23. Restrictions on the carrying on of a pharmacy
(1) No person who is a pharmaceutical chemist shall carry on the practice of a pharmaceutical chemist, whether as principal or manager for a principal, and no company or friendly society, shall carry on the practice of a pharmaceutical chemist by and under the supervision of a person who is a pharmaceutical chemist, in any pharmacy unless that pharmacy is registered in accordance with the provisions of this section.
(2) The Council may upon the application of a pharmaceutical chemist, or of a company or friendly society referred to in subsection (1), register in his or its name any pharmacy in which the Council is satisfied that the pharmaceutical chemist practices or carries on, or intends to practise or carry on, business as a pharmaceutical chemist, either as principal or manager for a principal, or the company or friendly society carries on or intends to carry on the business of a chemist and druggist or of a pharmaceutical chemist, or the Council may refuse the application or may withhold registration of the pharmacy until the applicant complies with such conditions as may be prescribed.
(3) The registration of a pharmacy under this section shall, unless sooner suspended or cancelled, remain in force until 30 June next following the date of the registration, and the Council may, upon payment of the prescribed fee, issue a certificate in the prescribed form of registration of a pharmacy.
(4) Where the Council refuses to register a pharmacy under this section or withholds registration until compliance with prescribed conditions, the applicant may apply to the State Administrative Tribunal for a review of the refusal.
(5) The conditions that may be prescribed for the purposes of this section may include conditions requiring the applicant to make a full disclosure of the persons or bodies having an interest in the business, or any portion of the business, and the extent of each such interest.
(6) The provisions of this section do not apply to or in relation to any pharmacy attached to or operated by a hospital to which the Hospitals and Health Services Act 1927 applies.
[Section 23 amended by No. 98 of 1975 s. 8; No. 103 of 1994 s. 18; No. 2 of 1999 s. 22(a); No. 26 of 1999 s. 95(4); No. 55 of 2004 s. 928.]