On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/12/2010.
PART VII
MISCELLANEOUS
63.
—(1) All fees, penalties and other moneys payable under this Act shall be paid to the Council and any fee, penalty or other moneys not paid shall be recoverable by the Council as a debt due to the Council.
(2) All moneys received by the Council or the Registrar shall be paid into the funds of the Council.
(3) The costs and expenses of and incidental to the performance of the function of the Council and any committee appointed by the Council under this Act shall be paid by the Council out of its funds.
(4) The Minister may pay into the funds of the Council such sum of money out of moneys to be provided by Parliament as the Minister may determine.
(5) The Council shall keep full and proper accounts of all moneys received and expended by it and the accounts shall be audited by an auditor or auditors approved by the Minister.
64. There shall be paid to —
(a)
the members of the Council; and
(b)
the members of any committee appointed by the Council,
who are not public officers such fees as may, from time to time, be approved by the Minister.
65.
—(1) The Council may appoint one or more public officers or officers of the Council as inspectors to investigate the commission of an offence under this Act.
(2) In any case relating to the commission of an offence under this Act, an inspector shall have the power to do all or any of the following:
(a)
to require any person whom the inspector has reason to believe has any article, document or information relevant to the carrying out of the provisions of this Act to produce that article or document, or give that information, and to retain that article or document, or make copies of that document;
(b)
to examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act and to reduce into writing the answer given or statement made by that person, who shall be bound to state truly the facts and circumstances with which he is acquainted, and the statement made by that person shall be read over to him and shall, after correction, be signed by him;
(c)
to require by order in writing the attendance before him of any person who, from information given or otherwise, appears to be acquainted with facts and circumstances relevant to the carrying out of the provisions of this Act.
(3) An inspector may apply to a Magistrate for a search warrant if the inspector has reasonable cause to believe that evidence of the commission of an offence under this Act can be found therein; and the Magistrate may, if satisfied that there are reasonable grounds for doing so, issue the warrant.
(4) Any inspector authorised by a search warrant issued under subsection (3) may enter and search the premises referred to in the warrant and seize any thing found on the premises which he reasonably believes is evidence of the commission of an offence under this Act.
(5) Any person who —
(a)
intentionally offers any resistance to or wilfully delays an inspector in the exercise of any power under subsection (2) or in pursuance of a search warrant issued under subsection (3); or
(b)
fails to comply with any requirement or order of an inspector under subsection (2),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
66.
—(1) For the purposes of advising the Council and any committee appointed by the Council, the Council may appoint a legal assessor who shall be an advocate and solicitor of not less than 10 years’ standing.
(2) The legal assessor shall not participate or sit in any deliberation of the Council or any committee appointed by the Council unless invited to do so, and his participation shall be limited only to questions of law arising from the proceedings.
(3) The Council may appoint a medical assessor to assist the Council and any committee appointed by the Council in proceedings before any of them under the provisions of this Act.
(4) The Council may pay to the legal assessor and medical assessor, as part of the expenses of the Council, such remuneration as the Council may determine.
67. No action shall lie against the Council, any committee or inspector appointed by the Council, or any member or employee of the Council or committee, for any act or thing done under this Act in respect of any matter or thing done in good faith for the purposes of carrying out the provisions of this Act.
68. Notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
69.
—(1) The Council may, in its discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —
(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
$2,000,
whichever is the lower.
(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
(3) The Council may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.
(4) All sums collected under this section shall be paid into the funds of the Council.
70. Nothing in this Act shall prevent the doing of any act within the practice of pharmacy by any person if the act is carried out —
(a)
in the course of his training;
(b)
under the supervision of a pharmacist registered under section 16(1); and
(c)
in an establishment approved by the Council for the purpose of section 16(1)(b) or 17(3)(a).
71. The Minister may, after consultation with the Council, by order published in the Gazette and subject to such conditions as he may impose, exempt any person or class of persons from all or any of the provisions of this Act.
72.
—(1) Any notice, order or document required or authorised by this Act to be served on any person may be served on the person —
(a)
by delivering it to the person or to some adult member or employee of his family or household at his last known place of residence;
(b)
by leaving it at his usual or last known place of residence or place of business in an envelope addressed to the person;
(c)
by sending it by registered post addressed to the person at his usual or last known place of residence or place of business; or
(d)
in the case of an incorporated company, a partnership or a body of persons —
(i)
by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or
(ii)
by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.
(2) Any notice, order or document sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person at the time when the notice, order or document, as the case may be, would in the ordinary course of post be delivered and, in proving service of the notice, order or document, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
(3) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order or document to some conspicuous part of the premises.
(4) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.
73. The Minister may, after consultation with the Council, by order published in the Gazette, amend the Schedule.
74.
—(1) Subject to the provisions of this Act, the Council may, with the approval of the Minister, make such regulations as may be necessary or expedient to give effect to the provisions and purposes of this Act and the due administration thereof.
(2) Without prejudice to the generality of subsection (1), such regulations may be made to —
(a)
provide for the duties of the Registrar;
(b)
regulate the registration of pharmacists and specialists;
(c)
regulate the certification of specialists;
(d)
provide for the form of the appropriate register and the mode in which it shall be kept;
(e)
regulate the grant and renewal of practising certificates;
(f)
regulate the procedure of a Complaints Committee, a Disciplinary Committee, the Health Committee, and Interim Orders Committee or any committee appointed by the Council under this Act and the conduct of proceedings of such committee;
(g)
regulate the professional practice, etiquette, conduct and discipline of registered pharmacists and specialists;
(h)
regulate the removal and restoration of names in an appropriate register;
(i)
prescribe the forms necessary for the administration of this Act;
(j)
prescribe the fees and other charges for the purpose of this Act;
(k)
provide for the duties, functions and payment of the legal assessor and medical assessor appointed under section 66;
(l)
provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and
(m)
prescribe such other matters as are necessary or expedient for carrying out the provisions of this Act.
75.
—(1) Any person who, immediately before 1st September 2008, is a member of the Pharmacy Board under the repealed Act shall, as from that date, continue office as if appointed as a member of the Council in accordance with the provisions of this Act, and his appointment shall expire on the date his appointment would have expired if this Act had not been enacted.
(2) Every person who is registered under the repealed Act immediately before 1st September 2008 shall, as from that date, be deemed to be a registered pharmacist under this Act and the Registrar shall transfer to the Register of Pharmacists the names, addresses, qualifications and other particulars of such persons which appear, immediately before 1st September 2008, in the register kept under section 5 of the repealed Act.
(3) The Registrar may, in carrying out the transfer under subsection (2), omit the particulars of any person known to the Registrar to be deceased.
(4) For the avoidance of doubt, sections 26, 48 and 52 of this Act shall also apply to any person whose name was removed from the register kept under the repealed Act.
(5) Any certificate of registration issued under section 8(7) of the repealed Act shall, if still in force immediately before 1st September 2008, be deemed as from that date to be a certificate of registration issued under section 22 of this Act and be subject to the provisions of this Act.
(6) Any annual certificate issued under the repealed Act which is in force immediately before 1st September 2008 shall, as from that date —
(a)
be deemed to be a practising certificate issued under this Act;
(b)
be subject to the provisions of this Act that are applicable to practising certificates; and
(c)
expire on the date on which it would have expired had this Act not been in force and be renewable in accordance with section 23 of this Act.
(7) This Act shall not affect —
(a)
any disciplinary proceeding, inquiry or investigation commenced or pending under the repealed Act before 1st September 2008, and every such proceeding may be continued and everything in relation thereto may be done in all respects after that date as if this Act had not been enacted;
(b)
the continued operation or force of any finding or order following every such proceeding made under the repealed Act before 1st September 2008; and
(c)
any right of appeal accrued before 1st September 2008 in respect of any such finding or order, and where the appeal has been made under the repealed Act but has not been dealt with or disposed of immediately before that date, the appeal may be dealt with as if this Act had not been enacted.
(8) Any written law or document referring to the repealed Act shall, as far as may be necessary for preserving its effect, be construed as referring or as including a reference to this Act.
(9) Any reference in any written law or document to the Pharmacy Board shall be read as a reference to the Singapore Pharmacy Council.
(10) Any subsidiary legislation made under the repealed Act and in force immediately before 1st September 2008 shall, so far as it is not inconsistent with the provisions of this Act, continue in force as if made under this Act until it is revoked or repealed.
(11) For a period of 2 years after 1st September 2008, the Minister may, by regulations, prescribe such other transitional, incidental and consequential matters arising from the repeal of the repealed Act, as he may consider necessary or expedient.
(12) In this section “Pharmacy Board” means the Pharmacy Board established under section 3 of the repealed Act.
[77