Queensland: Pharmacy Business Ownership Act 2024 — partly uncommenced (Qld)

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, and to amend this Act, the Public Sector Act 2022 and the Termination of Pregnancy Act 2018 for particular purposes 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. 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 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 the person is— (a) a practising pharmacist; or (b) a close adult relative of a practising pharmacist who 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 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— 1 Queensland Needle and Syringe Program service 2 opioid dependency treatment program service 3 sexual 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) 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 notice must be given to the applicant within 30 days after the application is made. (3) 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 notice must be given to the applicant within 30 days after the application is made. (3) 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. (4) 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. (5) 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 (4)— (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 notice must be given to the applicant within 30 days after the application is made. (3) 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 the incoming party— (a) is an eligible person; and (b) is a fit and proper person to own a pharmacy business; and (c) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the incoming party. 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 notice must be given to the applicant within 30 days after the application is made. (3) 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) The notice must be given to the applicant within 30 days after the application is made. (3) 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. (4) 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. (5) 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 (4). (6) If the applicant has paid the fee under subsection (4) and the application is taken to be withdrawn under subsection (5), 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 notice must be given to the applicant within 30 days after the application is made. (3) 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 notice must be given to the applicant within 30 days after the application is made. (3) 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) This section applies in relation to a pharmacy business licence held by only 1 person. (2) The holder of a pharmacy business licence must, unless the holder has a reasonable excuse, surrender the licence by notice to the council within 14 days after the holder— (a) stops being an eligible person; or (b) disposes of the holder's interest as owner of the pharmacy business to which the licence relates. Maximum penalty—50 penalty units. (3) The holder of a pharmacy business licence to whom subsection (2) does not apply may surrender the licence by notice to the council at any time. (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 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 lic