59APowers of Authority following inspection

### 59A Powers of Authority following inspection > [*\[Section 59A Inserted by No. 47 of 2010, s. 15, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS15@EN) > > > (1)  Following receipt of a report from an inspector under [section 59](#GS59@EN) , 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)  [*\[Section 59A Subsection (2) substituted by No. 22 of 2016, s. 9, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS9@EN) If the Authority determines that action is required by the relevant party pursuant to [subsection (1)(b)](#GS59A@Gs1@Hpb@EN) , 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)](#GS59A@Gs1@Hpc@EN) , 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)](#GS59A@Gs1@EN) on the relevant party. > > > (5)  The written decision of the Authority is to contain the following information: > > > > > > (a) the reason for the decision; > > > > > > > (b) in the case of a decision referred to in [subsection (1)(b)](#GS59A@Gs1@Hpb@EN)  – > > > > > > > > > > (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)](#GS59A@Gs2@Hpb@EN) 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](#GS60@EN) ; > > > > > > > (c) in the case of a decision referred to in [subsection (1)(c)](#GS59A@Gs1@Hpc@EN)  – > > > > > > > > > > (i) a statement to the effect that the premises are being unlawfully used as pharmacy business premises; and > > > > > > > > > > > (ii) a statement to the effect that the premises must not continue to be used as pharmacy business premises; and > > > > > > > > > > > (iii) the date upon which the notice was served; and > > > > > > > > > > > (iv) the relevant party's right to appeal against the decision to the responsible tribunal under [section 60](#GS60@EN) . > > > (6)  A decision of the Authority referred to in [subsection (1)(b)](#GS59A@Gs1@Hpb@EN) or [(c)](#GS59A@Gs1@Hpc@EN) takes effect notwithstanding the relevant party's right of appeal. > > > (7)  Nothing in [subsection (6)](#GS59A@Gs6@EN) is intended to restrict – > > > > > > (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)](#GS59A@Gs1@Hpb@EN) or [(c)](#GS59A@Gs1@Hpc@EN) 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)](#GS59A@Gs8@EN) 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)](#GS59A@Gs2@Hpa@EN) or [(b)](#GS59A@Gs2@Hpb@EN) , 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)](#GS59A@Gs4@EN) . > > > (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)](#GS59A@Gs4@EN) .