AN ACT to E it enacted by the King's Most Excellent Majesty, by and B' with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: PART I.-PRELIMINARY. 1. (1.) This Act may be cited as the Pharmacy and Poisons Short title. Act, 1910. (2.) This Act is a compilation of the Acts mentioned in the First schedule. First Schedule hereto. 2. This Act is divided into six Parts, as follows:PART I. PRELIMINARY: SS. 1-3. PART II.-THE PHARMACEUTICAL SOCIETY OF WESTERN AUSTRALIA: SS. 4-11. PART III. THE PHARMACEUTICAL REGISTER OF WESTERN PART IV.-REGISTRATION OF PHARMACEUTICAL CHEMISTS, ss. 18-21. PART V.-SALE OF POISONS: ss. 22-35. PART VI.-MISCELLANEOUS: ss. 36-43. Division of Act. 58 Vict., No. 35, s. 1. 3. In the construction of this Act, except where the subject Interpretation. matter or the context otherwise indicates: "Council" means the Council of the Pharmaceutical Society of Western Australia. "Gazette" means the Government Gazette of Western Aus 58 Vict., No. 35, s. 5. tralia. "Pharmaceutical "Pharmaceutical Chemist" means a pharmaceutical chemist registered under the provisions of this Act, or of the Acts of which this Act is a compilation. "Register" means the Pharmaceutical Register of Western "Regulations" means the Regulations made under this Act, Constitution of 58 Vict., No. 35, Constitution of See 58 Vict., No. Election of See 58 Vict., No. Removal of members of Council. 58 Vict., No. 35, s. 10. 4. PART II.-THE PHARMACEUTICAL SOCIETY OF WESTERN The Pharmaceutical Society already established in the State shall be the Pharmaceutical Society of Western Australia, and may retain that name and title, and all pharmaceutical chemists, within the meaning of this Act, shall be members thereof. 5. (1.) For the management of the said Society there shall be a Council, to consist of a president and six other members, under the style of "The Council of the Pharmaceutical Society of Western Australia." (2.) The members of the Council holding office at the commencement of this Act shall, subject to this Act, continue to hold office until the expiration of the period for which such members were elected, that is to say until the thirty-first day of March, one thousand nine hundred and thirteen. 6. (1.) At the expiration of the period for which the existing members of the Council were elected to hold office, and at the expiration of every succeeding three years, the pharmaceutical chemists registered under this Act may, in manner prescribed by the Regulations, elect seven persons to form the Council, who shall hold office for the three years next following their election. (2.) No person other than a pharmaceutical chemist shall be eligible for election. (3.) At the first meeting of every Council so elected the members thereof shall elect one of their number to be president, who shall hold office during the period for which such Council is elected. (4.) The members of the Council retiring at the end of any three years shall be eligible for re-election. (5.) Every pharmaceutical chemist shall be entitled to one vote for each member of the Council to be elected. 7. The Governor may, from time to time, remove the president or any other member of the Council. 8. in Council. 8. If any member of the Council dies, resigns, is removed, or is Election to fill absent from the State for three months without the leave of the vacancy occurring Council, the pharmaceutical chemists may, in manner prescribed 58 Vict., No. 35, by the Regulations, elect thereto any pharmaceutical chemist, and s. 11. the person so elected shall hold office for the residue of the term during which the member of the Council, in lieu of whom he has been elected, would have held office, and no longer. Council. Number 9. (1.) At every meeting of the Council each member, including Meetings of the the president, shall have one vote, and the president shall, in case of votes of of an equality of votes, have a casting vote in addition to his or- members. dinary vote, and all questions at any meeting of the Council shall be decided by a majority of the votes of the members present. 58 Vict., No. 35, s. 12. (2.) A quorum of the Council shall consist of not fewer than Quorum of Council. four members thereof, and in the absence of the president from any meeting of the Council the members present may elect one of their number to be chairman of the meeting. (3.) No action or proceedings of the Council shall be invali- Proceedings of dated by reason of the existence of any vacancy or vacancies there- Council not invaliin, provided that the number of members be not reduced below of vacancies. four. dated by reason 10. (1.) The Council may appoint a registrar, and any other Council may officer necessary for carrying out the provisions of this Act, and appoint officers. 58 Vict., No. 35, may remove any of such officers at any time. s. 13. (2.) The Council may, in its own name, by its registrar or Council may sue. any person thereunto authorised in writing under the hand of the president, commence, carry on, prosecute, and defend any action, complaint, information, or proceeding whatsoever, both civil and criminal. Every court of law shall take judicial notice of the signature of the president to any such authorisation. 11. (1.) The president or any member of the Council may examine or question any person attending, or giving evidence before the Council, and may administer an oath to, or take a solemn declaration from, such persons. Council may examine upon oath, etc. 58 Vict., No. 35, s. 14. declaration, etc. (2.) If any such person wilfully or knowingly makes any Penalty for false false statement upon such examination or in such declaration, or statement or utters, or attempts to utter, or puts off as true any false, forged, or counterfeit diploma, degree, license, certificate, or other document or writing, such person shall be guilty of a misdemeanour, and, on conviction thereof, shall be liable to be imprisoned for any term not exceeding two years with or without hard labour, or may be dealt with under any other law applicable to his offence. PART Council to keep register. 58 Vict., No. 35, s. 15. Second schedule. List of pharmaceutical chemists to be published. PART III.-THE PHARMACEUTICAL REGISTER OF WESTERN AUSTRALIA. 12. The Council shall, upon the application of any person entitled to be registered as a pharmaceutical chemist under this Act, register the name of the applicant, together with his residence or place of business, his qualification and the date of such registration, in a register to be kept by the Council for that purpose in the form contained in the Second Schedule to this Act, or to the like effect, and such register shall be called "The Pharmaceutical Register of Western Australia." 13. (1.) The Council shall, in the month of January in every year, cause to be printed, published, and offered for sale, at a reasonable price, a correct list of all pharmaceutical chemists in 58 Viet., No. 35, alphabetical order according to their surnames, with their respective residences or places of business, and shall cause such list to be published at the same time in the Gazette. s. 16. Copy of Gazette to be evidence. Fees for registration and examination. 58 Vict., No. 35, s. 17. Necessary alterations to be made in register. 58 Vict., No. 35. 8. 18. Change of address or death of pharmaceutical chemist to be notified. 58 Vict., No. 35, s. 19. (2.) A copy of the Gazette containing any such list shall be prima facie evidence in all courts of justice, and in all legal proceedings whatsoever, that the persons specified in such list are qualified and registered according to the provisions of this Act, and the absence of the name of any person from such list shall be prima facie evidence that such person is not a pharmaceutical chemist. 14. The fees for registration as a pharmaceutical chemist, or for any examination required by this Act, shall be such as from time to time are prescribed by the Regulations, and shall be paid to the Council previously to any such registration or examination. 15. The Council shall from time to time make all necessary alterations in the register relating to the qualifications and addresses of pharmaceutical chemists, and may write or cause to be written a letter addressed to any pharmaceutical chemist, according to his last known address, to inquire whether he has changed his residence or place of business. Such letter shall be registered, and if no answer be returned to such letter within the period of six months from the sending thereof, the Council may erase the name of such pharmaceutical chemist from the register, and shall restore the same to such register upon the personal application of such pharmaceutical chemist and production of his certificate or satisfactory proof of his former registration, and payment of all fees in arrear. 16. Every pharmaceutical chemist on changing his residence or place of business shall intimate the same to the Council, and the Registrar General of Western Australia, on receiving information of the death of any pharmaceutical chemist, shall forthwith transmit mit notice thereof by post to the registrar of the Pharmaceutical Society of Western Australia, and on receipt of such notice such registrar shall inform the Council thereof, and the Council shall remove the name of such chemist from the register. 17. If any pharmaceutical chemist is convicted of any offence Pharmaceutical chemist may be which, in the opinion of the Council, renders him unfit to practise struck off register. as a pharmaceutical chemist, the Governor may, upon the appli- 58 Viet., No. 35, cation of the Council, order the name of such pharmaceutical s. 20. chemist to be erased from the register, and the Council shall erase such name accordingly. PART IV.-REGISTRATION OF PHARMACEUTICAL CHEMISTS. 18. Any person may obtain from the Council a certificate, in Qualification to be the form contained in the Third Schedule, that he has been duly registered as pharmaceutical registered as a pharmaceutical chemist, if he has attained the age chemist. of twenty-one years, and Third schedule. (a.) Is a member of the Pharmaceutical Society of Western No. 35, s. 21; (b.) For at least four years has served as an apprentice in (c.) Holds a certificate or diploma of competency as a phar- 63 Vict., No. 36, s. 3. application. 19. (1.) Any person applying for registration under qualifica- Manner of tion (b) must take a declaration, in the form contained in the Fourth Schedule, before a Justice of the Peace, and forward the same to the Council, and shall produce. his certificate that he has passed the examinations required by this Act. see 58 Vict.. (2.) Such declaration shall be accompanied by a certificate Declaration to be of the chemist and druggist, or pharmaceutical chemist to whom supported by the applicant has been apprenticed, in the form as contained in the Fourth Schedule. (3.) Any person applying for registration under qualification (c) shall annex to his application the certificate or diploma entitling him to apply, for the inspection of the Council. certificate. 20. |