Pharmacy Business Ownership Act 2024 (Qld)
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Pharmacy Business Ownership Act 2024
An Act to regulate ownership, control and operation of pharmacy businesses, and for other purposes, and to repeal the Pharmacy Business Ownership Act 2001
Part 1 Preliminary
1 Short title
This Act may be cited as the Pharmacy Business Ownership Act 2024.
2 Commencement
This Act commences on a day to be fixed by proclamation.
3 Main purposes
The main purposes of this Act are—(a)to promote the professional, safe and competent provision of pharmacy services by pharmacy businesses; and(b)to maintain public confidence in the pharmacy profession.
4 How main purposes are to be achieved
The main purposes of this Act are to be achieved mainly by—(a)limiting—(i)who may be an owner of, or hold a material interest in, a pharmacy business; and(ii)how many pharmacy businesses a person may be an owner of or hold a material interest in; and(iii)how and where pharmacy businesses may be carried on; and(b)imposing obligations on owners of, and persons who hold material interests in, pharmacy businesses; and(c)establishing the Queensland Pharmacy Business Ownership Council to administer, including to monitor and enforce compliance with, this Act.
5 Act binds all persons
(1)This Act binds all persons, including the State.(2)However, the State can not be prosecuted for an offence against this Act.
6 Relationship with Medicines and Poisons Act 2019
This Act does not limit the application of the Medicines and Poisons Act 2019.
Part 2 Interpretation
7 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
8 What is a pharmacy business
(1)A pharmacy business is a business that provides pharmacy services in Queensland that include core pharmacy services.(2)However, none of the following is a pharmacy business—(a)a business carried on by the State at a public sector hospital;(b)a business carried on at a hospital that provides core pharmacy services only to patients at the hospital;(c)a business carried on by a veterinary surgeon at premises used by the surgeon in the practice of the surgeon’s profession;(d)a business that compounds medicines for sale, or dispenses medicines, to members of the public solely in connection with the manufacture of animal food under a manufacturing licence under the Medicines and Poisons Act 2019.(3)In this section—core pharmacy service means—(a)the compounding of medicines for sale to members of the public; or(b)the dispensing, by or under the supervision of a practising pharmacist, of medicines to members of the public; or(c)the selling, by or under the supervision of a practising pharmacist, of medicines to members of the public other than on prescription.hospital means—(a)a public sector hospital; or(b)a private health facility under the Private Health Facilities Act 1999.public sector hospital see the Hospital and Health Boards Act 2011, schedule 2.veterinary surgeon see the Veterinary Surgeons Act 1936, schedule.
9 Who is a practising pharmacist
A practising pharmacist is a person who is registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession with general registration.
10 Who is an eligible person
(1)Each of the following is an eligible person—(a)a practising pharmacist;(b)a corporation whose directors and shareholders are all practising pharmacists;(c)a corporation—(i)whose directors and shareholders are a combination of practising pharmacists and close adult relatives of practising pharmacists; and(ii)in which the majority of shares, and all voting shares, are held by practising pharmacists;(d)a friendly society that, on 29 April 2005, carried on a pharmacy business in Queensland or another State;(e)a friendly society that is an amalgamation of 2 or more friendly societies mentioned in paragraph (d);(f)Mater Misericordiae Ltd ACN 096 708 922.(2)In this section—friendly society means a corporation—(a)that is registered under the Corporations Act under a name that includes the words ‘friendly society’; and(b)that is not carrying on business for the dominant purpose of securing a profit or pecuniary gain for its members; and(c)for which any object or intention of providing a dividend to its members is a limited, and not a dominant, purpose; and(d)that applies its property and income towards the objects of the corporation.
11 What are authorised premises
(1)Premises are authorised premises if the premises—(a)are not located in, or directly accessible from, a supermarket; and(b)meet the standards prescribed by regulation.(2)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(b) only after receiving advice from the council on the standards.(3)In this section—supermarket means premises used primarily for selling a range of food, beverages, groceries and other domestic goods.
12 Who is an owner of a pharmacy business
A person is an owner of a pharmacy business if the person owns the business—(a)solely; or(b)jointly with 1 or more other persons, including, for example, in a partnership.
13 What is a material interest in a pharmacy business
(1)Each of the following is a material interest in a pharmacy business—(a)an interest in the business as a shareholder of an owner of the business;(b)an interest in the business as a beneficiary of a trust of which an owner, or a shareholder of an owner, of the business is trustee;(c)another interest in the business, other than an interest of an owner of the business, that entitles the person who holds the interest to receive consideration that varies according to the profits or takings of the business.(2)To remove any doubt, it is declared that if an owner of a pharmacy business is a friendly society, the interest of a member of the owner is not a material interest in the business.
14 Pharmacy business licences held jointly
(1)This section applies in relation to a pharmacy business licence held jointly by 2 or more persons under this Act.(2)Unless the context otherwise indicates or requires—(a)a reference in this Act to the holder of the pharmacy business licence is taken to be a reference to each of the persons; and(b)an application made under this Act by the holder of the pharmacy business licence must be made jointly by each of the persons.(3)If the persons make an application jointly under this Act in relation to a pharmacy business licence, a reference in this Act to the applicant in relation to the application is taken to be a reference to each of the persons.(4)If a provision of this Act requires the persons to give the council a notice in relation to the pharmacy business licence in their capacity as the holder of the licence, each of the persons is taken to comply with the requirement if any 1 of the persons gives notice under the provision.
Part 3 Pharmacy businesses
Division 1 Ownership and material interests
15 Owner of pharmacy business must hold pharmacy business licence
(1)A person must not own a pharmacy business unless the person holds a pharmacy business licence for the business that is in effect.Maximum penalty—200 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 203, to have also committed the offence.(2)However, an owner of a pharmacy business does not commit an offence against subsection (1) during either of the following periods—(a)a period for which the pharmacy business licence for the business is suspended under section 65;(b)within 28 days after the expiry of the pharmacy business licence for the business.
16 Who may hold material interest in pharmacy business
A person must not hold a material interest in a pharmacy business unless—(a)the person is a practising pharmacist; or(b)the person is a close adult relative of a practising pharmacist and the practising pharmacist holds an interest in the business.Maximum penalty—200 penalty units.
17 Limit on number of pharmacy businesses a person may hold interest in
A person must not hold an interest in more than the following number of pharmacy businesses at the same time—(a)for a person mentioned in section 10(1)(d), (e) or (f)—6; or(b)for another person—5.Maximum penalty—200 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 203, to have also committed the offence.
Division 2 Operation
18 Definition for division
In this division—carry on, a pharmacy business, does not include carry on as an employee of the business.
19 Pharmacy business must be licensed
A person must not carry on a pharmacy business unless the business is a licensed pharmacy business.Maximum penalty—200 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 203, to have also committed the offence.
20 Licensed pharmacy business must be carried on at or from licensed premises
(1)A person must carry on a licensed pharmacy business only at or from the licensed premises for the business.Maximum penalty—200 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 203, to have also committed the offence.(2)For subsection (1), a person carries on a licensed pharmacy business at or from the licensed premises if the pharmacy services the business provides are provided—(a)entirely at the licensed premises; or(b)mainly at the licensed premises and also partly at another place, as long as the pharmacy services provided at the other place—(i)do not involve the compounding or dispensing of a medicine, or the selling of a medicine other than on prescription, at the place; and(ii)are provided under the direction or control of—(A)the person; or(B)an authorised pharmacist for the business.Examples of pharmacy services provided at other places—
•administering vaccinations in a way, and at a place, authorised under the Medicines and Poisons Act 2019•conducting a medication review at an aged-care facility•providing health-related information at a community event
21 Authorised pharmacist for licensed pharmacy business must be present at licensed premises
(1)An owner of a licensed pharmacy business must, unless the owner has a reasonable excuse, ensure an authorised pharmacist for the business is personally present at the licensed premises for the business at all times the business is open, other than for—(a)a period, or periods totalling, not more than 1 hour in a day; or(b)another period or periods approved by the council.Maximum penalty—50 penalty units.
(2)In deciding whether to approve another period under subsection (1)(b), the council must have regard to the needs of customers of the pharmacy services provided by the licensed pharmacy business.
22 Particular activities relating to licensed pharmacy business prohibited
(1)A person, other than an owner of a licensed pharmacy business, must not do or purport to do any of the following—(a)control how pharmacy services involving medicines are provided to the public by the business;(b)restrict the types of medicine or health service the business may provide to the public;Examples of a health service—
1Queensland Needle and Syringe Program service2opioid dependency treatment program service3sexual or reproductive health service(c)require medicine for the business to be bought from a particular supplier;(d)impose a sales target for the business in relation to a particular medicine.Maximum penalty—200 penalty units.
(2)Subsection (1) does not apply to—(a)an employee carrying out the duties of an employee of a licensed pharmacy business; or(b)a person imposing a requirement about a licensed pharmacy business that is about only 1 or more of the following—(i)opening hours;(ii)advertising, branding, product displays or other marketing activities;(iii)information technology systems;(iv)staff training;(v)staff uniforms.(3)A provision of a contract, agreement or arrangement is void to the extent it purports to authorise or permit an activity in relation to a licensed pharmacy business that is prohibited under subsection (1).
Part 4 Pharmacy business licences
Division 1 Application and grant
23 Who may apply
An eligible person may apply to the council for a pharmacy business licence.
24 Joint applications
(1)An application for a pharmacy business licence may be made jointly by 2 or more eligible persons.(2)For an application made jointly as permitted under subsection (1), a reference in this division to the applicant is taken to be a reference to each person making the application.
25 Requirements for application
(1)An application for a pharmacy business licence must—(a)be in the approved form; and(b)state the following—(i)the address of the premises at which the pharmacy business to which the application relates is, or is to be, carried on;(ii)if the applicant is a corporation—the name of each director and shareholder of the applicant;(iii)if the applicant is, or is to be, an owner of the business as trustee of a trust—the name of each beneficiary of the trust;(iv)if a person holds shares in the applicant as trustee of a trust—the name of each beneficiary of the trust;(v)the name of each person who, to the best of the applicant’s knowledge, holds a material interest in the business mentioned in section 13(1)(c); and(c)be accompanied by the application fee prescribed by regulation.(2)The application must not state more than 1 address for premises for subsection (1)(b)(i).
26 Requesting further information or document
(1)The council may, by notice given to an applicant for a pharmacy business licence, ask the applicant for further information or a document the council needs to decide the application.(2)The application is taken to be withdrawn if the applicant does not give the council the information or document—(a)within 14 days after receiving the notice; or(b)by a later day agreed between the council and the applicant.
27 Requesting inspection of premises
(1)The council may, by notice given to an applicant for a pharmacy business licence, ask the applicant to—(a)ensure the premises mentioned in section 25(1)(b)(i) are made available for inspection by the council on—(i)the day stated in the notice; or(ii)another day to be agreed between the applicant and the council; and(b)pay to the council the fee for inspecting the premises prescribed by regulation.(2)The day on which the premises are to be made available for inspection by the council must be within 14 days after the day the notice is given to the applicant.(3)If the council asks the applicant to pay the fee under subsection (1)(b), the applicant must pay the fee within 14 days after the notice is given to the applicant.(4)If the premises are not made available for inspection by the council on the stated or agreed day, or if the applicant does not pay the fee as required under subsection (3)—(a)the application is taken to be withdrawn; and(b)if the applicant has paid the fee—the council must refund the fee to the applicant.
28 Criteria for grant
The council may grant an application for a pharmacy business licence for a pharmacy business only if satisfied—(a)the applicant—(i)is an eligible person; and(ii)is a fit and proper person to own a pharmacy business; and(iii)does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the applicant; and(b)the proposed licensed premises for the pharmacy business are authorised premises; and(c)each person who the council is aware holds a material interest in the pharmacy business is a person who—(i)is permitted, under section 16, to hold a material interest in the pharmacy business; and(ii)does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person.
29 Deciding application
(1)After considering an application for a pharmacy business licence and any other information or document obtained in relation to the application, the council may decide to—(a)grant the pharmacy business licence; or(b)refuse to grant the pharmacy business licence.(2)If the application is made jointly by 2 or more applicants, the council may decide to grant, or refuse to grant, the pharmacy business licence to 1 or more, but not all, the applicants.(3)If the council decides to grant the pharmacy business licence to 1 or more applicants (each an approved applicant)—(a)the council must give each approved applicant—(i)a copy of the licence; and(ii)if a condition is imposed on the licence under section 30—an information notice for the decision to impose the condition; and(b)the approved applicants must pay to the council the licence fee for the licence prescribed by regulation.Note—
See sections 65(1)(c) and 66(1)(a) in relation to suspension and cancellation of pharmacy business licences for contraventions of this Act.(4)If the council decides to refuse to grant the pharmacy business licence to 1 or more applicants (each a refused applicant), the council must give each refused applicant an information notice for the decision.
30 Conditions
The council may impose conditions on a pharmacy business licence that the council considers appropriate.Note—
If a holder of a pharmacy business licence, or a director or shareholder of the holder, contravenes a condition of the licence, the council may—(a)suspend the licence under section 65; or(b)cancel the licence under section 66.
31 Term
(1)A pharmacy business licence—(a)is granted for the term of up to 1 year stated in the licence; and(b)comes into effect on the day stated in the licence.(2)A pharmacy business licence stops having effect if—(a)the licence is suspended, cancelled or surrendered under division 4; or(b)each holder of the licence disposes of the holder’s entire interest as an owner of the pharmacy business to which the licence relates; or(c)for a pharmacy business licence held by only 1 person—the holder of the licence dies.(3)However, a pharmacy business licence that is suspended stops having effect only for the period of the suspension.
32 Form of licence
A pharmacy business licence must state the following—(a)the name of the holder of the licence;(b)the address of the licensed premises for the business;(c)if a holder of the licence is a corporation—each director and shareholder of the holder;(d)if a holder of the licence owns the pharmacy business to which the licence relates as trustee of a trust—the name of each person who, to the best of the council’s knowledge, is a beneficiary of the trust;(e)the name of each person who, to the best of the council’s knowledge, holds a material interest in the business mentioned in section 13(1)(c);(f)the business name for the business;(g)the term of the licence;(h)the conditions, if any, applying to the licence.
Division 2 Renewal and restoration
33 Application for renewal
(1)The holder of a pharmacy business licence may, before the licence expires, apply to the council to renew the licence.(2)Subsection (3) applies if—(a)an application is made under this section; and(b)the council has not made a decision about whether to renew the pharmacy business licence to which the application relates before the licence expires.(3)The pharmacy business licence is taken to continue in effect until the council decides the application or the application is withdrawn, whichever happens first.(4)The application must be—(a)in the approved form; and(b)accompanied by the application fee prescribed by regulation.
34 Application for restoration of expired licence
(1)A person whose pharmacy business licence has expired may, within 28 days after the expiry, apply to the council to restore the licence.(2)If an application is made under this section, the pharmacy business licence to which the application relates is taken to be in effect from the time the licence expired until the council decides the application or the application is withdrawn, whichever happens first.
(3)The application must be—(a)in the approved form; and(b)accompanied by the application fee prescribed by regulation.
35 Deciding application
For deciding an application for renewal or restoration of a pharmacy business licence under this division, sections 26 to 30 apply—(a)as if—(i)a reference to an application for a pharmacy business licence were a reference to the application for renewal or restoration; and(ii)a reference to an applicant for a pharmacy business licence were a reference to the applicant for the renewal or restoration; and(iii)a reference to the grant of a pharmacy business licence were a reference to the grant of the renewal or restoration; and(b)with other necessary changes.
36 Term
(1)A renewal of a pharmacy business licence under this division extends the term of the licence by a period of 1 year, starting on—(a)if the application for the renewal is granted before the licence expires—the day after the day the licence would have expired but for the renewal; or(b)otherwise—the day the application for the renewal is granted.(2)A restoration of a pharmacy business licence under this division extends the term of the licence by a period of 1 year starting on the day the application for the restoration is granted.(3)A pharmacy business licence renewed or restored under this division stops having effect if—(a)the licence is suspended, cancelled or surrendered under division 4; or(b)each holder of the licence disposes of the holder’s entire interest as an owner of the pharmacy business to which the licence relates; or(c)for a pharmacy business licence held by only 1 person—the holder of the licence dies.(4)However, if a pharmacy business licence renewed or restored under this division is suspended, the licence stops having effect only for the period of the suspension.
Division 3 Changing pharmacy business licences
Subdivision 1 Adding a licence holder
37 Definition for subdivision
In this subdivision—incoming party, in relation to an application under section 38, see section 38(1).
38 Application to add a licence holder
(1)The holder of a pharmacy business licence and 1 other eligible person (the incoming party) may jointly apply to the council to add the incoming party as a holder of the licence.(2)The application must be—(a)in the approved form; and(b)accompanied by the application fee prescribed by regulation.
39 Requesting further information or document
(1)The council may, by notice given to an applicant who makes an application under section 38, ask the applicant for further information or a document the council needs to decide the application.(2)The application is taken to be withdrawn if the applicant does not give the council the information or document—(a)within 14 days after receiving the notice; or(b)by a later day agreed between the council and the applicant.
40 Criteria for grant
The council may grant an application under section 38 only if satisfied—(a)the incoming party—(i)is an eligible person; and(ii)is a fit and proper person to own a pharmacy business; and(iii)does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the incoming party; and(b)any other person who would hold a material interest in the pharmacy business to which the application relates because of the application being granted—(i)is permitted, under section 16, to hold a material interest in the business; and(ii)does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person.
41 Deciding application
(1)After considering an application under section 38 and any other information or document obtained in relation to the application, the council may decide to—(a)grant the application; or(b)refuse to grant the application.(2)If the council decides to grant the application—(a)the council must give each applicant—(i)a notice stating the decision; and(ii)a replacement copy of the pharmacy business licence incorporating the addition of the incoming party as a holder of the licence and the conditions, if any, imposed on the licence under section 42; and(iii)if a condition is imposed on the licence under section 42—an information notice for the decision to impose the condition; and(b)the addition of the incoming party takes effect on the day stated in the notice given under paragraph (a)(i).(3)The day stated in the notice under subsection (2)(b) must be—(a)after the day the notice is given to each applicant; or(b)an earlier day agreed between the council and each applicant.(4)If the council decides to refuse to grant the application, the council must give each applicant an information notice for the decision.
42 Conditions
The council may, in granting an application under section 38, impose conditions on the licence that the council considers appropriate in relation to the grant.
Subdivision 2 Removing a licence holder from licence held jointly
43 Application for removal by licence holder
(1)This section applies to a person who—(a)holds a pharmacy business licence jointly with 1 or more other persons; and(b)is no longer an owner of the pharmacy business to which the licence relates.(2)The person may apply to the council to remove the person as a holder of the pharmacy business licence.(3)The application must be—(a)in the approved form; and(b)accompanied by the application fee prescribed by regulation.
44 Requesting further information or document
(1)The council may, by notice given to an applicant who makes an application under section 43, ask the applicant for further information or a document the council needs to decide the application.(2)The application is taken to be withdrawn if the applicant does not give the council the information or document—(a)within 14 days after receiving the notice; or(b)by a later day agreed between the council and the applicant.
45 Criterion for grant
The council may grant an application under section 43 only if satisfied the applicant is not an owner of the pharmacy business to which the licence relates.
46 Deciding application
(1)After considering an application under section 43 and any other information or document obtained in relation to the application, the council may decide to—(a)grant the application; or(b)refuse to grant the application.(2)If the council decides to grant the application—(a)the council must—(i)give the applicant a notice stating the decision; and(ii)give the remaining holders of the pharmacy business licence a replacement copy of the licence incorporating the removal of the applicant as a holder of the licence; and(b)the removal of the applicant as a holder of the licence takes effect on the day stated in the notice.(3)The day stated in the notice under subsection (2)(b) must be—(a)after the day the notice is given to each applicant; or(b)an earlier day agreed between the council, the applicant and each holder of the pharmacy business licence.(4)If the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.
47 Removal of licence holder on council’s own initiative
(1)This section applies in relation to a person who holds a pharmacy business licence jointly with 1 or more other persons if—(a)the person has died; or(b)the council reasonably suspects the person is not an owner of the pharmacy business to which the licence relates; or(c)the council reasonably suspects a ground for cancelling the licence under section 66 exists—(i)in relation to the person; and(ii)not in relation to all the holders of the licence.(2)The council may decide to remove the person as a holder of the pharmacy business licence by giving the person or, if the person has died, the executor, administrator or trustee of the person’s estate, an information notice for the removal.(3)The removal takes effect on the day stated in the information notice.(4)The day stated in the information notice must be—(a)after the day the notice is given under subsection (2); or(b)an earlier day agreed between the council, the person to whom the notice is given under subsection (2) and each holder of the pharmacy business licence.(5)If the council decides to remove the person as a holder of the pharmacy business licence under this section, the council must give each remaining holder of the licence—(a)a notice stating the decision; and(b)a replacement copy of the licence incorporating the removal of the person as a holder of the licence.
48 Show cause notice before removal
(1)This section applies if the council is proposing to remove a person as a holder of a pharmacy business licence under section 47(1)(b) or (c).(2)The council must first give each holder of the pharmacy business licence a notice stating—(a)that the council proposes to remove the person as a holder of the licence; and(b)the ground for the proposed removal; and(c)that each holder of the licence may, within 28 days after the notice is given, give the council a written response to the proposed removal.(3)The council must consider any written response given by a holder of the pharmacy business licence under subsection (2)(c) before deciding whether to remove the person as a holder of the licence.
Subdivision 3 Changing licensed premises
49 Application by licence holder
(1)The holder of a pharmacy business licence may apply to the council to change the licensed premises for the pharmacy business to which the licence relates.(2)The application must—(a)be in the approved form; and(b)state the address of the proposed licensed premises; and(c)be accompanied by the application fee prescribed by regulation.
50 Requesting further information, document or inspection of premises
(1)The council may, by notice given to an applicant who makes an application under section 49—(a)ask the applicant for further information or a document the council needs to decide the application; or(b)ask the applicant to—(i)ensure the proposed licensed premises are made available for inspection by the council on—(A)the day stated in the notice; or(B)another day to be agreed between the applicant and the council; and(ii)pay to the council the fee for inspecting the premises prescribed by regulation.(2)If the notice asks the applicant to ensure premises are made available for inspection under subsection (1)(b)(i), the day on which the premises are to be made available must be within 14 days after the day the notice is given to the applicant.(3)If the council asks the applicant to pay a fee under subsection (1)(b)(ii), the applicant must pay the fee within 14 days after the notice is given to the applicant.(4)The application is taken to be withdrawn if—(a)the applicant does not give the council the information or document requested under subsection (1)(a)—(i)within 14 days after receiving the notice; or(ii)by a later day agreed between the council and the applicant; or(b)if the council makes a request under subsection (1)(b)(i)—the premises are not made available for inspection on the stated or agreed day; or(c)the applicant does not pay a fee as required under subsection (3).(5)If the applicant has paid the fee under subsection (3) and the application is taken to be withdrawn under subsection (4), the council must refund the fee to the applicant.
51 Criteria for grant
(1)The council may grant an application under section 49 only if satisfied the proposed licensed premises are authorised premises.(2)However, subject to subsection (1), the council must grant the application if the proposed licensed premises were the licensed premises for the pharmacy business immediately before the premises the applicant is applying to change became the licensed premises for the business.
52 Deciding application
(1)After considering an application under section 49 and any other information or document obtained in relation to the application, the council may decide to—(a)grant the application; or(b)refuse to grant the application.(2)If the council decides to grant the application—(a)the council must give the applicant—(i)a notice stating the decision; and(ii)a replacement copy of the pharmacy business licence incorporating the change of licensed premises applied for; and(b)the change takes effect on the day stated in the notice.(3)The day stated in the notice under subsection (2)(b) must be after the day the notice is given to the applicant.(4)If the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.
Subdivision 4 Adding or removing material interest holder or director
53 Application by licence holder
(1)The holder of a pharmacy business licence may apply to the council to add to, or remove from, the licence the name of a person as—(a)a holder of a material interest in the pharmacy business to which the licence relates; or(b)a director of a holder of the licence that is a corporation.(2)The application must be—(a)in the approved form; and(b)accompanied by the application fee prescribed by regulation.
54 Requesting further information or document
(1)The council may, by notice given to an applicant who makes an application under section 53, ask the applicant for further information or a document the council needs to decide the application.(2)The application is taken to be withdrawn if the applicant does not give the council the information or document—(a)within 14 days after receiving the notice; or(b)by a later day agreed between the council and the applicant.
55 Criteria for grant
The council may grant an application under section 53 only if satisfied—(a)the applicant is still a fit and proper person to own a pharmacy business; and(b)for an application to add the name of a person as a holder of a material interest in the pharmacy business, the person—(i)is permitted, under section 16, to hold a material interest in the pharmacy business; and(ii)does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person; and(c)for an application to remove the name of a person as a holder of a material interest in the business—the person no longer holds a material interest in the business; and(d)for an application to add, or remove, the name of a person as a director of a holder of the pharmacy business licence that is a corporation—the person is, or is no longer, a director of the holder.
56 Deciding application
(1)After considering an application under section 53 and any other information or document obtained in relation to the application, the council may decide to—(a)grant the application; or(b)refuse to grant the application.(2)If the council decides to grant the application, the council must give each holder of the pharmacy business licence to which the application relates—(a)a notice stating the decision; and(b)a replacement copy of the licence incorporating the addition or removal of the material interest holder’s or director’s name applied for.(3)If the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.
57 Addition or removal of material interest holder or director on council’s own initiative
(1)This section applies if the council reasonably suspects that the list of persons stated on a pharmacy business licence is incorrect because it includes, or does not include, the name of a person as—(a)a holder of a material interest in the pharmacy business to which the licence relates; or(b)a director of the holder of the licence that is a corporation.(2)The council may decide, by giving each holder of the pharmacy business licence an information notice for the decision, to correct the list of persons stated on the licence by adding to, or removing from, the list the name of a person.(3)If the council decides to add to, or remove from, a list of persons stated on a pharmacy business licence the name of a person under this section, the council must give each holder of the licence—(a)a notice stating the decision; and(b)a replacement copy of the licence incorporating the addition or removal of the person’s name.
58 Show cause notice before addition or removal
(1)This section applies if the council is proposing to correct the list of persons stated on a pharmacy business licence by adding to, or removing from, the list the name of a person under section 57.(2)The council must first give each holder of the pharmacy business licence a notice stating—(a)that the council proposes to add to, or remove from, the list the name of a stated person as—(i)a holder of a material interest in the pharmacy business to which the licence relates; or(ii)a director of a holder of the licence that is a corporation; and(b)the ground for the proposed addition or removal; and(c)that each holder of the licence may, within 28 days after the notice is given, give the council a written response to the proposed addition or removal.(3)The council must consider any written response given by a holder of the pharmacy business licence under subsection (2)(c) before deciding whether to add to, or remove from, the list the name of a person.
Subdivision 5 Other changes
59 Application by licence holder
(1)The holder of a pharmacy business licence may apply to the council to change any of the following stated on the licence—(a)the business name for the pharmacy business to which the licence relates;(b)a condition of the licence;(c)if the name of a holder of the licence, a director of a holder of the licence that is a corporation, or a person who holds a material interest in the pharmacy business to which the licence relates, has changed—the name of the holder, director or person.Examples for paragraph (c)—
•a holder of a pharmacy business licence that is a corporation changes its name•a person who holds a material interest in a pharmacy business changes the person’s surname(2)The application must be—(a)in the approved form; and(b)accompanied by the application fee prescribed by regulation.
60 Requesting further information or document
(1)The council may, by notice given to an applicant who makes an application under section 59, ask the applicant for further information or a document the council needs to decide the application.(2)The application is taken to be withdrawn if the applicant does not give the council the information or document—(a)within 14 days after receiving the notice; or(b)by a later day agreed between the council and the applicant.
61 Criterion for grant
The council may grant an application under section 59 only if satisfied the grant is reasonable and appropriate in the circumstances.
62 Deciding application
(1)After considering an application under section 59 and any other information or document obtained in relation to the application, the council may decide to—(a)grant the application; or(b)refuse to grant the application.(2)If the council decides to grant the application, the council must give the applicant—(a)a notice stating the decision; and(b)a replacement copy of the pharmacy business licence incorporating the change applied for.(3)If the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.
63 Change on council’s own initiative
(1)This section applies if the council reasonably believes it is necessary in the circumstances to change the conditions of a pharmacy business licence to ensure—(a)the proper operation of the pharmacy business to which the licence relates; or(b)the health and wellbeing of customers of the pharmacy business to which the licence relates.(2)Also, this section applies if the council—(a)reasonably suspects a ground for suspending a pharmacy business licence under section 65, or cancelling a pharmacy business licence under section 66, exists; and(b)reasonably believes it is necessary in the circumstances, to ensure the health and wellbeing of customers of the pharmacy business to which the licence relates, to change the conditions of the licence instead of suspending or cancelling the licence.
(3)The council may decide to change the conditions of the pharmacy business licence by giving each holder of the licence—(a)an information notice for the change; and(b)a replacement copy of the licence incorporating the change.(4)The change takes effect on the day stated in the information notice.(5)The day stated in the information notice must be after the day the notice is given to all holders of the pharmacy business licence under subsection (3)(a).(6)In this section—change, for the conditions of a pharmacy business licence, includes impose a new condition on the licence.
64 Show cause notice before change
(1)This section applies if the council is proposing to change the conditions of a pharmacy business licence under section 63.(2)The council must first give each holder of the pharmacy business licence a notice stating—(a)that the council proposes to change the conditions of the licence; and(b)the reasons for the proposed change; and(c)that each holder of the licence may, within 28 days after the notice is given, give the council a written response to the proposed change.(3)The council must consider any written response given by a holder of the pharmacy business licence under subsection (2)(c) before deciding whether to change the conditions of the licence.
Division 4 Suspension, cancellation and surrender
65 Suspension
(1)This section applies in relation to a pharmacy business licence if the council reasonably suspects—(a)the licence was granted, renewed or restored because of materially incorrect, false or misleading information; or(b)a holder of the licence, or a director or shareholder of a holder of the licence, has contravened a condition of the licence; or(c)a holder of the licence, or a director or shareholder of a holder of the licence, has contravened this Act, the Health Practitioner Regulation National Law or the Medicines and Poisons Act 2019, whether or not the person has been convicted of an offence for the contravention; or(d)the licensed premises for the licence are not authorised premises; or(e)a holder of the licence, or a director or shareholder of a holder of the licence, is a practising pharmacist whose registration under the Health Practitioner Regulation National Law to practise in the pharmacy profession with general registration is suspended under that Law; or(f)a holder of the licence holds another pharmacy business licence that has been suspended under this Act.(2)However, this section does not apply in relation to a ground mentioned in subsection (1) if the council forms the reasonable belief mentioned in section 63(2)(b) in relation to the ground.(3)The council may suspend the pharmacy business licence by giving each holder of the licence an information notice for the suspension.(4)The suspension—(a)takes effect on the day stated in the information notice; and(b)continues for—(i)if the suspension was made on the ground mentioned in subsection (1)(e)—the period for which the registration under the Health Practitioner Regulation National Law to practise in the pharmacy profession with general registration is suspended under that Law; or(ii)otherwise—the period of not more than 90 days stated in the information notice.(5)The day stated in the information notice must be after the day the notice is given to all holders of the pharmacy business licence.
66 Cancellation
(1)This section applies in relation to a pharmacy business licence if the council reasonably suspects—(a)any of the grounds mentioned in section 65(1)(a) to (f) apply in relation to the licence; or(b)a holder of the licence is not an eligible person; or(c)a holder of the licence is not a fit and proper person to own a pharmacy business; or(d)a person who holds a material interest in the pharmacy business to which the licence relates is not permitted to hold a material interest in the business under section 16; or(e)a holder of the licence, or a person who holds a material interest in the pharmacy business to which the licence relates, holds an interest in more than the maximum number of pharmacy businesses permitted under section 17 for the holder; or(f)a holder of the licence holds another pharmacy business licence that has been cancelled under this Act.(2)However, this section does not apply in relation to a ground mentioned in subsection (1) if the council forms the reasonable belief mentioned in section 63(2)(b) in relation to the ground.(3)Also, this section does not apply if a ground mentioned in subsection (1) applies in relation to 1 or more, but not all, of the holders of the licence and the council decides to act under section 47 instead in relation to the ground.(4)The council may cancel the pharmacy business licence by giving each holder of the licence an information notice for the cancellation.(5)The cancellation takes effect on the day stated in the information notice.(6)The day stated in the information notice must be after the day the notice is given to all holders of the pharmacy business licence.
67 Show cause notice before suspension or cancellation
(1)This section applies if the council is proposing to—(a)suspend a pharmacy business licence under section 65; or(b)cancel a pharmacy business licence under section 66.(2)The council must first give each holder of the pharmacy business licence a notice stating—(a)that the council proposes to suspend or cancel the licence; and(b)the reasons for the proposed suspension or cancellation; and(c)that each holder of the licence may, within 28 days after the notice is given, give the council a written response to the proposed suspension or cancellation.(3)The council must consider any written response given by a holder of the pharmacy business licence under subsection (2)(c) before deciding whether to suspend or cancel the licence.
68 Immediate suspension or cancellation without show cause notice
(1)This section applies if the council reasonably suspects—(a)either of the following exists for a pharmacy business licence—(i)a ground for suspending the licence under section 65;(ii)a ground for cancelling the licence under section 66; and(b)carrying on the pharmacy business to which the licence relates poses an immediate risk to public health or safety.(2)The council may, without giving each holder of the pharmacy business licence a notice under section 67—(a)if subsection (1)(a)(i) applies in relation to the licence—immediately suspend the licence; or(b)if subsection (1)(a)(ii) applies in relation to the licence—immediately cancel the licence.(3)However, the council must immediately tell each holder of the pharmacy business licence about the suspension or cancellation by giving the holder an information notice.(4)The suspension or cancellation takes effect on the day stated in the information notice.(5)The council may not suspend a pharmacy business licence under subsection (2)(a) for a period of more than 90 days.
69 Surrender
(1)The holder of a pharmacy business licence may surrender the licence by notice to the council at any time.(2)Despite section 14(4), if a pharmacy business licence is held jointly by 2 or more persons, a notice under subsection (1) must be given jointly by each of the persons.(3)If a pharmacy business licence is held by only 1 person, the person must, unless the person has a reasonable excuse, surrender the licence by notice to the council within 14 days after the person—(a)stops being an eligible person; or(b)disposes of the person’s interest as owner of the pharmacy business to which the licence relates.Maximum penalty—50 penalty units.
(4)A surrender of a pharmacy business licence under this section takes effect on the day the notice surrendering the licence is given to the council.
Division 5 Miscellaneous
70 Dealings with pharmacy business licences prohibited
(1)The holder of a pharmacy business licence must not—(a)sell or transfer the licence to someone else; or(b)notify or advertise that the licence is available for sale or transfer; or(c)permit or allow someone else to hold out that the person is the holder of the licence.Maximum penalty—200 penalty units.
(2)A person must not buy or receive a transfer of a pharmacy business licence.Maximum penalty—200 penalty units.
71 False or misleading information
(1)A person must not, in relation to a pharmacy business licence or an application under this Act—(a)state anything to the council the person knows is false or misleading in a material particular; or(b)give the council information or a document the person knows is false or misleading in a material particular.Maximum penalty—100 penalty units.
(2)Subsection (1) does not apply to a person who, when making the statement or giving the information or document—(a)tells the council, to the best of the person’s ability, how the statement, information or document is false or misleading; and(b)if the person has, or can reasonably obtain, the correct information—gives the correct information to the council.
Part 5 Fit and proper persons
72 Deciding whether person is fit and proper to own pharmacy business
In deciding whether a person is a fit and proper person to own a pharmacy business, the council must have regard to the following—(a)whether the person, or a director or shareholder of the person, holds or has previously held a pharmacy business licence;(b)any conditions of a pharmacy business licence held or previously held by the person, or a director or shareholder of the person;(c)whether a pharmacy business licence held or previously held by the person, or a director or shareholder of the person, is or has been suspended or cancelled;(d)whether the person, or a director or shareholder of the person, has contravened this Act, the Health Practitioner Regulation National Law or the Medicines and Poisons Act 2019, whether or not the person, director or shareholder has been convicted of an offence for the contravention;(e)whether the person is a party to a contract, agreement or arrangement in relation to a licensed pharmacy business containing a provision to which section 22(3) applies;(f)whether the person, or a director or shareholder of the person, has been convicted of an indictable offence;(g)if the person is an individual—whether the person is, or has been—(i)an insolvent under administration; or(ii)disqualified from managing corporations under the Corporations Act;(h)if the person is a corporation—whether the person is, or has been—(i)placed into administration, receivership or liquidation; or(ii)wound up or deregistered under the Corporations Act;(i)any condition, undertaking, suspension or cancellation that applies, or has applied, under the Health Practitioner Regulation National Law in relation to the registration of the person, or a director or shareholder of the person, under that Law to practise in the pharmacy profession with general registration;(j)another matter the council considers relevant in deciding whether the person is a fit and proper person to own a pharmacy business.
73 Criminal history report
(1)This section applies if the council is considering whether a person is a fit and proper person to own a pharmacy business under section 72.(2)The council may ask the commissioner of the police service for a criminal history report about—(a)the person; or(b)a director or shareholder of the person.(3)However, the council may make the request only if the person, director or shareholder has given the council written consent for the request.(4)The commissioner of the police service must comply with the request.(5)However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner has access.(6)The council must ensure any information received under this section—(a)is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested; and(b)is not used for any purpose other than the purpose for which it was requested.(7)Subsection (6)(a) does not apply to the extent the information is part of communication that must be preserved as a public record under the Public Records Act 2023.Example of part of a communication—
an attachment to an email
73A Exchange of information
(1)The council may enter into an arrangement (an information-sharing arrangement) with the chief executive for the purposes of sharing or exchanging information—(a)held by the council or the chief executive; or(b)to which the council or the chief executive has access.(2)An information-sharing agreement may relate only to—(a)information, obtained by the chief executive in the performance of a function under an Act, that may be relevant to the council making a decision under section 72 about a person; or(b)other information that is reasonably necessary to facilitate the sharing with the council of information mentioned in paragraph (a).(3)Under an information-sharing arrangement, the council and the chief executive are, despite another Act or law, authorised to—(a)ask for and receive information held by the other party to the arrangement or to which the other party has access; and(b)disclose information to the other party.(4)The council must ensure any information received in accordance with an information-sharing arrangement is not used for any purpose other than the making of a decision under section 72 about the person to whom the information relates.
74 Review of written contract, agreement or arrangement
(1)This section applies if a person gives the council a document requested by the council under this Act for the purpose of determining whether the person is a party to a contract, agreement or arrangement mentioned in section 72(e).Note—
See, for example, sections 26, 39, 54 and 81 for provisions under which the council may ask for a document as mentioned in subsection (1).(2)The council may—(a)appoint an appropriately qualified person (the reviewer) to—(i)review the document for the purpose of determining the matter mentioned in subsection (1); and(ii)prepare a report on the review for the council; and(b)by notice to the person, ask the person to pay to the council the fee prescribed by regulation for having the reviewer carry out the review and prepare the report.(3)If the council asks the person to pay a fee under subsection (2)(b), the person must pay the fee within 14 days after the notice is given to the person.(4)If the reviewer does not conduct the review and give a copy of the report to the council within 60 days after the appointment, the council may decide that the person is not a party to a contract, agreement or arrangement mentioned in section 72(e).
Part 6 Obligations of holders of pharmacy business licences and material interests
75 Notification of new convictions
(1)This section applies if a holder, or a director or shareholder of a holder, of a pharmacy business licence is convicted of an indictable offence during the term of the licence.(2)The holder, director or shareholder must, within 14 days after being convicted of the offence, give notice of the conviction to the council, unless the holder, director or shareholder has a reasonable excuse.Maximum penalty—100 penalty units.
(3)The notice must include—(a)the existence of the conviction; and(b)details adequate to identify the offence; and(c)details of when the offence was committed; and(d)the sentence imposed, if any, on the holder, director or shareholder.
76 Notification of change in circumstances relating to whether holder of pharmacy business licence etc. is fit and proper person
(1)This section applies if the circumstances relating to any of the following matters change for a holder, or a director or shareholder of a holder, of a pharmacy business licence—(a)a matter mentioned in section 72(a) to (e) or (g) to (j);(b)a matter mentioned in section 72(j) that the holder, director or shareholder knows, or ought reasonably to know, the council considered in deciding whether to grant the licence.(2)The holder, director or shareholder must give the council notice of the change within 14 days after the change, unless the holder, director or shareholder has a reasonable excuse.Maximum penalty—50 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 203, to have also committed the offence.(3)However, the holder, director or shareholder does not commit an offence against subsection (2) if—(a)the change relates to a contravention of this Act, the Health Practitioner Regulation National Law or the Medicines and Poisons Act 2019; and(b)complying with the subsection might tend to incriminate the person or expose the person to a penalty.
77 Notification of death of joint licence holder
(1)This section applies if—(a)2 or more persons jointly hold a pharmacy business licence; and(b)1 of the holders dies.(2)The holder of the pharmacy business licence after the death must, unless the holder has a reasonable excuse, give the council notice of the death within 14 days after the death.Maximum penalty—50 penalty units.
Note—
See also section 47, under which the council may decide to remove a person as a holder of a pharmacy business licence if the person has died.
78 Notification of change of contact details for licensed pharmacy business
(1)This section applies if the postal address, phone number or email address for a licensed pharmacy business changes.Examples of a change of a postal address for a licensed pharmacy business—
•a change of the street address details for the licensed premises for the business by Australia Post•for licensed premises in a shopping centre—a change of the shop number allocated to the premises by the owner of the centre(2)The holder of the pharmacy business licence for the pharmacy business must, unless the holder has a reasonable excuse, give the council notice of the change within 14 days after the change.Maximum penalty—50 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 203, to have also committed the offence.
79 Notification of change relating to holder of material interest in pharmacy business or director of licence holder
(1)This section applies if a holder of a pharmacy business licence becomes aware of—(a)a change in the number or type of shares a person holds in the holder; or(b)a change in a person’s material interest in the pharmacy business to which the licence relates, including, for example, a person acquiring a new material interest in the pharmacy business or disposing of the person’s material interest in the pharmacy business; or(c)a change of a director of a holder of the licence.(2)The holder of the pharmacy business licence must, unless the holder has a reasonable excuse, give the council notice of the change—(a)in the approved form; and(b)within 14 days after becoming aware of the change.Maximum penalty—50 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 203, to have also committed the offence.(3)Subsection (2) does not apply in relation to a change mentioned in subsection (1)(b) or (c) if the holder of the pharmacy business licence makes an application under section 53 in relation to the change within the 14 day period mentioned in subsection (2).
80 Notification of temporary closure of licensed pharmacy business
(1)This section applies if the holder of a pharmacy business licence is proposing to temporarily stop carrying on the pharmacy business to which the licence relates for a period of more than 1 week.(2)The holder must, unless the holder has a reasonable excuse, give the council notice stating the period for which the licensed pharmacy business will not be carried on, before the stoppage happens.Maximum penalty—10 penalty units.
(3)The council may, within 14 days after receiving a notice under this section, publish on the council’s website the period, stated in the notice, for which the business will not be carried on.
81 Council may require holder of pharmacy business licence to give particular information
(1)The council may, by notice given to a holder of a pharmacy business licence, require the holder to give the council, within a reasonable period of at least 14 days stated in the notice, information or a document in the possession or control of the holder that the council—(a)requires to determine whether the holder is—(i)an eligible person; or(ii)a fit and proper person to own a pharmacy business; or(b)requires to determine whether a person holds a material interest in the pharmacy business to which the licence relates; or(c)otherwise considers necessary for the administration of this Act.(2)The holder must comply with the notice, unless the holder has a reasonable excuse.Maximum penalty—50 penalty units.
Part 7 Ownership and operation of pharmacy businesses for which licences have stopped having effect
82 Definitions for part
In this part—decision criteria, in relation to a decision under this part about a pharmacy business, means the following—(a)the purposes of this Act;(b)the financial and operational circumstances of the business;(c)the health and wellbeing of customers of the business.previous holder, of a cancelled pharmacy business licence, means the person who held the licence immediately before the cancellation.
83 Death of licence holder
(1)This section applies if a pharmacy business licence ends under section 31(2)(c) or 36(3)(c).(2)The executor, administrator or trustee of the deceased licence holder’s estate may be an owner of, or carry on, the pharmacy business to which the licence relates—(a)for the period starting on the day the holder dies and ending 1 year after that day; or(b)for a longer period, of not more than 2 years starting on the day the holder dies, approved by the council having regard to the decision criteria.Note—
See section 88 in relation to requirements about carrying on the pharmacy business.(3)The council may grant an approval under subsection (2)(b) on conditions the council considers appropriate.(4)Sections 15, 19 and 20 do not apply to the executor, administrator or trustee in relation to being an owner of, or carrying on, the pharmacy business until the period mentioned in subsection (2) ends.
84 Registration cancellation
(1)This section applies if the council cancels a pharmacy business licence on a ground mentioned in section 66(1)(b) because the registration of a holder of the licence, or a director or shareholder of a holder of the licence, under the Health Practitioner Regulation National Law to practise in the pharmacy profession with general registration has been cancelled under that Law.(2)The previous holder of the pharmacy business licence may continue to be an owner of, or to carry on, the pharmacy business to which the licence relates for a period, or periods, approved by the council.Note—
See section 88 in relation to requirements about carrying on the pharmacy business.(3)In deciding whether to grant an approval under subsection (2), the council must have regard to the decision criteria.(4)Each period approved by the council under subsection (2) must not be more than 3 months.(5)The total of all periods approved by the council under subsection (2) must not be more than 1 year.(6)The council may grant an approval under subsection (2) on conditions the council considers appropriate.(7)Sections 15, 19 and 20 do not apply to the previous holder of the pharmacy business licence in relation to being an owner of, or carrying on, the pharmacy business during any period approved by the council under this section.
85 Director, shareholder or beneficiary no longer spouse of practising pharmacist
(1)This section applies if the council cancels a pharmacy business licence—(a)on the ground mentioned in section 66(1)(b) because a director or shareholder of a holder of the licence stops being a practising pharmacist’s spouse; or(b)on the ground mentioned in section 66(1)(d) because a beneficiary of a trust of which a holder of the licence is trustee stops being a practising pharmacist's spouse.(2)The previous holder of the pharmacy business licence may continue to be an owner of, or to carry on, the pharmacy business to which the licence relates—(a)for the period starting on the day the licence is cancelled and ending 1 year after that day; or(b)for a longer period, of not more than 2 years starting on the day the licence is cancelled, approved by the council having regard to the decision criteria.Note—
See section 88 in relation to requirements about carrying on the pharmacy business.(3)The council may grant an approval under subsection (2)(b) on conditions the council considers appropriate.(4)Until the period mentioned in subsection (2) ends—(a)sections 15, 19 and 20 do not apply to the previous holder of the pharmacy business licence in relation to being an owner of, or carrying on, the pharmacy business; and(b)section 16 does not apply to the former spouse of the practising pharmacist in relation to holding a material interest in the business.
86 Demutualisation of licence holder
(1)This section applies if the council cancels a pharmacy business licence on the ground mentioned in section 66(1)(b) because—(a)the holder of the licence is a corporation whose constitution is modified; and(b)the demutualisation provisions apply to the modification.(2)The previous holder of the pharmacy business licence may continue to be an owner of, or to carry on, the pharmacy business to which the licence relates for the period starting on the day the licence is cancelled and ending 6 months after that day.Note—
See section 88 in relation to requirements about carrying on the pharmacy business.(3)Sections 15, 19 and 20 do not apply to the previous holder in relation to being an owner of, or carrying on, the pharmacy business until the period mentioned in subsection (2) ends.(4)In this section—demutualisation provisions means the Corporations Act, schedule 4, part 5.
87 Licence holder being insolvent etc.
(1)This section applies if—(a)the council cancels a pharmacy business licence on the ground mentioned in section 66(1)(c) having regard to the matters mentioned in section 72(g) or (h); and(b)the property of the previous holder of the licence vests in, or comes under the control of, a trustee, liquidator, receiver or administrator.(2)Sections 15 and 22 do not apply to the trustee, liquidator, receiver or administrator in relation to the pharmacy business to which the pharmacy business licence relates.(3)Subsections (4) to (9) apply if the property of the previous holder of the pharmacy business licence vests in an administrator.(4)The administrator may continue to carry on the pharmacy business to which the licence relates for a period, or periods, approved by the council.Note—
See section 88 in relation to requirements about carrying on the pharmacy business.(5)In deciding whether to grant an approval under subsection (4), the council must have regard to the decision criteria.(6)Each period approved by the council under subsection (4) must not be more than 3 months.(7)The total of all periods approved by the council under subsection (4) must not be more than 1 year.(8)The council may grant an approval under subsection (4) on conditions the council considers appropriate.(9)Sections 19 and 20 do not apply to the administrator in relation to carrying on the pharmacy business during any period approved by the council under this section.
88 Requirements for temporary operators of pharmacy businesses
(1)This section applies to a person (a temporary operator) who carries on a pharmacy business, after the pharmacy business licence for the business stops having effect, for a period as permitted under this part.(2)The temporary operator must carry on the pharmacy business only at or from the premises in relation to which the pharmacy business licence was in effect.Maximum penalty—200 penalty units.
(3)For subsection (2), the temporary operator carries on the pharmacy business at or from the premises if the pharmacy services the business provides are provided—(a)entirely at the premises; or(b)mainly at the premises and also partly at another place, as long as the pharmacy services provided at the other place—(i)do not involve the compounding or dispensing of a medicine, or the selling of a medicine other than on prescription, at the place; and(ii)are provided under the direction or control of a practising pharmacist employed or otherwise engaged by the operator.Examples of pharmacy services provided at other places—
•administering vaccinations in a way, and at a place, authorised under the Medicines and Poisons Act 2019•conducting a medication review at an aged-care facility•providing health-related information at a community event(4)The temporary operator must, unless the operator has a reasonable excuse, ensure a practising pharmacist is personally present at the premises at all times the business is open, other than for—(a)a period, or periods totalling, not more than 1 hour in a day; or(b)another period or periods approved by the council.Maximum penalty—50 penalty units.
(5)The temporary operator must, unless the operator has a reasonable excuse, give the council notice of the name of each practising pharmacist—(a)under whose direction or control pharmacy services are to be provided under subsection (3)(b)(ii); or(b)who is to be personally present at the premises at a time the pharmacy business is open under subsection (4).(6)The temporary operator must give the council notice of the name of each practising pharmacist who is to be personally present at the premises at a time the pharmacy business is open, unless the temporary operator has a reasonable excuse.Maximum penalty—50 penalty units.
(7)In deciding whether to approve another period under subsection (4)(b), the council must have regard to needs of customers of the pharmacy services provided by the pharmacy business.(8)A temporary operator who carries on a pharmacy business for a period approved by the council under this part must comply with—(a)any condition stated in the approval; and(b)a condition of the pharmacy business licence for the business, to the extent—(i)the condition relates to the carrying on of the business; and(ii)the condition is not inconsistent with a condition mentioned in paragraph (a).Maximum penalty—200 penalty units.
(9)A condition of the pharmacy business licence is taken to continue in effect to the extent necessary for subsection (8)(b).
Part 8 Investigation and enforcement
Division 1 Interpretation
89 Definitions for part
In this part—disposal order see section 129(2).occupier, of a place, includes the following—(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;(c)if no-one apparently occupies the place—any person who is an owner of the place.of, a place, includes at or on the place.offence warning, for a direction or requirement by an inspector, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction is given, or of whom the requirement is made, not to comply with the direction or requirement.owner, of a thing that has been seized under division 4, includes a person who would be entitled to possession of the thing had it not been seized.person in control, of a thing, includes any person who reasonably appears to be, claims to be, or acts as if the person is, the person in possession or control of the thing.place includes the following—(a)premises;(b)vacant land;(c)a place in Queensland waters;(d)a place held under more than 1 title or by more than 1 owner;(e)the land or water on or in which a building or other structure, or a group of buildings or other structures, is situated.public place means a place, or part of a place—(a)that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; orExamples of a place that may be a public place under paragraph (a)—
a beach, a park, a road(b)the occupier of which allows, whether or not on payment of money, members of the public to enter.Examples of a place that may be a public place under paragraph (b)—
a saleyard, a showground
90 References to exercise of powers
A reference in this part to the exercise of a power by an inspector, other than a reference to the exercise of a specific power, is a reference to the exercise of all or any of an inspector’s powers under this part or a warrant, to the extent the powers are relevant.
Division 2 General provisions about inspectors
Subdivision 1 Appointment
91 Inspectors under part
This part includes provision for the appointment of inspectors, and gives inspectors particular powers.
92 Functions of inspectors
An inspector has the following functions—(a)to investigate, monitor and enforce compliance with this Act;(b)to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;(c)to facilitate the exercise of powers under this Act.
93 Appointment
(1)The council may, by instrument in writing, appoint any of the following persons as an inspector—(a)a member of the council’s staff;(b)a contractor of the council;(c)a health service employee;(d)a public sector employee;(e)another person of a class prescribed by regulation.(2)However, the council may appoint a person as an inspector only if satisfied the person is appropriately qualified.
94 Appointment conditions and limit on powers
(1)An inspector holds office on any conditions stated in—(a)the inspector’s instrument of appointment; or(b)a signed notice given to the inspector; or(c)a regulation.(2)The instrument of appointment, signed notice or regulation may limit the inspector’s powers.(3)In this section—signed notice means a notice signed by the council.
95 Accountability of inspectors
(1)An inspector must give written notice to the council of all interests that the inspector has, or acquires, and that conflict or could conflict with the proper performance of the inspector’s functions.(2)The council must give a direction to an inspector not to deal, or to no longer deal, with a matter if the council becomes aware that the inspector has a potential conflict of interest in relation to a matter and the council considers that the inspector should not deal, or should no longer deal, with the matter.Note—
Failure by an inspector to comply with subsection (1) or a direction given by the council under subsection (2) may result in action by the council under section 96 or disciplinary action under the Public Sector Act 2022.
96 Suspension and ending of appointment of inspectors
(1)The office of a person as an inspector ends if any of the following happens—(a)the term of office stated in a condition of office ends;(b)under another condition of office, the office ends;(c)the inspector’s resignation under section 97 takes effect.(2)The council may suspend or end the appointment of an inspector.(3)Subsections (1) and (2) do not limit the ways the office of a person as an inspector ends.(4)In this section—condition of office means a condition under which the inspector holds office.
97 Resignation
An inspector may resign by signed notice given to the council.
Subdivision 2 Identity cards
98 Issue of identity card
(1)The council must issue an identity card to each inspector.(2)The identity card must—(a)contain a recent photo of the inspector; and(b)contain a copy of the inspector’s signature; and(c)identify the person as an inspector under this Act; and(d)state an expiry date for the card.
99 Production or display of identity card
(1)In exercising a power in relation to a person in the person’s presence, an inspector must—(a)produce the inspector’s identity card for the person’s inspection before exercising the power; or(b)have the identity card displayed so it is clearly visible to the person when exercising the power.(2)However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.(3)For subsection (1), an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 101(1)(b) or (d).
100 Return of identity card
If the office of a person as an inspector ends, the person must return the person’s identity card to the council within 21 days after the office ends unless the person has a reasonable excuse.Maximum penalty—10 penalty units.
Division 3 Entry of places by inspectors
Subdivision 1 Power to enter
101 General power to enter places
(1)An inspector may enter a place if—(a)an occupier of the place consents under subdivision 2 to the entry and section 104 has been complied with for the occupier; or(b)the place is a public place and the entry is made when the place is open to the public; or(c)the entry is authorised under a warrant and, if there is an occupier of the place, section 111 has been complied with for the occupier; or(d)the place is the licensed premises for a licensed pharmacy business and is—(i)open for carrying on the business; or(ii)otherwise open for entry.(2)If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.(3)If the power to enter is under a warrant, the power is subject to the terms of the warrant.
Subdivision 2 Entry by consent
102 Application of subdivision
This subdivision applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 101(1)(a).
103 Incidental entry to ask for access
For the purpose of asking the occupier for the consent, an inspector may, without the occupier’s consent or a warrant—(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or(b)enter part of the place the inspector considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.
104 Matters inspector must tell occupier
Before asking for the consent, the inspector must—(a)explain to the occupier the purpose of the entry, including the powers intended to be exercised; and(b)tell the occupier that—(i)the occupier is not required to consent; and(ii)the consent may be given subject to conditions and may be withdrawn at any time.
105 Consent acknowledgement
(1)If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.(2)The acknowledgement must state—(a)the purpose of the entry, including the powers to be exercised; and(b)that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and(c)that the occupier has been told—(i)that the occupier is not required to consent; and(ii)that the consent may be given subject to conditions and may be withdrawn at any time; and(d)that the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and(e)the day and time the consent was given; and(f)any conditions of the consent.(3)If the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.(4)If—(a)an issue arises in a proceeding about whether the occupier consented to the entry; and(b)a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
Subdivision 3 Entry under warrant
106 Application for warrant
(1)An inspector may apply to a magistrate for a warrant for a place.(2)The inspector must prepare a written application that states the grounds on which the warrant is sought.(3)The written application must be sworn.
(4)Subsections (2) and (3) apply in relation to an existing pharmacy business owned by an eligible person until—(a)the day that is 2 years after the commencement; or(b)if any of the following happens before the day mentioned in paragraph (a), when the following happens—(i)the owner does not apply for a pharmacy business licence for the business within the period stated in section 215(2)(a);(ii)the owner’s application for a pharmacy business licence for the business is refused or withdrawn;(iii)the owner’s pharmacy business licence for the business is cancelled.(5)Subsections (2) and (3) apply in relation to an existing pharmacy business owned by a deemed eligible person until the owner stops carrying on the business under section 216.
219 Particular provision for pharmacy businesses owned by existing holders of non-practising registration
(1)Subsection (2) applies to a person who, immediately before the commencement—(a)held a non-practising registration; and(b)owned or held an interest in an existing pharmacy business.(2)The person is taken, for the purposes of this Act, to be a practising pharmacist in relation to the pharmacy business until the earlier of—(a)the day the person stops holding the non-practising registration; or(b)the day that is 2 years after the commencement.(3)In this section—non-practising registration means a non-practising registration in the pharmacy profession under the Health Practitioner Regulation National Law.
220 Particular provision for existing pharmacy businesses carried on at or from premises in, or directly accessible from, supermarkets
(1)This section applies to premises if—(a)a pharmacy business was being carried on at or from premises on the day this Act received assent; and(b)since the day this Act received assent, the pharmacy business has continuously been carried on at or from the premises, under the repealed Act or this Act, by the person; and(c)the premises—(i)are in, or are directly accessible from, a supermarket; and(ii)would, other than for subparagraph (i), be authorised premises.(2)The premises are taken, for the purposes of this Act, to be authorised premises.(3)In this section—supermarket see section 11(3).
221 Continued limited ownership or operation of pharmacy businesses
(1)This section applies if, immediately before the commencement—(a)a person continued to own or operate a pharmacy business under repealed section 139C, 139D, 139E or 139F; and(b)the period for which the person could continue to own or operate the business under that repealed section had not ended.(2)Until the period mentioned in subsection (1)(b) ends—(a)sections 15, 16 and 19 do not apply in relation to the person owning, or carrying on, the pharmacy business; and(b)repealed sections 139I, 141, 141A and 141B continue to apply in relation to the business as if—(i)the sections had not been repealed; and(ii)each reference in the sections to the chief executive were a reference to the council.
222 Approvals for continued ownership of pharmacy businesses if registration suspended or cancelled
(1)This section applies if, immediately before the commencement, the chief executive was deciding whether to grant an approval for a person to continue to own a pharmacy business for a period or periods under repealed section 139C(2).(2)On the commencement, the chief executive must—(a)notify the council that the chief executive was considering whether to grant the approval under repealed section 139C(2); and(b)give the council all information that the chief executive has that is relevant to deciding whether to grant the approval.(3)Subsection (2)(b) applies in addition to section 229A.(4)The council must decide whether to grant the approval having regard to—(a)the main purposes of this Act; and(b)the financial circumstances of the pharmacy business; and(c)all information given to the council under subsection (2); and(d)any other information the council considers relevant.(5)However, the council may grant the approval for only 1 period of not more than 3 months.(6)For the period of any approval under subsection (5) under which a person may continue to own an existing pharmacy business—(a)sections 15, 16 and 19 do not apply in relation to the person owning, or carrying on, the pharmacy business; and(b)repealed sections 139I, 141, 141A and 141B continue to apply in relation to the business as if this Act had not been enacted.
Division 3 Employment terms and conditions of particular council employees
Subdivision 1 Transferred health senior officer
223 Application of subdivision
(1)This subdivision applies in relation to a person who—(a) immediately before the commencement, was a health senior officer; and(b)after the commencement, is transferred to the council as a member of the council's staff, other than the chief executive officer, under the Public Sector Act 2022, chapter 4, part 4.(2)However, this subdivision stops applying in relation to the person if, after the transfer, the council promotes the person.(3)This subdivision applies despite any other Act.
224 Terms and conditions of employment
(1)The terms and conditions of employment of the person are the terms and conditions that applied, immediately before the transfer, to the person as a health senior officer as decided by the chief executive under the Hospital and Health Boards Act 2011.Note—
See sections 45(g) and 66(1) and (4) of the Hospital and Health Boards Act 2011 in relation to the chief executive deciding conditions of employment.(2)For subsection (1), the decision of the chief executive about the terms and conditions is taken to apply—(a)to the person to the same extent the decision applied to the person as a health senior officer immediately before the transfer; and(b)to the council in place of Queensland Health, in relation to the council’s employment of the person, to the same extent the decision applied to Queensland Health in relation to the employment of the person immediately before the transfer.(3)If a change of the decision of the chief executive mentioned in subsection (1) takes effect after the transfer, the change applies for the purposes of the application of the decision under this section.
Subdivision 2 Other transferred health service employees
225 Application of subdivision
(1)This subdivision applies in relation to a person who—(a)immediately before the commencement, was a health service employee other than a health senior officer; and(b)after the commencement, is transferred to the council as a member of the council's staff, other than the chief executive officer, under the Public Sector Act 2022, chapter 4, part 4.(2)However, this subdivision does not apply in relation to the person if a certified agreement, covering the person as a member of the council’s staff, takes effect before the transfer.(3)Also, this subdivision stops applying in relation to the person if, after the transfer—(a)the council promotes the person; or(b)a certified agreement, covering the person as a member of the council’s staff, takes effect.(4)This subdivision applies despite any other Act.
226 Terms and conditions of employment
(1)The terms and conditions of employment of the person are the terms and conditions that applied, immediately before the transfer, under the following instruments to health service employees employed by Queensland Health—(a)the certified agreement called ‘Queensland Public Health Sector Certified Agreement (No. 11) 2022’;(b)the award under the Industrial Relations Act 2016 called ‘Hospital and Health Service General Employees (Queensland Health) Award – State 2015’.(2)For subsection (1), an instrument mentioned in the subsection is taken to apply—(a)to the person to the same extent the instrument applied to a health service employee, other than a health senior officer, employed by Queensland Health immediately before the transfer; and(b)to the council in place of Queensland Health, in relation to the council’s employment of the person, to the same extent the instrument applied to Queensland Health in relation to the employment of a health service employee, other than a health senior officer, immediately before the transfer.(3)If a change to an instrument mentioned in subsection (1) takes effect after the commencement, the change applies for the purposes of the application of the instrument under this section.
Subdivision 3 Particular other employees
227 Application of subdivision
(1)This subdivision applies in relation to a person, other than a person mentioned in section 225(1), if—(a)the person is employed by the council as an officer; and(b)a certified agreement, covering the person as a member of the council’s staff, has not taken effect.(2)This subdivision applies despite any other Act.
228 Terms and conditions of employment
(1)The terms and conditions of employment of the person are the terms and conditions that applied, immediately before the person was employed by the council, under the following instruments to officers employed by Queensland Health—(a)the certified agreement called ‘Queensland Public Health Sector Certified Agreement (No. 11) 2022’;(b)the award under the Industrial Relations Act 2016 called ‘Queensland Public Service Officers and Other Employees Award – State 2015’.(2)For subsection (1), an instrument mentioned in the subsection is taken to apply—(a)to the person to the same extent the instrument applied to an officer employed by Queensland Health immediately before the person was employed by the council; and(b)to the council in place of Queensland Health, in relation to the council’s employment of the person, to the same extent the instrument applied to Queensland Health in relation to the employment of an officer immediately before the person was employed by the council.(3)If a change to an instrument mentioned in subsection (1) takes effect after the commencement, the change applies for the purposes of the application of the instrument under this section.
Subdivision 4 Other provision for transferred health service employees
229 Preservation of rights of transferring health service employees
(1)This section applies to a person mentioned in section 223(1) or 225(1).(2)The transfer of the person to the council does not—(a)affect the person’s benefits, entitlements or remuneration; or(b)prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or(c)interrupt continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or(d)entitle the person to a payment or other benefit from the State because the person is no longer employed by Queensland Health.(3)This section does not limit the operation of the Public Sector Act 2022, chapter 4, part 4 in relation to the transfer of the person to the council as a member of the council’s staff.
Division 4 Other matters
229A Notice of existing pharmacy business information
(1)On the commencement, the chief executive must give the council a notice of existing pharmacy business information.(2)The notice must contain the following information held by the chief executive immediately before the commencement—(a)the name and contact details of—(i)each existing pharmacy business; and(ii)each person who owned an existing pharmacy business;(b)for each existing pharmacy business that was owned by a corporation mentioned in repealed section 139B(b) or (ba) immediately before the commencement—the name of each director and shareholder of the corporation.
229B Particular references to licensed pharmacy businesses for appointing council members
From the commencement, a reference in section 150(3)(a) to a licensed pharmacy business is taken to include a reference to an existing pharmacy business that continues to be owned and carried on by a person under section 215 or 216.
230 Proceedings for particular offence
(1)This section applies in relation to an offence against repealed section 139B committed by a person before the commencement.(2)The person may not be convicted of or punished for the offence unless the person was charged with the offence before the commencement.(3)If the person was charged with the offence before the commencement, a proceeding for the offence may be continued, and the person may be convicted of and punished for the offence, as if this Act had not been enacted.
231 Seized things
(1)This section applies if, immediately before the commencement, a thing seized under repealed section 159 or 160 was being kept under the repealed Act.(2)Repealed part 3, division 3, subdivision 4 continues to apply in relation to the thing as if this Act had not been enacted.
232 Reviews of forfeiture decisions not decided
(1)This section applies in relation to a review started under repealed section 181 before the commencement that had not been decided before the commencement.(2)QCAT may continue to hear, and decide, the review under the repealed Act as if this Act had not been enacted.
233 Existing review rights
(1)This section applies if, immediately before the commencement—(a)a person could have, but had not, applied to QCAT for a review of a decision under repealed section 181; and(b)the period within which the person could apply for the review had not ended.(2)The person may, within the period mentioned in subsection (1)(b), apply for the review, and QCAT may hear and decide the review, under the repealed Act as if this Act had not been enacted.
Schedule 1 Dictionary
section 7
affected person, in relation to a decision, for part 10, see section 185.
approved form means a form approved under section 211.
authorised pharmacist, for a licensed pharmacy business, means—
(a)a holder of the pharmacy business licence for the business who is a practising pharmacist; or
(b)a practising pharmacist who is—(i)a director or shareholder of a holder of the pharmacy business licence for the business; or(ii)employed by a holder of the pharmacy business licence for the business to carry on the business.
authorised premises see section 11.
beneficiary, of a trust, includes a holder of a unit in a unit trust.
business name, for a pharmacy business, means—
(a)if the Business Names Registration Act 2011 (Cwlth), section 18(1) applies in relation to the business—the business name registered for the business under that Act; or
(b)otherwise—the name under which the business is carried on.
carry on, a pharmacy business, for part 3, division 2, see section 18.
chairperson means the person who holds an appointment as the chairperson of the council under section 154(1)(a).
chief executive officer means the chief executive officer of the council appointed under section 166.
close adult relative, of a practising pharmacist, means a spouse or child of the pharmacist who is an adult.
compound, a medicine, see the Medicines and Poisons (Medicines) Regulation 2021, schedule 22.
confidential information—
(a)means the following information about a person—(i)personal information;(ii)information about the person’s commercial activities;(iii)criminal history information; but
(b)does not include information that is publicly available.
contractor, of the council, means—
(a)a person appointed by the council to review and prepare a report on a document under section 74(2)(a); or
(b)another person, other than the chief executive officer or another staff member of the council, who performs a service for the council under a contract or other arrangement between the person and the council.
conviction means a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.
council see section 143.
council member see section 150(1).
court, for part 10, see section 185.
criminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions.
criminal history information means information from a criminal history report, other than information in the report that is lawfully available to the public.
criminal history report, about a person, means a written report about the criminal history of the person that includes a brief description of the circumstances of a conviction or allegation mentioned in the criminal history.
decision criteria, in relation to a decision under part 7 about a pharmacy business, see section 82.
decision notice, for a decision, means a notice stating the following information—
(a)the decision;
(b)the reasons for the decision;Note—
See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.
(c)that the person to whom the notice is given may appeal against the decision under part 10, division 5;
(d)how, and the period within which, the appeal may be started;
(e)for a decision mentioned in section 190(1)(b)—how the person may apply for a stay of the operation of the decision under section 190.
deputy chairperson means the person who holds an appointment as the deputy chairperson of the council under section 154(1)(b).
director, of a corporation, see the Corporations Act, section 9.
dispense, a medicine, see the Medicines and Poisons Act 2019, section 25(2).
disposal order, for part 8, see section 129(2).
eligible person see section 10.
executive officer, of a corporation, means—
(a)a director of the corporation; or
(b)a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation or the person’s position is given the name of executive officer.
fit and proper person, in relation to owning a pharmacy business, means a person the council decides is a fit and proper person to own a pharmacy business under part 5.
forfeiture decision see section 185.
fund means the Pharmacy Business Ownership Council Fund established under section 178.
health service employee means a person appointed as a health service employee under the Hospital and Health Boards Act 2011, section 67.
identity card means an identity card issued to an inspector under section 98.
incoming party, in relation to an application under section 38, for part 4, division 3, subdivision 1, see section 38(1).
information notice means—
(a)for a decision made by the council other than under a delegation—(i)for a forfeiture decision—a decision notice; or(ii)for another decision—a QCAT information notice; or
(b)for another decision—means a notice stating the following information—(i)the decision;(ii)the reasons for the decision;Note—
See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.(iii)that the person to whom the notice is given may ask for a review of the decision under this Act;(iv)how, and the period within which, the review may be started;(v)if the person may apply for a stay of the operation of the decision under this Act—how the person may apply for the stay.
insolvent under administration see the Corporations Act, section 9.
inspector means a person who holds office under part 8, division 2 as an inspector.
interest, in relation to a pharmacy business, means—
(a)an interest as an owner of the business; or
(b)a material interest in the business.
internal review, of an original decision, for part 10, see section 187(1).
internal review decision, for part 10, see section 185.
licensed pharmacy business means a pharmacy business for which a pharmacy business licence is in effect.
licensed premises, for a licensed pharmacy business, means the premises in relation to which the pharmacy business licence for the business is in effect.
material interest, in a pharmacy business, see section 13.
medicine see the Medicines and Poisons Act 2019, section 11.
notice means written notice.
occupier, of a place, for part 8, see section 89.
of, a place, for part 8, see section 89.
offence warning, for a direction or requirement by an inspector, for part 8, see section 89.
original decision, for part 10, see section 185.
owner—
(a)of a pharmacy business—see section 12; or
(b)of a thing that has been seized under part 8, division 4—see section 89.
partnership see the Partnership Act 1891, section 5.
personal information see the Information Privacy Act 2009, section 12.
person in control, of a thing, for part 8, see section 89.
pharmacy business see section 8.
pharmacy business licence means a licence to own, and to carry on, a pharmacy business granted under this Act.
place, for part 8, see section 89.
practising pharmacist see section 9.
premises includes the following—
(a)a building or other structure;
(b)a part of a building or other structure;
(c)a caravan or vehicle;
(d)premises held under more than 1 title or by more than 1 owner.
previous holder, of a cancelled pharmacy business licence, for part 7, see section 82.
public place, for part 8, see section 89.
public sector employee see the Public Sector Act 2022, section 12.
QCAT information notice, for a decision, means a notice complying with the QCAT Act, section 157(2).
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
seizure decision, for part 10, see section 185.
seizure or forfeiture decision ...
selling, of a medicine, includes attempting to sell the medicine or making the medicine available for sale.
vehicle means a vehicle under the Transport Operations (Road Use Management) Act 1995.
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