28. Limitation as to interests in, and places of, business
(1) Subject to the provisions of this section, a pharmaceutical chemist who, whether on his own behalf or as the agent, employee, partner or other associate of another person or body, concurrently ¾
(a) whether or not in association with any other trade or business carries on the practice of a pharmaceutical chemist in or in relation to more than 2 pharmacies; or
(b) has a pecuniary interest, whether direct or indirect, in more than 2 pharmacies,
commits an offence against this Act.
(2) Where, immediately prior to the coming into operation of the Pharmacy Act Amendment Act 1975 1, any pharmaceutical chemist, or any partnership constituted solely by persons who are pharmaceutical chemists, lawfully held a pecuniary interest in a pharmacy that would, but for the provisions of this subsection, thereafter contravene the provisions of subsection (1) that interest may continue lawfully to be held until ¾
(a) the agreement under which the interest is so held expires; or
(b) a period of 12 months has elapsed from the coming into operation of that Act,
whichever first shall happen, but not thereafter.
(3) Subject to the provisions of this section, any provision contained in ¾
(a) any document purporting to have effect in relation to the practice of a pharmaceutical chemist;
(b) a lease, licence or agreement to occupy premises for use as a pharmacy; or
(c) a bill of sale given in respect of any business associated with the practice of a pharmaceutical chemist or a pharmacy,
that in relation to any such business, pharmacy, or practice purports to enable any person other than the licensed pharmaceutical chemist by whom the practice of a pharmaceutical chemist is carried on to control the manner in which it is carried on, or to receive any consideration that varies according to profits or takings, or to require that goods or services are purchased or obtained from a supplier thereby specified, or to have access to records or accounts otherwise than for the purpose of determining whether or not the grantor of a bill of sale is complying with the conditions of that bill of sale, is void.
(4) The provisions of subsection (3) shall not take effect in relation to a document lawfully entered into prior to the coming into operation of the Pharmacy Act Amendment Act 1975 1, until a period of 5 years has elapsed from the coming into operation of that Act.
[Section 28 inserted by No. 98 of 1975 s. 10.]