Document ID: chunk:federal_register_of_legislation:C2025C00090:section:133:p2
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 133 (pt 2/3)
Character Range: 570028–572818

offence if the court concerned thought that the charge in relation to the offence was proved but, without proceeding to conviction, discharged the person conditionally on the person's entering into a recognizance.
 (4) The Minister may, at any time, by notice in writing:
 (a) remove a suspension, or further suspension, imposed under subsection (2); or
 (b) restore any approval or authority revoked under subsection (2).

Effect of acquittal
 (5) If, upon the hearing of a charge for an offence referred to in subsection (1), the person is acquitted, any suspension under subsection (1) in relation to him or her ceases to have effect.

Effect on Committees of Inquiry
 (6) If a medical practitioner, a dental practitioner, an optometrist, a midwife, a nurse practitioner or a pharmacist is charged before a court with an offence referred to in subsection (1):
 (a) any act or conduct to which the charge relates shall not be referred for investigation or report by a Committee of Inquiry; and
 (b) any investigation by a Committee of Inquiry into any such act or conduct shall cease.

Extended operation for approved pharmacist corporations
 (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;
  as if the approved pharmacist corporation were convicted of the offence; and
 (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;
  as if the approved pharmacist corporation were acquitted of the offence.

Definitions
 (7) In this section:
approved pharmacist has the same meaning as in Part VII.
approved pharmacist corporation means an approved pharmacist that is a body corporate.
authorised midwife has the same meaning as in Part VII.
authorised nurse practitioner has the same meaning as in Part VII.
authorised optometrist has the same meaning as in Part VII.
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