under s71H (s59B). The Authority may also publicise decisions in the Gazette or other forums after the appeal period (s59A(8)-(9)).
Procedural and temporal limits
Appeals. Aggrieved persons have a statutory right to appeal Authority decisions to the responsible tribunal (s60(1)); appeals must be instituted within 28 days of notice (s60(2)). The responsible tribunal can order a stay (s59A(7)(b)).
Prosecution time limit. Proceedings for an offence must be commenced within 24 months after the alleged offence (s67).
Information and document protections. Responses to inspection questions or production of documents may be compelled even if they tend to incriminate, but answers and documents are not admissible in other proceedings except for offences under s68 or appeals under Part 5 (s70(2)-(3)).
Financial and administrative enforcement
Fees and fines are payable to the Authority and recoverable as debts (s77(1)-(3)). The Authority funds its operations through authorised deposit institution accounts (s17), and is subject to audit and annual reporting obligations (s19-20).
Discretion and publication
The Authority has discretion to waive fees (s61B(4), s71D(4), s71KC(3), s71M(3), s71N(4)), to delegate functions (s10), to accept undertakings (s59A(10)), and to publish decisions and exemptions in the Gazette or other media (s59A(8), s71J(10)). The Act also allows the Authority to authorise matters to be determined by it under regulation (s80(3)(c)).
Taken together, enforcement combines statutory inspection powers, an administrative decision process that can have immediate operational effect, civil and criminal penalties, and information‑based controls via the register and reporting obligations.
How it interacts with other laws
The text contains multiple express cross‑references and carve‑outs that govern statutory relationships.
Health Practitioner Regulation National Law (Tasmania). The Act defers to the National Law in the event of inconsistency: where a provision of this Act is inconsistent with the Health Practitioner Regulation National Law (Tasmania), the latter prevails (s5A). The Act also defines "pharmacist" by reference to a person holding general registration under the Health Practitioner Regulation National Law (s3).
Poisons Act 1971. The meaning of "pharmacy business" imports several technical terms from the Poisons Act 1971 including "medicinal poison", "narcotic substance", "potent substance" and "restricted substance" (s3A(2)). The Act also does not apply to businesses to which s27 of the Poisons Act applies (s3A(4)). This cross‑link confines the Act’s substance regulation to the Poisons framework while using Poisons definitions to trigger registration or ownership requirements.
Health Complaints Act 1995 and registration boards. The Act creates information flows: the Authority may receive referrals of complaints from the Health Complaints Commissioner and must notify the Commissioner of inspection outcomes following referrals (s59(1)(c), s59A(11)). The Authority may share information with registration boards (s9, s73A(1)). This supports coordinated regulatory action but the Act does not displace the statutory functions of those bodies.
Financial Management Act 2016. Treasurer’s Instructions under the Financial Management Act apply to the Authority as if it were an Agency for procurement and disposal (s12). The Act therefore brings the Authority into broader public finance regimes.
Acts Interpretation and subordinate instruments. Guidelines issued by the Authority are not statutory rules for the purposes of the Rules Publication Act 1953 nor instruments of legislative character for the purposes of the Subordinate Legislation Act 1992, but they are taken to be instruments to which s22 of the Acts Interpretation Act 1931 applies (s11(6)-(7)). This places guidelines outside formal subordinate legislation while attaching some interpretive significance.
Administrative Arrangements and Ministerial oversight. Until an Administrative Arrangements order provides otherwise, administration is assigned to the Minister for Health and the Department of Health and Human Services (s81). The Minister may direct content of the Authority’s annual report (s20(3)), and appoint members of the Authority (s7(2)). These provisions situate the Authority within executive government while preserving its statutory functions.
Poisons, Public Health and other acts via consequential amendments. Schedule 6 lists consequential amendments to a range of Acts (Agricultural and Veterinary Chemicals Act; Poisons Act 1971; Public Health Act 1997; etc.) that were intended to align related regimes (Sched 6). The Act therefore operates as part of a network of health, poison, public health and regulatory statutes.
Legal protections and evidentiary rules. The Act modifies evidentiary use of compelled answers and documents: although persons may be required to answer or produce documents even if it may tend to incriminate them (s70(2)), such material is not admissible in other proceedings except for specified offences (s70(3)). This is a statutory analogue to immunity, narrowly limited.
Crown immunity and hospital carve‑outs. Certain parts of the Act do not bind the Crown (s4; Part 5A, s61A; Part 6A, s71B), and the registration and eligibility regimes do not apply to pharmacy businesses wholly within hospitals operated by Crown agencies (s61A(2), s71B(2)(a)). This creates parallel regulatory treatment for public hospitals.
Regulator coordination and limits. The Authority may share information with pharmacists registration authorities and other relevant bodies (s9). It may be asked to assist registration boards (s73A(1)). The Act also expressly defers to the Health Practitioner Regulation National Law on inconsistencies (s5A). These clauses define cooperative boundaries and avoid double‑regulation in specified respects.
In sum, the Act is deliberately networked into the broader health and administrative law environment: it imports technical medicines definitions from the Poisons Act, defers to the National Law on practitioner registration, subjects the Authority to public finance rules, establishes inter‑agency information sharing, and contains Crown and hospital carve‑outs. These interactions create shared competence but leave key discrete powers , ownership eligibility, premises registration, inspections and enforcement , under the Authority’s direct statutory control.
Amendment history
The text contains multiple explicit amendment annotations. The more significant structural and substantive changes recorded in the text are:
No. 47 of 2010 (applied 01 Feb 2011). This appears repeatedly as a major recast. It substituted Part 2 (establishing the Tasmanian Pharmacy Authority as currently framed), reworked membership provisions (s7), substituted core functional provisions (s8-s11), replaced many earlier Part 3 provisions (substantial repeals), and restructured inspection, enforcement and administrative provisions (including ss59-61 and many subsequent sections). The 2010 instrument also added the Authority’s corporate form (s6), revised delegation (s10), introduced guidelines provisions (s11), and updated committee, registrar and financial provisions (Schedules 1-2, ss14-20, s77). Numerous specific sections note "Substituted by No. 47 of 2010".
No. 62 of 2005 (applied 15 Dec 2005). Earlier amendments introduced the registration of pharmacy business premises scheme: s71E, s71F, s71G, s71H, s71I, s71J etc. Many sections dealing with premises registration were inserted by No. 62 of 2005 and then later adjusted (see s71D-71L annotations).
No. 22 of 2016 (applied 01 Jan 2017). This amendment modified the Act’s definitions and extended the registration/ownership regime: it inserted s3A and s3B clarifying "pharmacy business" and "interest in a pharmacy business", revised eligibility provisions (s61C), introduced provisions limiting scope and operation of eligibility certificates (s61A, s61E, s61F), added the alterations approval regime (ss71KA-71KE), and added registration notices for disruptive or major events (s71KF, s71KG). It also inserted an explicit Division headings in Part 6A.
No. 72 of 2004 and No. 4 of 2017 and other technical amending acts. The text records multiple other amendments affecting particular subsections, definitions and timings (see scattered amendment notes, e.g., s59 amendments in 2005, s12 amended by No. 4 of 2017 applied 01 Jul 2019).
No. 18 of 2021 (applied 05 Nov 2021). This amendment adjusted the responsible tribunal definition (s3) by specifying that "responsible tribunal" means the Tasmanian Civil and Administrative Tribunal (s3), and modified s60(1) to reflect that (s60 annotation).
No. 13/15/50/66/80 amendments. The text also contains references to other amending instruments that made targeted changes (for example s18 audit references, s19 accounts, s20 annual report amendments, s80 regulation powers). Schedules 1 and 2 were updated under No. 47 of 2010 and earlier.
Repeals and transitional changes. The Act repealed the Pharmacy Act 1908 (s84). Several sections and schedules were repealed or replaced at various amendment points (e.g., Part 3 repealed by No. 47 of 2010; Schedules 3-5 repealed by No. 47 of 2010).
The amendment annotations in the text are frequent and provide the statutory legislative history embedded in the operative text: for any compliance or transactional work, practitioners should look at the specific amendment notes on the sections of interest (each section in the supplied text is annotated with the amending instrument and date).
Litigation history
The provided text contains no case law citations and does not record any judicial decisions or Tribunal determinations. The Act itself references appeal rights to the responsible tribunal (s60) and notes that certain powers and consequential matters may be subject to review, but the source does not supply any reported litigation, administrative decisions, or judicial interpretation. Therefore, as supplied, there is no litigation history embedded in the statute text to review or cite.
Practitioners seeking authoritative interpretations or precedent will need to consult Tasmanian tribunal and court records for decisions under the Act; none are named or summarised in the provided legislative text.
Gotchas
The Act contains several technical features and timing traps that commonly create unintended non‑compliance or operational risk if overlooked.
Immediate effect decisions and appeal timings. The Authority’s post‑inspection decisions under s59A can include directions that the premises be closed and not trade until works are completed (s59A(2)). Section 59A(6) provides that decisions of that kind take effect notwithstanding the right of appeal. Although the responsible tribunal can order a stay (s59A(7)(b)), owners should not assume that lodging an appeal automatically suspends an Authority direction. This creates a potential operational discontinuity risk where an immediate compliance decision remains effective until stayed.
Lapsing date and continuity assumptions. The Act uses "lapsing date" as the recurring annual cut‑off for registration and certificates (s3 definition, s61B(7), s71G(1), s71K(1)). Certificates and registrations are time‑limited and may lapse annually. However, timely applications for renewal on or before the lapsing date (or within the allowed late period) are taken to continue until the Authority decides (s61B(9), s71K(10)). Practitioners should calendar lapsing dates and late application windows closely to avoid inadvertent lapses and continuing offence exposure (see s61E(8) late fee and s71K(6) late fee provisions). The Authority can determine a different lapsing date for particular persons or premises (s3 definition).
Ownership eligibility definitions are tight and composite. The eligibility rules (s61C) impose multiple cumulative requirements for bodies corporate: directors must be pharmacists, other members must be pharmacists or close relatives, the controlling interest must be held by pharmacists, and supervision and control of pharmacy services must be vested in pharmacists (s61C(1)(c)(i)-(iii)). A body corporate that fails any element risks refusal. The Act also takes a broad approach to "interest" (s3B) capturing not only legal title but beneficial interests, trust structures, and prescribed arrangements. Trusts and beneficiaries are covered both substantively and by information obligations (s73). Failure to disclose or to maintain alignment with application information triggers offences (s62(2)).
Supermarket exclusion is functional not nominal. The Act bans registration for premises located wholly or partly within a supermarket or capable of being entered from or used to gain entry to a supermarket (s71E(2)(c)). The statutory definition of "supermarket" (s71E(4)(a)) is functional and wide: any large enclosed shop that primarily sells fresh and processed foods in a self‑serve format qualifies, even if other goods or assistance are offered. Uncertainty about classification can be resolved by applying for a Secretary’s ruling (s71E(5)-(6)), but the practical implication is that planning for pharmacy premises near supermarkets requires early statutory risk assessment.
Information and disclosure obligations are broad and joint/several. The Authority can require owners to provide extensive information about corporate membership, shareholdings, trust deeds, partnership deeds and unit holders (s73(1A)-(2)). When a pharmacy is jointly owned, notice obligations are joint and several but discharge by one owner discharges the others for that notice (s71KF(3), s71KG(3), s73(4)). This joint and several structure creates downstream negotiation and contract considerations among co‑owners.
Inspection powers and document custody. Inspectors may remove documents to the Authority’s custody (s59(2)(k)). Although the Authority has discretion to allow access or return originals (s59(3)), the initial removal can disrupt operations, and owners should be prepared to request prompt access or certified copies where legitimate business continuity reasons exist.
Publication and privacy tensions. The Authority may publish the register or notices in the Gazette and other media (s71N, s59A(8)). Section 71O allows the Authority to withhold certain register information for privacy. Practitioners should not assume full anonymity: the Authority has discretion to publish, and the public nature of registration (s71M-N) creates reputational risk.
Multiple offence triggers for a single act. A single operational change (for example, a change of trustees or a material change in body corporate membership) can trigger several duties: the duty to notify (s70A or s71KG), the duty to apply for a new or renewed eligibility certificate if facts relied upon in the original application have changed (s61B(7), s61E(6)), and potential offences for non‑notification (s70A(2)) or for holding an interest that no longer meets eligibility (s62(2)). The 14‑day windows in s61B(7) and s70A(2) are short and operationally significant.
Delegation and guideline status. The Authority may issue guidelines that "may confer responsibilities and discretionary responsibilities on the Authority" but guidelines cannot impose sanctions and are not subordinate legislation (s11(2)(c), (d), (6)). Following guidelines is likely prudent compliance practice, but they are not themselves enforceable sanctions. At the same time, regulations may authorise matters to be determined by the Authority (s80(3)(c)), giving the Authority delegated regulatory discretion in areas permitted by regulation.
Penalty amounts expressed in penalty units. The Act uses penalty units across multiple sections (e.g., s62, s65, s66). The practical fine exposure depends on the current value of a penalty unit; practitioners must calculate in current terms rather than relying on the text alone.
Regulatory overlap and referrals. The Authority may act on referrals from the Health Complaints Commissioner and provide information to registration boards (s59(1)(c), s73A). A complaint in another forum can therefore trigger inspections and regulatory processes under this Act.
Understanding these "gotchas" helps identify where to focus operational controls: calendaring lapsing dates and renewal windows, structuring ownership to meet s61C tests, preparing for inspections, assembling trust and corporate documentation for rapid disclosure, and clearing supermarket/lease issues early.
How to comply
The Act prescribes a practical compliance pathway composed of pre‑transaction checks, registration and certification steps, ongoing obligations, and incident response routines. Below is a sequence of concrete actions mapped to the Act’s provisions.
Pre‑acquisition and ownership due diligence
Confirm eligibility under s61C before acquiring any legal or beneficial interest. For a natural person, verify pharmacist registration under the Health Practitioner Regulation National Law (s61C(1)(a)). For bodies corporate, ensure directors and members meet the pharmacist and close relative requirements and that pharmacists hold control (s61C(1)(c)). If relying on a Friendly Society saving, confirm statutory pre‑conditions (s61C(1)(d)).
Map all legal and beneficial ownership arrangements, trusts, beneficiary lists, unit holdings and partnership deeds. The definition of "interest" is broad (s3B(1)) and the Authority may treat prescribed arrangements as an interest (s3B(2)).
Apply for an eligibility certificate
Lodge an application to the Authority in the approved form with the prescribed fee and supporting evidence (s61B(2)). Expect the Authority to request further evidence (s61B(3)). Consider the Authority’s waiver power for fees (s61B(4)) only as discretionary.
If acting as an executor, liquidator, trustee under security, or similar temporary holder, check whether an exemption applies under s61D and make the immediate written notifications required in the exemptions (s61D(c)-(e)).
Premises registration and suitability
If planning to operate from physical premises, ensure the premises are not located wholly or partly within a supermarket nor capable of being entered from within a supermarket (s71E(2)(c)). If uncertain, apply for a Secretary’s ruling (s71E(5)-(6)).
Apply to have premises registered using the approved form, attach prescribed fees and the information required (s71D(2)). Ensure premises meet s71E(3) suitability matters: presentation, condition, security, supervision capabilities, privacy and counselling arrangements, storage, disabled access, compliance with fire and OH&S, and lease terms where applicable.
Annual renewals and calendar management
Calendar lapsing dates (s3 definition) and lodge renewals for eligibility certificates (s61E(1)-(3)) and for premises registration (s71K(2)-(4)) on or before the lapsing date. If applying late but within the allowed 30 days, pay the prescribed late fee (s61E(8), s71K(6)). Timely applications preserve continuity until the Authority decides (s61B(9), s71K(10)).
For multi‑business ownership, check s61F: one eligibility certificate may cover multiple businesses if held in the same legal capacity.
Governance and documentation
Maintain up‑to‑date corporate constitutions, minute books, trust deeds, partnership deeds, unit registers and evidence of pharmacist control. The Authority may issue notices requiring these documents and information and specify reasonable periods for compliance (s73(1A)-(3)). Non‑compliance attracts fines (s73(3)).
Ensure joint owners have internal arrangements for notification obligations because statutory notices are joint and several (s71KF(3), s71KG(3), s73(4)).
Managing alterations and major events
Obtain Authority approval before making any alteration likely to affect dispensing, storage, access, security or professional activities (s71KB(1)-(2)). Submit applications in the approved form with fees and plans and be prepared for the Authority to request further information (s71KC-KD).
Notify disruptive events (fire, flood, service interruptions) within 7 days and major lease or ownership changes within 14 days (s71KF(2), s71KG(2)). Provide further information on request (s71KF(4), s71KG(4)).
Inspection preparedness
Prepare to allow entry and inspection at reasonable times by an authorised inspector (s59(1)-(2)). Keep documentation organised and maintain clear records accessible on short notice. Train staff to respond to inspection questions and document production requests. Remember that failure to attend, produce documents or answer questions without reasonable excuse is an offence (s70(1)).
Avoid any inducement, gift or reward to inspectors (s59(4)). If documents are removed under s59(2)(k), request immediate reasonable access or copies under s59(3).
Responding to Authority decisions
If the Authority directs remedial work or closure following an inspection (s59A(2)) act promptly to remedy defects and consider whether to seek a stay from the responsible tribunal if an appeal is contemplated (s59A(6)-(7)). Understand that some Authority decisions take effect despite appeal (s59A(6)).
If registration is suspended or cancelled, follow the Authority’s notice for actions required to have the suspension revoked (s71H(3)(c)). Consider undertakings as an alternative to enforcement where appropriate (s59A(10)).
Appeal and review rights
If aggrieved by an Authority decision, institute an appeal to the responsible tribunal within 28 days of notice (s60(1)-(2)). Keep contemporaneous records of Authority decisions and reasons as s59A(5) and s71H(3) require written reasons and appeal notice.
Ongoing compliance controls
Do not use the word "pharmacy" to describe unregistered premises (s66).
Maintain awareness of the ownership cap (no more than four pharmacy businesses per person, s65), and if changing any facts relied upon in an eligibility application, apply for a new certificate within 14 days (s61B(7), s62(2)).
Record and invest funds consistent with Treasurer’s Instructions (s12) and maintain proper accounts and audited financial statements in accordance with s19-s20.
Coordination with other regulators
Expect information exchanges with registration boards and the Health Complaints Commissioner (s9, s73A). If a registration board requests inspection or a complaint is referred, be prepared for the Authority to act (s59(1)(c)-(d)).
Use of guidelines and regulatory materials
Adopt guidelines issued by the Authority as practical compliance aids though they are not subordinate legislation (s11(2)-(6)); practising to guideline content reduces risk of adverse Authority findings even though guidelines do not themselves impose sanctions.
Checklist summary mapped to sections: eligibility application (s61B), eligibility test (s61C), exemptions (s61D), renewals (s61E, s71K), premises registration (s71D-71F), supermarket test (s71E(2)(c)), inspections (s59), post‑inspection decisions (s59A), information notices (s73), notifications of events (s71KF, s71KG, s70A), alterations approval (s71KB-KE), prohibition on "pharmacy" title (s66), ownership cap (s65), penalties and appeal windows (s62, s65, s60).
Following these steps and mapping internal commercial documentation and calendar controls to the statutory timelines will materially reduce exposure to administrative and criminal penalties under the Act.
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011][Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]eligibility certificate means a certificate issued by the Authority under section 61B ;
[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]exempt person means a person who is exempt, under section 61D , from the requirement to apply for an eligibility certificate;
[Section 3 Amended by No. 2 of 2007, s. 12, Applied:17 Apr 2007]
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]financial year means the 12 month period ending on 30 June in any year;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]Friendly Society means a body that was registered under the Friendly Societies (Tasmania) Code as a society immediately before the repeal of the Friendly Societies (Tasmania) Act 1997 ;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]
functions includes duties;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]guidelines means guidelines issued by the Authority;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]Health Complaints Commissioner means the person appointed as Health Complaints Commissioner under the Health Complaints Act 1995 ;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]inspection means an inspection under section 59 ;
[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]interest in a pharmacy business – see section 3B ;
[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]lapsing date, for a provision of this Act, means –
(a) 30 June or, if another date is prescribed for the provision, that other date; or
(b) if the Authority determines in respect of a particular person, pharmacy business or pharmacy business premises that a date other than the date specified or prescribed under paragraph (a) of this definition should be the lapsing date for the provision, the other date so determined by the Authority for that person or business or those premises;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]member means member of the Authority and includes the chairperson;
notice means notice in writing;
[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]owner, of a pharmacy business, means the person or persons for the time being holding an eligibility certificate and named in the certificate of registration for the relevant pharmacy business premises;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]pharmacist means a person who holds general registration under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession;
[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]
[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]pharmacy business – see section 3A ;
[Section 3 Amended by No. 62 of 2005, s. 4, Applied:15 Dec 2005]
[Section 3 Amended by No. 62 of 2005, s. 4, Applied:15 Dec 2005]pharmacy business premises means a shop or other premises where a pharmacy business is carried on;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011][Section 3 Amended by No. 62 of 2005, s. 4, Applied:15 Dec 2005][Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011][Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]register means the Pharmacy Business Premises Register kept under section 71L ;
registered means registered under this Act;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011][Section 3 Amended by No. 33 of 2011, s. 13, Applied:01 Jul 2012]
[Section 3 Amended by No. 33 of 2011, s. 13, Applied:01 Jul 2012]registration board means a board established under section 31 of the Health Practitioner Regulation National Law (Tasmania);
[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]relevant pharmacy business, in relation to any pharmacy business premises, means the pharmacy business carried on in or from those premises;
[Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017]relevant pharmacy business premises in relation to a pharmacy business, means the premises in or from which the business is carried on;
report includes publish;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011][Section 3 Amended by No. 22 of 2016, s. 5, Applied:01 Jan 2017][Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011][Section 3 Amended by No. 18 of 2021, s. 302, Applied:05 Nov 2021]
[Section 3 Amended by No. 18 of 2021, s. 302, Applied:05 Nov 2021]responsible tribunal means the Tasmanian Civil and Administrative Tribunal;
Secretary means Secretary of the Department;
[Section 3 Amended by No. 47 of 2010, s. 6, Applied:01 Feb 2011]specified means specified in writing by the Authority.
3A Meaning of "pharmacy business"
3A Meaning of "pharmacy business"
[Section 3A Inserted by No. 22 of 2016, s. 6, Applied:01 Jan 2017]
(1) In this section –
dispensing, of narcotic substances or restricted substances, means preparing the narcotic substances or restricted substances for sale or supply to members of the public;
preparing includes packaging, labelling and recording.
(2) In this section, the following expressions have the same meaning as they have in the Poisons Act 1971 –
(a) medicinal poison;
(b) narcotic substance;
(c) potent substance;
(d) restricted substance.
(3) For the purposes of this Act, a business is a pharmacy business if it involves any or any combination of the following activities:
(a) the compounding or dispensing, by a pharmacist, of narcotic substances and restricted substances on the prescription or lawful request of a medical practitioner or other health professional;
(b) the sale or supply, by a pharmacist, of potent substances;
(c) the sale or supply, by a pharmacist or by an employee of that pharmacist under his or her supervision, of medicinal poisons that are in the possession, custody or control of that or another pharmacist.
(4) To avoid doubt, a business that is carried on by a person to whom section 27 of the Poisons Act 1971 applies is not a pharmacy business for this Act.
3B Meaning of "interest in a pharmacy business"
3B Meaning of "interest in a pharmacy business"
[Section 3B Inserted by No. 22 of 2016, s. 6, Applied:01 Jan 2017]
(1) For the purposes of this Act, the expression interest in a pharmacy business means any legal or beneficial interest in the business, including 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; or
(d) a trustee or beneficiary of, or unit holder in, a trust.
(2) Without limiting the generality of subsection (1) , a person will be taken to have an interest in a pharmacy business for the purposes of this Act if the person is party to an arrangement of a kind prescribed by the regulations.
4 Act binds Crown
4 Act binds Crown
[Section 4 Amended by No. 62 of 2005, s. 5, Applied:15 Dec 2005][Section 4 Amended by No. 47 of 2010, s. 7, Applied:01 Feb 2011] This Act, other than Parts 4 , 5A and 6A , binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
5 Application of Act
5 Application of Act
[Section 5 Substituted by No. 47 of 2010, s. 8, Applied:01 Feb 2011] Nothing in this Act extends to or affects –
(a) the business of a licensed manufacturing chemist or licensed wholesale chemist, within the meaning of the Poisons Act 1971 ; or
(b) a person who is authorised under the Poisons Act 1971 to sell or supply a scheduled substance, within the meaning of that Act, other than a pharmacist.
5A Inconsistency between Act and Health Practitioner Regulation National Law (Tasmania)
5A Inconsistency between Act and Health Practitioner Regulation National Law (Tasmania)
[Section 5A Inserted by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] In the event of an inconsistency between a provision of this Act and the Health Practitioner Regulation National Law (Tasmania), the provisions of the Health Practitioner Regulation National Law (Tasmania) prevail.
Part 2 Tasmanian Pharmacy Authority
Part 2 Tasmanian Pharmacy Authority
[Part 2 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]
Division 1 The Authority
Division 1 The Authority
[Division 1 of Part 2 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]
6 Establishment of Authority
6 Establishment of Authority
[Section 6 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]
(1) The Tasmanian Pharmacy Authority is established.
(2) The Authority –
(a) is a body corporate with perpetual succession; and
(b) may acquire, hold, dispose of and otherwise deal with property; and
(c) may sue and be sued in its corporate name.
7 Membership of Authority
7 Membership of Authority
[Section 7 Substituted by No. 47 of 2010, s. 9, Applied:01 Feb 2011]
(1) The Authority consists of –
(a) two pharmacists nominated by the Secretary; and
(b) one person, who is not a pharmacist, nominated by the Secretary to represent the interests of consumers.
(2) The members are appointed by the Minister.
(3) The Secretary, on the recommendation of the members, must appoint a member as chairperson.
(4) For
This is an opening excerpt, not the complete document.