National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Act 2023

No. 16, 2023

An Act to amend the National Health Act 1953, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

National Health Act 1953 3

National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Act 2023

No. 16, 2023

An Act to amend the National Health Act 1953, and for related purposes

[Assented to 11 April 2023]

The Parliament of Australia enacts:
1 Short title

This Act is the National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Act 2023.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act The day after this Act receives the Royal Assent. 12 April 2023

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

National Health Act 1953

 1 Before subsection 133(1)

Insert:

Effect of being charged

 2 Before subsection 133(2)

Insert:

Effect of conviction

 3 Before subsection 133(5)

Insert:

Effect of acquittal

 4 Before subsection 133(6)

Insert:

Effect on Committees of Inquiry

 5 After subsection 133(6)

Insert:

Extended operation for approved pharmacist corporations

as if the approved pharmacist corporation were convicted of the offence; and

as if the approved pharmacist corporation were acquitted of the offence.

Definitions

 6A

If a person that is a director of an approved pharmacist corporation is charged before a court with having committed an offence referred to in subsection (1), then this section applies in relation to the approved pharmacist corporation:

 a

as if the approved pharmacist corporation were charged before the court with having committed the offence; and

 b

if:

 i

the person is convicted of the offence; or

 ii

the court concerned thinks that the charge in relation to the offence is proved but, without proceeding to conviction, discharges the person conditionally on the person’s entering into a recognizance;

 c

if:

 i

the person ceases to be an ineligible director at a particular time; and

 ii

at that time, there is no other director of the approved pharmacist corporation that is an ineligible director;

 6 Subsection 133(7)

Insert:

approved pharmacist corporation means an approved pharmacist that is a body corporate.

ineligible director: a director of an approved pharmacist corporation is an ineligible director if:

 a

the director has been charged before a court with having committed an offence referred to in subsection (1); and

 b

the director has not been acquitted of the offence; and

 c

the charge has not been withdrawn or otherwise disposed of.

 7 Application of amendments

Subsection 133(6A) of the National Health Act 1953, as inserted by this Schedule, applies on and after the commencement of this item in relation to a person who is or was a director of an approved pharmacist corporation, regardless of whether the person is:

before, on or after that commencement.

[Minister’s second reading speech made in—

House of Representatives on 9 March 2023

Senate on 22 March 2023]

(19/23)

 a

charged before a court with having committed the offence referred to in subsection 133(1) of that Act; or

 b

convicted of the offence; or

 c

discharged conditionally;