Gazette No 21 of 22 February 2008
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1037 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 21 Friday, 22 February 2008 Published under authority by Government Advertising LEGISLATION Proclamations New South Wales Commencement Proclamation under the Consumer Claims Amendment Act 2007 No 67 MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Consumer Claims Amendment Act 2007, do, by this my Proclamation, appoint 1 March 2008 as the day on which that Act commences. SignedSigned andand sealedsealed atat Sydney,Sydney, thisthis 20th day of February day of 2008. 2008. By Her Excellency’s Command, LINDA BURNEY, M.P., L.S. MinisterMinister for for Fair Fair Trading Trading GOD SAVE THE QUEEN! s2007-482-25.d02 Page 1 1038 LEGISLATION 22 February 2008 New South Wales Commencement Proclamation under the Pharmacy Practice Act 2006 No 59 MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 (1) of the Pharmacy Practice Act 2006, do, by this my Proclamation, appoint 25 February 2008 as the day on which the uncommenced provisions of that Act commence. SignedSigned andand sealedsealed atat Sydney,Sydney, thisthis 20th day of Februaryday of 2008. 2008. By Her Excellency’s Command, REBA MEAGHER, M.P., L.S. MinisterMinister for for Health Health GOD SAVE THE QUEEN! Explanatory note Schedule 7.12 and section 156 of the Pharmacy Practice Act 2006 commenced on the date of assent to that Act. The object of this Proclamation is to commence the uncommenced provisions of that Act. s2008-006-22.d05 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 21 22 February 2008 LEGISLATION 1039 New South Wales Commencement Proclamation under the Sydney Water Catchment Management Amendment Act 2007 No 83 MARIE BASHIR,, Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Sydney Water Catchment Management Amendment Act 2007, do, by this my Proclamation, appoint 22 February 2008 as the day on which that Act commences. SignedSigned andand sealedsealed atat Sydney,Sydney, thisthis 20th day of Februaryday of February 2008. 2008. By Her Excellency’s Command, L.S. MinisterPHILIP KOPERBERG,for Climate Change, M.P., Minister for Climate Change,Environment Environment and and Water Water GOD SAVE THE QUEEN! s2007-483-11.d03 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 21 1040 LEGISLATION 22 February 2008 Regulations New South Wales Consumer Claims Amendment Regulation 2008 under the Consumer Claims Act 1998 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Consumer Claims Act 1998. LINDA BURNEY, M.P., MinisterMinister forfor FairFair Trading Trading Explanatory note The object of this Regulation is to prescribe the limitation on the jurisdiction of the Consumer, Trader and Tenancy Tribunal to make orders in respect of a consumer claim (within the meaning of the Consumer Claims Act 1998) in which there is more than one respondent. This Regulation is made under the Consumer Claims Act 1998, including section 14 (2A) and section 17 (the general regulation-making power). s2008-001-25.d03 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 21 22 February 2008 LEGISLATION 1041 Clause 1 Consumer Claims Amendment Regulation 2008 Consumer Claims Amendment Regulation 2008 under the Consumer Claims Act 1998 1 Name of Regulation This Regulation is the Consumer Claims Amendment Regulation 2008. 2 Commencement This Regulation commences on 1 March 2008. 3 Amendment of Consumer Claims Regulation 2007 The Consumer Claims Regulation 2007 is amended by omitting “14 (1) and (2)” from clause 5 and by inserting instead “14 (1), (2) and (2A)”. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 21 1042 LEGISLATION 22 February 2008 New South Wales Pharmacy Practice Regulation 2008 under the Pharmacy Practice Act 2006 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Pharmacy Practice Act 2006. REBA MEAGHER, M.P., MinisterMinister forfor HealthHealth Explanatory note This Regulation provides for certain matters under the Pharmacy Practice Act 2006 (the Act), including: (a) standards for the conduct of a pharmacy practice, and (b) whether certain interests constitute a pecuniary interest in a pharmacy business for the purposes of the Act, and (c) the circumstances in which certain pecuniary interests in a pharmacy business can be held by a person other than a pharmacist, and (d) matters required to be included in a notice of acquisition or disposal of a pecuniary interest in a pharmacy business, and (e) infection control procedures to be observed by pharmacists, and (f) creating an offence dealing with advertising of pharmacy services, and (g) the conduct of elections for elected members of the Pharmacy Board (the Board), and (h) providing for forms under the Act to be approved by the Board, and (i) setting out procedures for notification of the mental incapacity of a pharmacist, and (j) prescribing certain offences relating to traffic and parking as offences that are not required to be notified to the Board, and (k) setting out procedures for appeals on a point of law where the Board deals with a complaint against a pharmacist, and (l) prescribing fees and procedures regarding registers kept under the Act and replacement certificates of registration, and s2006-569-22.d18 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 21 22 February 2008 LEGISLATION 1043 Pharmacy Practice Regulation 2008 Explanatory note (m) equipment and publications required in pharmacy premises, and (n) transitional matters, and (o) certain other matters that the Act provides may be prescribed. This Regulation is made under the Pharmacy Practice Act 2006, including the definition of pecuniary interest in section 4, sections 24, 25, 31, 32, 33, 34, 90, 100 and 155 (the general regulation-making power) and Schedules 1, 2 and 8. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 21 1044 LEGISLATION 22 February 2008 Pharmacy Practice Regulation 2008 Contents Page Part 1 Preliminary 1 Name of Regulation 5 2 Commencement 5 3 Interpretation 5 Part 2 Practice of pharmacy Division 1 Conduct of practice 4 Standards for approval of pharmacy premises 6 5 Standards for approval of professional services room premises 7 6 Access to electronic versions of publications 8 7 Displaying name of owner and pharmacist in charge 8 8 Displaying prices 9 9 Owner to appoint pharmacist to be responsible for compliance with clauses 7 (1) and 8 9 Division 2 Control of pharmacies 10 Interests prescribed as constituting pecuniary interests 10 11 Interests prescribed as not constituting pecuniary interests 10 12 Notice of acquisition or disposal of interest in pharmacy 11 13 Circumstances in which person not prevented from having pecuniary interest 11 Part 3 Infection control standards 14 Infection control standards 12 Part 4 Advertising of pharmacy services 15 Advertising 13 Part 5 Election of members of Board 16 Definitions 14 17 Manner of conduct of election 14 18 Returning officer 14 19 Notice of election 14 20 Nominations 15 21 Candidate information sheet 15 22 Procedure on close of nominations 16 Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 21 22 February 2008 LEGISLATION 1045 Pharmacy Practice Regulation 2008 Contents Page 23 Closing of roll 16 24 Conduct of ballot 16 25 Examination of envelopes 18 26 Dealing with ballot-papers 19 27 Method of voting and counting 19 28 Report of election 20 29 Returning officer’s decision final 20 30 Candidate dying or ceasing to be pharmacist 20 31 Offences 21 Part 6 Miscellaneous 32 Forms 22 33 Additional information to be included in pharmacist annual return 22 34 Notice of mental incapacity 22 35 Excluded offences 23 36 Appeal on point of law 24 37 Fee for inspection of Register 24 38 Fee for additional information to be recorded in Register 24 39 Fee for inspection of Register of Pharmacies 24 40 Replacement certificates 24 41 Transitional provision regarding certain provisions in certain instruments 25 42 Amendment consequential on enactment of Schedule 15 to the Parliamentary Electorates and Elections Amendment Act 2006 25 Schedule 1 Equipment and publications required for pharmacy premises 26 Schedule 2 Publications required for professional services room premises 28 Schedule 3 Additional matters to be included in notification of pecuniary interest 29 Schedule 4 Infection control standards 30 Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 21 1046 LEGISLATION 22 February 2008 Pharmacy Practice Regulation 2008 Clause 1 Preliminary Part 1 Pharmacy Practice Regulation 2008 under the Pharmacy Practice Act 2006 Part 1 Preliminary 1 Name of Regulation This Regulation is the Pharmacy Practice Regulation 2008. 2 Commencement (1) This Regulation commences on 25 February 2008, except as provided by subclause (2). (2) Clause 42 commences on the later of: (a) the day on which Schedule 15 to the Parliamentary Electorates and Elections Amendment Act 2006 commences, or (b) 25 February 2008, and is repealed on the day following the day on which that clause commences. 3 Interpretation (1) In this Regulation: in the premises includes on the premises. Price Information Code of Practice means the Price Information Code of Practice published by the Therapeutic Goods Administration of the Commonwealth, as in force on 25 February 2008. the Act means the Pharmacy Practice Act 2006. Note. Section 11 of the Interpretation Act 1987 provides that expressions defined in the Act have the same meanings in this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.