Victorian Numbered Acts Victorian Numbered Acts(1) A pharmacy or a pharmacy department must be personally supervised by a registered pharmacist at all times it is open for business.
(2) If pharmacy services are being provided at a pharmacy or pharmacy department that is not personally supervised by a registered pharmacist—
(a) in the case of a pharmacy, the person approved to carry on the pharmacy business of that pharmacy; and
(b) in the case of a pharmacy department, the person approved to carry on the pharmacy department; and
(c) the registered pharmacist who is regularly and usually in charge of the pharmacy or pharmacy department; and
(d) the registered pharmacist (if he or she is not the pharmacist referred to in paragraph (c)) who had in respect of that period of time been placed in charge of and had undertaken to personally supervise the pharmacy or pharmacy department—
are severally guilty of an offence and liable to a penalty not exceeding 25 penalty units.
(3) It is a defence in a prosecution for a contravention of this section if the defendant establishes that—
(a) he or she did not know and could not reasonably have known that at the relevant period of time the pharmacy or the pharmacy department was being used to provide pharmacy services and was not being personally supervised by a registered pharmacist; and
(b) he or she had reason to believe that at that period of time the pharmacy or the pharmacy department would be personally supervised by a registered pharmacist.
(4) In this section "personally supervised by a registered pharmacist" means personally supervised by a registered pharmacist who is present at the pharmacy or the pharmacy department.