{"id":"qld:act-2024-009","name":"Pharmacy Business Ownership Act 2024","slug":"pharmacy-business-ownership-act-2024","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"9 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29543,"registerId":"qld-act-2024-009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Pharmacy Business Ownership Act 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purposes","content":"### sec.3 Main purposes\n\nThe main purposes of this Act are—\nto promote the professional, safe and competent provision of pharmacy services by pharmacy businesses; and\nto maintain public confidence in the pharmacy profession.\n- (a) to promote the professional, safe and competent provision of pharmacy services by pharmacy businesses; and\n- (b) to maintain public confidence in the pharmacy profession.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"How main purposes are to be achieved","content":"### sec.4 How main purposes are to be achieved\n\nThe main purposes of this Act are to be achieved mainly by—\nlimiting—\nwho may be an owner of, or hold a material interest in, a pharmacy business; and\nhow many pharmacy businesses a person may be an owner of or hold a material interest in; and\nhow and where pharmacy businesses may be carried on; and\nimposing obligations on owners of, and persons who hold material interests in, pharmacy businesses; and\nestablishing the Queensland Pharmacy Business Ownership Council to administer, including to monitor and enforce compliance with, this Act.\n- (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\n- (i) who may be an owner of, or hold a material interest in, a pharmacy business; and\n- (ii) how many pharmacy businesses a person may be an owner of or hold a material interest in; and\n- (iii) how and where pharmacy businesses may be carried on; and\n- (b) imposing obligations on owners of, and persons who hold material interests in, pharmacy businesses; and\n- (c) establishing the Queensland Pharmacy Business Ownership Council to administer, including to monitor and enforce compliance with, this Act.\n- (i) who may be an owner of, or hold a material interest in, a pharmacy business; and\n- (ii) how many pharmacy businesses a person may be an owner of or hold a material interest in; and\n- (iii) how and where pharmacy businesses may be carried on; and","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State.\nHowever, the State can not be prosecuted for an offence against this Act.\n(sec.5-ssec.1) This Act binds all persons, including the State.\n(sec.5-ssec.2) However, the State can not be prosecuted for an offence against this Act.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Relationship with Medicines and Poisons Act 2019","content":"### sec.6 Relationship with Medicines and Poisons Act 2019\n\nThis Act does not limit the application of the Medicines and Poisons Act 2019 .","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"What is a pharmacy business","content":"### sec.8 What is a pharmacy business\n\nA pharmacy business is a business that provides pharmacy services in Queensland that include core pharmacy services.\nHowever, none of the following is a pharmacy business —\na business carried on by the State at a public sector hospital;\na business carried on at a hospital that provides core pharmacy services only to patients at the hospital;\na business carried on by a veterinary surgeon at premises used by the surgeon in the practice of the surgeon’s profession;\na 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 .\nIn this section—\ncore pharmacy service means—\nthe compounding of medicines for sale to members of the public; or\nthe dispensing, by or under the supervision of a practising pharmacist, of medicines to members of the public; or\nthe selling, by or under the supervision of a practising pharmacist, of medicines to members of the public other than on prescription.\nhospital means—\na public sector hospital; or\na private health facility under the Private Health Facilities Act 1999 .\npublic sector hospital see the Hospital and Health Boards Act 2011 , schedule 2 .\nveterinary surgeon see the Veterinary Surgeons Act 1936 , schedule.\ns 8 amd 2025 No. 21 s 3\n(sec.8-ssec.1) A pharmacy business is a business that provides pharmacy services in Queensland that include core pharmacy services.\n(sec.8-ssec.2) However, none of the following is a pharmacy business — a business carried on by the State at a public sector hospital; a business carried on at a hospital that provides core pharmacy services only to patients at the hospital; a business carried on by a veterinary surgeon at premises used by the surgeon in the practice of the surgeon’s profession; 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 .\n(sec.8-ssec.3) In this section— core pharmacy service means— the compounding of medicines for sale to members of the public; or the dispensing, by or under the supervision of a practising pharmacist, of medicines to members of the public; or 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 public sector hospital; or 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.\n- (a) a business carried on by the State at a public sector hospital;\n- (b) a business carried on at a hospital that provides core pharmacy services only to patients at the hospital;\n- (c) a business carried on by a veterinary surgeon at premises used by the surgeon in the practice of the surgeon’s profession;\n- (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 .\n- (a) the compounding of medicines for sale to members of the public; or\n- (b) the dispensing, by or under the supervision of a practising pharmacist, of medicines to members of the public; or\n- (c) the selling, by or under the supervision of a practising pharmacist, of medicines to members of the public other than on prescription.\n- (a) a public sector hospital; or\n- (b) a private health facility under the Private Health Facilities Act 1999 .","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Who is a practising pharmacist","content":"### sec.9 Who is a practising pharmacist\n\nA practising pharmacist is a person who is registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession with general registration.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Who is an eligible person","content":"### sec.10 Who is an eligible person\n\nEach of the following is an eligible person —\na practising pharmacist;\na corporation whose directors and shareholders are all practising pharmacists;\na corporation—\nwhose directors and shareholders are a combination of practising pharmacists and close adult relatives of practising pharmacists; and\nin which the majority of shares, and all voting shares, are held by practising pharmacists;\na friendly society that, on 29 April 2005, carried on a pharmacy business in Queensland or another State;\na friendly society that is an amalgamation of 2 or more friendly societies mentioned in paragraph (d) ;\nMater Misericordiae Ltd ACN 096 708 922.\nIn this section—\nfriendly society means a corporation—\nthat is registered under the Corporations Act under a name that includes the words ‘friendly society’; and\nthat is not carrying on business for the dominant purpose of securing a profit or pecuniary gain for its members; and\nfor which any object or intention of providing a dividend to its members is a limited, and not a dominant, purpose; and\nthat applies its property and income towards the objects of the corporation.\n(sec.10-ssec.1) Each of the following is an eligible person — a practising pharmacist; a corporation whose directors and shareholders are all practising pharmacists; a corporation— whose directors and shareholders are a combination of practising pharmacists and close adult relatives of practising pharmacists; and in which the majority of shares, and all voting shares, are held by practising pharmacists; a friendly society that, on 29 April 2005, carried on a pharmacy business in Queensland or another State; a friendly society that is an amalgamation of 2 or more friendly societies mentioned in paragraph (d) ; Mater Misericordiae Ltd ACN 096 708 922.\n(sec.10-ssec.2) In this section— friendly society means a corporation— that is registered under the Corporations Act under a name that includes the words ‘friendly society’; and that is not carrying on business for the dominant purpose of securing a profit or pecuniary gain for its members; and for which any object or intention of providing a dividend to its members is a limited, and not a dominant, purpose; and that applies its property and income towards the objects of the corporation.\n- (a) a practising pharmacist;\n- (b) a corporation whose directors and shareholders are all practising pharmacists;\n- (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;\n- (i) whose directors and shareholders are a combination of practising pharmacists and close adult relatives of practising pharmacists; and\n- (ii) in which the majority of shares, and all voting shares, are held by practising pharmacists;\n- (d) a friendly society that, on 29 April 2005, carried on a pharmacy business in Queensland or another State;\n- (e) a friendly society that is an amalgamation of 2 or more friendly societies mentioned in paragraph (d) ;\n- (f) Mater Misericordiae Ltd ACN 096 708 922.\n- (i) whose directors and shareholders are a combination of practising pharmacists and close adult relatives of practising pharmacists; and\n- (ii) in which the majority of shares, and all voting shares, are held by practising pharmacists;\n- (a) that is registered under the Corporations Act under a name that includes the words ‘friendly society’; and\n- (b) that is not carrying on business for the dominant purpose of securing a profit or pecuniary gain for its members; and\n- (c) for which any object or intention of providing a dividend to its members is a limited, and not a dominant, purpose; and\n- (d) that applies its property and income towards the objects of the corporation.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"What are authorised premises","content":"### sec.11 What are authorised premises\n\nPremises are authorised premises if the premises—\nare not located in, or directly accessible from, a supermarket; and\nmeet the standards prescribed by regulation.\nThe 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.\nIn this section—\nsupermarket means premises used primarily for selling a range of food, beverages, groceries and other domestic goods.\n(sec.11-ssec.1) Premises are authorised premises if the premises— are not located in, or directly accessible from, a supermarket; and meet the standards prescribed by regulation.\n(sec.11-ssec.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.\n(sec.11-ssec.3) In this section— supermarket means premises used primarily for selling a range of food, beverages, groceries and other domestic goods.\n- (a) are not located in, or directly accessible from, a supermarket; and\n- (b) meet the standards prescribed by regulation.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Who is an owner of a pharmacy business","content":"### sec.12 Who is an owner of a pharmacy business\n\nA person is an owner of a pharmacy business if the person owns the business—\nsolely; or\njointly with 1 or more other persons, including, for example, in a partnership.\n- (a) solely; or\n- (b) jointly with 1 or more other persons, including, for example, in a partnership.","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"What is a material interest in a pharmacy business","content":"### sec.13 What is a material interest in a pharmacy business\n\nEach of the following is a material interest in a pharmacy business—\nan interest in the business as a shareholder of an owner of the business;\nan 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;\nanother 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.\nTo 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.\ns 13 amd 2025 No. 21 s 4\n(sec.13-ssec.1) Each of the following is a material interest in a pharmacy business— an interest in the business as a shareholder of an owner of the business; 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; 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.\n(sec.13-ssec.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.\n- (a) an interest in the business as a shareholder of an owner of the business;\n- (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;\n- (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.","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"Pharmacy business licences held jointly","content":"### sec.14 Pharmacy business licences held jointly\n\nThis section applies in relation to a pharmacy business licence held jointly by 2 or more persons under this Act.\nUnless the context otherwise indicates or requires—\na reference in this Act to the holder of the pharmacy business licence is taken to be a reference to each of the persons; and\nan application made under this Act by the holder of the pharmacy business licence must be made jointly by each of the persons.\nIf 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.\nIf 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.\n(sec.14-ssec.1) This section applies in relation to a pharmacy business licence held jointly by 2 or more persons under this Act.\n(sec.14-ssec.2) Unless the context otherwise indicates or requires— 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 an application made under this Act by the holder of the pharmacy business licence must be made jointly by each of the persons.\n(sec.14-ssec.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.\n(sec.14-ssec.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.\n- (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\n- (b) an application made under this Act by the holder of the pharmacy business licence must be made jointly by each of the persons.","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Pharmacy businesses","content":"# Pharmacy businesses","sortOrder":16},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Ownership and material interests","content":"## Ownership and material interests","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Owner of pharmacy business must hold pharmacy business licence","content":"### sec.15 Owner of pharmacy business must hold pharmacy business licence\n\nA person must not own a pharmacy business unless the person holds a pharmacy business licence for the business that is in effect.\nMaximum penalty—200 penalty units.\nIf 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.\nHowever, an owner of a pharmacy business does not commit an offence against subsection (1) during either of the following periods—\na period for which the pharmacy business licence for the business is suspended under section 65 ;\nwithin 28 days after the expiry of the pharmacy business licence for the business.\n(sec.15-ssec.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. 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.\n(sec.15-ssec.2) However, an owner of a pharmacy business does not commit an offence against subsection (1) during either of the following periods— a period for which the pharmacy business licence for the business is suspended under section 65 ; within 28 days after the expiry of the pharmacy business licence for the business.\n- (a) a period for which the pharmacy business licence for the business is suspended under section 65 ;\n- (b) within 28 days after the expiry of the pharmacy business licence for the business.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Who may hold material interest in pharmacy business","content":"### sec.16 Who may hold material interest in pharmacy business\n\nA person must not hold a material interest in a pharmacy business unless—\nthe person is a practising pharmacist; or\nthe person is a close adult relative of a practising pharmacist and the practising pharmacist holds an interest in the business.\nMaximum penalty—200 penalty units.\ns 16 amd 2025 No. 21 s 5\n- (a) the person is a practising pharmacist; or\n- (b) the person is a close adult relative of a practising pharmacist and the practising pharmacist holds an interest in the business.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Limit on number of pharmacy businesses a person may hold interest in","content":"### sec.17 Limit on number of pharmacy businesses a person may hold interest in\n\nA person must not hold an interest in more than the following number of pharmacy businesses at the same time—\nfor a person mentioned in section 10 (1) (d) , (e) or (f) —6; or\nfor another person—5.\nMaximum penalty—200 penalty units.\nIf 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.\n- (a) for a person mentioned in section 10 (1) (d) , (e) or (f) —6; or\n- (b) for another person—5.","sortOrder":20},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Operation","content":"## Operation","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Definition for division","content":"### sec.18 Definition for division\n\nIn this division—\ncarry on , a pharmacy business, does not include carry on as an employee of the business.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Pharmacy business must be licensed","content":"### sec.19 Pharmacy business must be licensed\n\nA person must not carry on a pharmacy business unless the business is a licensed pharmacy business.\nMaximum penalty—200 penalty units.\nIf 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.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Licensed pharmacy business must be carried on at or from licensed premises","content":"### sec.20 Licensed pharmacy business must be carried on at or from licensed premises\n\nA person must carry on a licensed pharmacy business only at or from the licensed premises for the business.\nMaximum penalty—200 penalty units.\nIf 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.\nFor 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—\nentirely at the licensed premises; or\nmainly at the licensed premises and also partly at another place, as long as the pharmacy services provided at the other place—\ndo not involve the compounding or dispensing of a medicine, or the selling of a medicine other than on prescription, at the place; and\nare provided under the direction or control of—\nthe person; or\nan authorised pharmacist for the business.\nadministering vaccinations in a way, and at a place, authorised under the Medicines and Poisons Act 2019\nconducting a medication review at an aged-care facility\nproviding health-related information at a community event\ns 20 amd 2025 No. 21 s 6\n(sec.20-ssec.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. 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.\n(sec.20-ssec.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— entirely at the licensed premises; or mainly at the licensed premises and also partly at another place, as long as the pharmacy services provided at the other place— do not involve the compounding or dispensing of a medicine, or the selling of a medicine other than on prescription, at the place; and are provided under the direction or control of— the person; or an authorised pharmacist for the business. 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\n- (a) entirely at the licensed premises; or\n- (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\n- (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\n- (ii) are provided under the direction or control of— (A) the person; or (B) an authorised pharmacist for the business.\n- (A) the person; or\n- (B) an authorised pharmacist for the business.\n- • administering vaccinations in a way, and at a place, authorised under the Medicines and Poisons Act 2019\n- • conducting a medication review at an aged-care facility\n- • providing health-related information at a community event\n- (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\n- (ii) are provided under the direction or control of— (A) the person; or (B) an authorised pharmacist for the business.\n- (A) the person; or\n- (B) an authorised pharmacist for the business.\n- (A) the person; or\n- (B) an authorised pharmacist for the business.\n- • administering vaccinations in a way, and at a place, authorised under the Medicines and Poisons Act 2019\n- • conducting a medication review at an aged-care facility\n- • providing health-related information at a community event","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Authorised pharmacist for licensed pharmacy business must be present at licensed premises","content":"### sec.21 Authorised pharmacist for licensed pharmacy business must be present at licensed premises\n\nAn 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—\na period, or periods totalling, not more than 1 hour in a day; or\nanother period or periods approved by the council.\nMaximum penalty—50 penalty units.\nIn 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.\n(sec.21-ssec.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 period, or periods totalling, not more than 1 hour in a day; or another period or periods approved by the council. Maximum penalty—50 penalty units.\n(sec.21-ssec.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.\n- (a) a period, or periods totalling, not more than 1 hour in a day; or\n- (b) another period or periods approved by the council.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Particular activities relating to licensed pharmacy business prohibited","content":"### sec.22 Particular activities relating to licensed pharmacy business prohibited\n\nA person, other than an owner of a licensed pharmacy business, must not do or purport to do any of the following—\ncontrol how pharmacy services involving medicines are provided to the public by the business;\nrestrict the types of medicine or health service the business may provide to the public;\nQueensland Needle and Syringe Program service\nopioid dependency treatment program service\nsexual or reproductive health service\nrequire medicine for the business to be bought from a particular supplier;\nimpose a sales target for the business in relation to a particular medicine.\nMaximum penalty—200 penalty units.\nSubsection (1) does not apply to—\nan employee carrying out the duties of an employee of a licensed pharmacy business; or\na person imposing a requirement about a licensed pharmacy business that is about only 1 or more of the following—\nopening hours;\nadvertising, branding, product displays or other marketing activities;\ninformation technology systems;\nstaff training;\nstaff uniforms.\nA 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) .\n(sec.22-ssec.1) A person, other than an owner of a licensed pharmacy business, must not do or purport to do any of the following— control how pharmacy services involving medicines are provided to the public by the business; restrict the types of medicine or health service the business may provide to the public; Queensland Needle and Syringe Program service opioid dependency treatment program service sexual or reproductive health service require medicine for the business to be bought from a particular supplier; impose a sales target for the business in relation to a particular medicine. Maximum penalty—200 penalty units.\n(sec.22-ssec.2) Subsection (1) does not apply to— an employee carrying out the duties of an employee of a licensed pharmacy business; or a person imposing a requirement about a licensed pharmacy business that is about only 1 or more of the following— opening hours; advertising, branding, product displays or other marketing activities; information technology systems; staff training; staff uniforms.\n(sec.22-ssec.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) .\n- (a) control how pharmacy services involving medicines are provided to the public by the business;\n- (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\n- 1 Queensland Needle and Syringe Program service\n- 2 opioid dependency treatment program service\n- 3 sexual or reproductive health service\n- (c) require medicine for the business to be bought from a particular supplier;\n- (d) impose a sales target for the business in relation to a particular medicine.\n- 1 Queensland Needle and Syringe Program service\n- 2 opioid dependency treatment program service\n- 3 sexual or reproductive health service\n- (a) an employee carrying out the duties of an employee of a licensed pharmacy business; or\n- (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.\n- (i) opening hours;\n- (ii) advertising, branding, product displays or other marketing activities;\n- (iii) information technology systems;\n- (iv) staff training;\n- (v) staff uniforms.\n- (i) opening hours;\n- (ii) advertising, branding, product displays or other marketing activities;\n- (iii) information technology systems;\n- (iv) staff training;\n- (v) staff uniforms.","sortOrder":26},{"sectionNumber":"pt.4","sectionType":"part","heading":"Pharmacy business licences","content":"# Pharmacy business licences","sortOrder":27},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Application and grant","content":"## Application and grant","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Who may apply","content":"### sec.23 Who may apply\n\nAn eligible person may apply to the council for a pharmacy business licence.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Joint applications","content":"### sec.24 Joint applications\n\nAn application for a pharmacy business licence may be made jointly by 2 or more eligible persons.\nFor 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.\n(sec.24-ssec.1) An application for a pharmacy business licence may be made jointly by 2 or more eligible persons.\n(sec.24-ssec.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.","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Requirements for application","content":"### sec.25 Requirements for application\n\nAn application for a pharmacy business licence must—\nbe in the approved form; and\nstate the following—\nthe address of the premises at which the pharmacy business to which the application relates is, or is to be, carried on;\nif the applicant is a corporation—the name of each director and shareholder of the applicant;\nif 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;\nif a person holds shares in the applicant as trustee of a trust—the name of each beneficiary of the trust;\nthe 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\nbe accompanied by the application fee prescribed by regulation.\nThe application must not state more than 1 address for premises for subsection (1) (b) (i) .\ns 25 amd 2025 No. 21 s 7\n(sec.25-ssec.1) An application for a pharmacy business licence must— be in the approved form; and state the following— the address of the premises at which the pharmacy business to which the application relates is, or is to be, carried on; if the applicant is a corporation—the name of each director and shareholder of the applicant; 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; if a person holds shares in the applicant as trustee of a trust—the name of each beneficiary of the trust; 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 be accompanied by the application fee prescribed by regulation.\n(sec.25-ssec.2) The application must not state more than 1 address for premises for subsection (1) (b) (i) .\n- (a) be in the approved form; and\n- (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\n- (i) the address of the premises at which the pharmacy business to which the application relates is, or is to be, carried on;\n- (ii) if the applicant is a corporation—the name of each director and shareholder of the applicant;\n- (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;\n- (iv) if a person holds shares in the applicant as trustee of a trust—the name of each beneficiary of the trust;\n- (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\n- (c) be accompanied by the application fee prescribed by regulation.\n- (i) the address of the premises at which the pharmacy business to which the application relates is, or is to be, carried on;\n- (ii) if the applicant is a corporation—the name of each director and shareholder of the applicant;\n- (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;\n- (iv) if a person holds shares in the applicant as trustee of a trust—the name of each beneficiary of the trust;\n- (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","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Requesting further information or document","content":"### sec.26 Requesting further information or document\n\nThe 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.\nThe application is taken to be withdrawn if the applicant does not give the council the information or document—\nwithin 14 days after receiving the notice; or\nby a later day agreed between the council and the applicant.\ns 26 amd 2025 No. 21 s 8\n(sec.26-ssec.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.\n(sec.26-ssec.2) The application is taken to be withdrawn if the applicant does not give the council the information or document— within 14 days after receiving the notice; or by a later day agreed between the council and the applicant.\n- (a) within 14 days after receiving the notice; or\n- (b) by a later day agreed between the council and the applicant.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Requesting inspection of premises","content":"### sec.27 Requesting inspection of premises\n\nThe council may, by notice given to an applicant for a pharmacy business licence, ask the applicant to—\nensure the premises mentioned in section 25 (1) (b) (i) are made available for inspection by the council on—\nthe day stated in the notice; or\nanother day to be agreed between the applicant and the council; and\npay to the council the fee for inspecting the premises prescribed by regulation.\nThe 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.\nIf 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.\nIf 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) —\nthe application is taken to be withdrawn; and\nif the applicant has paid the fee—the council must refund the fee to the applicant.\ns 27 amd 2025 No. 21 s 9\n(sec.27-ssec.1) The council may, by notice given to an applicant for a pharmacy business licence, ask the applicant to— ensure the premises mentioned in section 25 (1) (b) (i) are made available for inspection by the council on— the day stated in the notice; or another day to be agreed between the applicant and the council; and pay to the council the fee for inspecting the premises prescribed by regulation.\n(sec.27-ssec.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.\n(sec.27-ssec.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.\n(sec.27-ssec.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) — the application is taken to be withdrawn; and if the applicant has paid the fee—the council must refund the fee to the applicant.\n- (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\n- (i) the day stated in the notice; or\n- (ii) another day to be agreed between the applicant and the council; and\n- (b) pay to the council the fee for inspecting the premises prescribed by regulation.\n- (i) the day stated in the notice; or\n- (ii) another day to be agreed between the applicant and the council; and\n- (a) the application is taken to be withdrawn; and\n- (b) if the applicant has paid the fee—the council must refund the fee to the applicant.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Criteria for grant","content":"### sec.28 Criteria for grant\n\nThe council may grant an application for a pharmacy business licence for a pharmacy business only if satisfied—\nthe applicant—\nis an eligible person; and\nis a fit and proper person to own a pharmacy business; and\ndoes not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the applicant; and\nthe proposed licensed premises for the pharmacy business are authorised premises; and\neach person who the council is aware holds a material interest in the pharmacy business is a person who—\nis permitted, under section 16 , to hold a material interest in the pharmacy business; and\ndoes not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person.\n- (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\n- (i) is an eligible person; and\n- (ii) is a fit and proper person to own a pharmacy business; and\n- (iii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the applicant; and\n- (b) the proposed licensed premises for the pharmacy business are authorised premises; and\n- (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.\n- (i) is permitted, under section 16 , to hold a material interest in the pharmacy business; and\n- (ii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person.\n- (i) is an eligible person; and\n- (ii) is a fit and proper person to own a pharmacy business; and\n- (iii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the applicant; and\n- (i) is permitted, under section 16 , to hold a material interest in the pharmacy business; and\n- (ii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person.","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Deciding application","content":"### sec.29 Deciding application\n\nAfter 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—\ngrant the pharmacy business licence; or\nrefuse to grant the pharmacy business licence.\nIf 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.\nIf the council decides to grant the pharmacy business licence to 1 or more applicants (each an approved applicant )—\nthe council must give each approved applicant—\na copy of the licence; and\nif a condition is imposed on the licence under section 30 —an information notice for the decision to impose the condition; and\nthe approved applicants must pay to the council the licence fee for the licence prescribed by regulation.\nSee sections 65 (1) (c) and 66 (1) (a) in relation to suspension and cancellation of pharmacy business licences for contraventions of this Act.\nIf 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.\n(sec.29-ssec.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— grant the pharmacy business licence; or refuse to grant the pharmacy business licence.\n(sec.29-ssec.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.\n(sec.29-ssec.3) If the council decides to grant the pharmacy business licence to 1 or more applicants (each an approved applicant )— the council must give each approved applicant— a copy of the licence; and if a condition is imposed on the licence under section 30 —an information notice for the decision to impose the condition; and the approved applicants must pay to the council the licence fee for the licence prescribed by regulation. See sections 65 (1) (c) and 66 (1) (a) in relation to suspension and cancellation of pharmacy business licences for contraventions of this Act.\n(sec.29-ssec.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.\n- (a) grant the pharmacy business licence; or\n- (b) refuse to grant the pharmacy business licence.\n- (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\n- (i) a copy of the licence; and\n- (ii) if a condition is imposed on the licence under section 30 —an information notice for the decision to impose the condition; and\n- (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.\n- (i) a copy of the licence; and\n- (ii) if a condition is imposed on the licence under section 30 —an information notice for the decision to impose the condition; and","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Conditions","content":"### sec.30 Conditions\n\nThe council may impose conditions on a pharmacy business licence that the council considers appropriate.\nIf a holder of a pharmacy business licence, or a director or shareholder of the holder, contravenes a condition of the licence, the council may—\nsuspend the licence under section 65 ; or\ncancel the licence under section 66 .\n- (a) suspend the licence under section 65 ; or\n- (b) cancel the licence under section 66 .","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Term","content":"### sec.31 Term\n\nA pharmacy business licence—\nis granted for the term of up to 1 year stated in the licence; and\ncomes into effect on the day stated in the licence.\nA pharmacy business licence stops having effect if—\nthe licence is suspended, cancelled or surrendered under division 4 ; or\neach holder of the licence disposes of the holder’s entire interest as an owner of the pharmacy business to which the licence relates; or\nfor a pharmacy business licence held by only 1 person—the holder of the licence dies.\nHowever, a pharmacy business licence that is suspended stops having effect only for the period of the suspension.\n(sec.31-ssec.1) A pharmacy business licence— is granted for the term of up to 1 year stated in the licence; and comes into effect on the day stated in the licence.\n(sec.31-ssec.2) A pharmacy business licence stops having effect if— the licence is suspended, cancelled or surrendered under division 4 ; or 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 for a pharmacy business licence held by only 1 person—the holder of the licence dies.\n(sec.31-ssec.3) However, a pharmacy business licence that is suspended stops having effect only for the period of the suspension.\n- (a) is granted for the term of up to 1 year stated in the licence; and\n- (b) comes into effect on the day stated in the licence.\n- (a) the licence is suspended, cancelled or surrendered under division 4 ; or\n- (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\n- (c) for a pharmacy business licence held by only 1 person—the holder of the licence dies.","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Form of licence","content":"### sec.32 Form of licence\n\nA pharmacy business licence must state the following—\nthe name of the holder of the licence;\nthe address of the licensed premises for the business;\nif a holder of the licence is a corporation—each director and shareholder of the holder;\nif 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;\nthe 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) ;\nthe business name for the business;\nthe term of the licence;\nthe conditions, if any, applying to the licence.\n- (a) the name of the holder of the licence;\n- (b) the address of the licensed premises for the business;\n- (c) if a holder of the licence is a corporation—each director and shareholder of the holder;\n- (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;\n- (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) ;\n- (f) the business name for the business;\n- (g) the term of the licence;\n- (h) the conditions, if any, applying to the licence.","sortOrder":38},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Renewal and restoration","content":"## Renewal and restoration","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application for renewal","content":"### sec.33 Application for renewal\n\nThe holder of a pharmacy business licence may, before the licence expires, apply to the council to renew the licence.\nSubsection (3) applies if—\nan application is made under this section; and\nthe council has not made a decision about whether to renew the pharmacy business licence to which the application relates before the licence expires.\nThe pharmacy business licence is taken to continue in effect until the council decides the application or the application is withdrawn, whichever happens first.\nThe application must be—\nin the approved form; and\naccompanied by the application fee prescribed by regulation.\n(sec.33-ssec.1) The holder of a pharmacy business licence may, before the licence expires, apply to the council to renew the licence.\n(sec.33-ssec.2) Subsection (3) applies if— an application is made under this section; and the council has not made a decision about whether to renew the pharmacy business licence to which the application relates before the licence expires.\n(sec.33-ssec.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.\n(sec.33-ssec.4) The application must be— in the approved form; and accompanied by the application fee prescribed by regulation.\n- (a) an application is made under this section; and\n- (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.\n- (a) in the approved form; and\n- (b) accompanied by the application fee prescribed by regulation.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Application for restoration of expired licence","content":"### sec.34 Application for restoration of expired licence\n\nA person whose pharmacy business licence has expired may, within 28 days after the expiry, apply to the council to restore the licence.\nIf 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.\nThe application must be—\nin the approved form; and\naccompanied by the application fee prescribed by regulation.\n(sec.34-ssec.1) A person whose pharmacy business licence has expired may, within 28 days after the expiry, apply to the council to restore the licence.\n(sec.34-ssec.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.\n(sec.34-ssec.3) The application must be— in the approved form; and accompanied by the application fee prescribed by regulation.\n- (a) in the approved form; and\n- (b) accompanied by the application fee prescribed by regulation.","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Deciding application","content":"### sec.35 Deciding application\n\nFor deciding an application for renewal or restoration of a pharmacy business licence under this division, sections 26 to 30 apply—\nas if—\na reference to an application for a pharmacy business licence were a reference to the application for renewal or restoration; and\na reference to an applicant for a pharmacy business licence were a reference to the applicant for the renewal or restoration; and\na reference to the grant of a pharmacy business licence were a reference to the grant of the renewal or restoration; and\nwith other necessary changes.\n- (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\n- (i) a reference to an application for a pharmacy business licence were a reference to the application for renewal or restoration; and\n- (ii) a reference to an applicant for a pharmacy business licence were a reference to the applicant for the renewal or restoration; and\n- (iii) a reference to the grant of a pharmacy business licence were a reference to the grant of the renewal or restoration; and\n- (b) with other necessary changes.\n- (i) a reference to an application for a pharmacy business licence were a reference to the application for renewal or restoration; and\n- (ii) a reference to an applicant for a pharmacy business licence were a reference to the applicant for the renewal or restoration; and\n- (iii) a reference to the grant of a pharmacy business licence were a reference to the grant of the renewal or restoration; and","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Term","content":"### sec.36 Term\n\nA renewal of a pharmacy business licence under this division extends the term of the licence by a period of 1 year, starting on—\nif 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\notherwise—the day the application for the renewal is granted.\nA 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.\nA pharmacy business licence renewed or restored under this division stops having effect if—\nthe licence is suspended, cancelled or surrendered under division 4 ; or\neach holder of the licence disposes of the holder’s entire interest as an owner of the pharmacy business to which the licence relates; or\nfor a pharmacy business licence held by only 1 person—the holder of the licence dies.\nHowever, 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.\n(sec.36-ssec.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— 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 otherwise—the day the application for the renewal is granted.\n(sec.36-ssec.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.\n(sec.36-ssec.3) A pharmacy business licence renewed or restored under this division stops having effect if— the licence is suspended, cancelled or surrendered under division 4 ; or 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 for a pharmacy business licence held by only 1 person—the holder of the licence dies.\n(sec.36-ssec.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.\n- (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\n- (b) otherwise—the day the application for the renewal is granted.\n- (a) the licence is suspended, cancelled or surrendered under division 4 ; or\n- (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\n- (c) for a pharmacy business licence held by only 1 person—the holder of the licence dies.","sortOrder":43},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Changing pharmacy business licences","content":"## Changing pharmacy business licences","sortOrder":44},{"sectionNumber":"sec.37","sectionType":"section","heading":"Definition for subdivision","content":"### sec.37 Definition for subdivision\n\nIn this subdivision—\nincoming party , in relation to an application under section 38 , see section 38 (1) .","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":"Application to add a licence holder","content":"### sec.38 Application to add a licence holder\n\nThe 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.\nThe application must be—\nin the approved form; and\naccompanied by the application fee prescribed by regulation.\n(sec.38-ssec.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.\n(sec.38-ssec.2) The application must be— in the approved form; and accompanied by the application fee prescribed by regulation.\n- (a) in the approved form; and\n- (b) accompanied by the application fee prescribed by regulation.","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"Requesting further information or document","content":"### sec.39 Requesting further information or document\n\nThe 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.\nThe application is taken to be withdrawn if the applicant does not give the council the information or document—\nwithin 14 days after receiving the notice; or\nby a later day agreed between the council and the applicant.\ns 39 amd 2025 No. 21 s 10\n(sec.39-ssec.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.\n(sec.39-ssec.2) The application is taken to be withdrawn if the applicant does not give the council the information or document— within 14 days after receiving the notice; or by a later day agreed between the council and the applicant.\n- (a) within 14 days after receiving the notice; or\n- (b) by a later day agreed between the council and the applicant.","sortOrder":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"Criteria for grant","content":"### sec.40 Criteria for grant\n\nThe council may grant an application under section 38 only if satisfied—\nthe incoming party—\nis an eligible person; and\nis a fit and proper person to own a pharmacy business; and\ndoes not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the incoming party; and\nany other person who would hold a material interest in the pharmacy business to which the application relates because of the application being granted—\nis permitted, under section 16 , to hold a material interest in the business; and\ndoes not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person.\ns 40 sub 2025 No. 21 s 11\n- (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\n- (i) is an eligible person; and\n- (ii) is a fit and proper person to own a pharmacy business; and\n- (iii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the incoming party; and\n- (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.\n- (i) is permitted, under section 16 , to hold a material interest in the business; and\n- (ii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person.\n- (i) is an eligible person; and\n- (ii) is a fit and proper person to own a pharmacy business; and\n- (iii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the incoming party; and\n- (i) is permitted, under section 16 , to hold a material interest in the business; and\n- (ii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person.","sortOrder":48},{"sectionNumber":"sec.41","sectionType":"section","heading":"Deciding application","content":"### sec.41 Deciding application\n\nAfter considering an application under section 38 and any other information or document obtained in relation to the application, the council may decide to—\ngrant the application; or\nrefuse to grant the application.\nIf the council decides to grant the application—\nthe council must give each applicant—\na notice stating the decision; and\na 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\nif a condition is imposed on the licence under section 42 —an information notice for the decision to impose the condition; and\nthe addition of the incoming party takes effect on the day stated in the notice given under paragraph (a) (i) .\nThe day stated in the notice under subsection (2) (b) must be—\nafter the day the notice is given to each applicant; or\nan earlier day agreed between the council and each applicant.\nIf the council decides to refuse to grant the application, the council must give each applicant an information notice for the decision.\n(sec.41-ssec.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— grant the application; or refuse to grant the application.\n(sec.41-ssec.2) If the council decides to grant the application— the council must give each applicant— a notice stating the decision; and 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 if a condition is imposed on the licence under section 42 —an information notice for the decision to impose the condition; and the addition of the incoming party takes effect on the day stated in the notice given under paragraph (a) (i) .\n(sec.41-ssec.3) The day stated in the notice under subsection (2) (b) must be— after the day the notice is given to each applicant; or an earlier day agreed between the council and each applicant.\n(sec.41-ssec.4) If the council decides to refuse to grant the application, the council must give each applicant an information notice for the decision.\n- (a) grant the application; or\n- (b) refuse to grant the application.\n- (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\n- (i) a notice stating the decision; and\n- (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\n- (iii) if a condition is imposed on the licence under section 42 —an information notice for the decision to impose the condition; and\n- (b) the addition of the incoming party takes effect on the day stated in the notice given under paragraph (a) (i) .\n- (i) a notice stating the decision; and\n- (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\n- (iii) if a condition is imposed on the licence under section 42 —an information notice for the decision to impose the condition; and\n- (a) after the day the notice is given to each applicant; or\n- (b) an earlier day agreed between the council and each applicant.","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"Conditions","content":"### sec.42 Conditions\n\nThe council may, in granting an application under section 38 , impose conditions on the licence that the council considers appropriate in relation to the grant.","sortOrder":50},{"sectionNumber":"sec.43","sectionType":"section","heading":"Application for removal by licence holder","content":"### sec.43 Application for removal by licence holder\n\nThis section applies to a person who—\nholds a pharmacy business licence jointly with 1 or more other persons; and\nis no longer an owner of the pharmacy business to which the licence relates.\nThe person may apply to the council to remove the person as a holder of the pharmacy business licence.\nThe application must be—\nin the approved form; and\naccompanied by the application fee prescribed by regulation.\n(sec.43-ssec.1) This section applies to a person who— holds a pharmacy business licence jointly with 1 or more other persons; and is no longer an owner of the pharmacy business to which the licence relates.\n(sec.43-ssec.2) The person may apply to the council to remove the person as a holder of the pharmacy business licence.\n(sec.43-ssec.3) The application must be— in the approved form; and accompanied by the application fee prescribed by regulation.\n- (a) holds a pharmacy business licence jointly with 1 or more other persons; and\n- (b) is no longer an owner of the pharmacy business to which the licence relates.\n- (a) in the approved form; and\n- (b) accompanied by the application fee prescribed by regulation.","sortOrder":51},{"sectionNumber":"sec.44","sectionType":"section","heading":"Requesting further information or document","content":"### sec.44 Requesting further information or document\n\nThe 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.\nThe application is taken to be withdrawn if the applicant does not give the council the information or document—\nwithin 14 days after receiving the notice; or\nby a later day agreed between the council and the applicant.\ns 44 amd 2025 No. 21 s 12\n(sec.44-ssec.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.\n(sec.44-ssec.2) The application is taken to be withdrawn if the applicant does not give the council the information or document— within 14 days after receiving the notice; or by a later day agreed between the council and the applicant.\n- (a) within 14 days after receiving the notice; or\n- (b) by a later day agreed between the council and the applicant.","sortOrder":52},{"sectionNumber":"sec.45","sectionType":"section","heading":"Criterion for grant","content":"### sec.45 Criterion for grant\n\nThe 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.","sortOrder":53},{"sectionNumber":"sec.46","sectionType":"section","heading":"Deciding application","content":"### sec.46 Deciding application\n\nAfter considering an application under section 43 and any other information or document obtained in relation to the application, the council may decide to—\ngrant the application; or\nrefuse to grant the application.\nIf the council decides to grant the application—\nthe council must—\ngive the applicant a notice stating the decision; and\ngive 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\nthe removal of the applicant as a holder of the licence takes effect on the day stated in the notice.\nThe day stated in the notice under subsection (2) (b) must be—\nafter the day the notice is given to each applicant; or\nan earlier day agreed between the council, the applicant and each holder of the pharmacy business licence.\nIf the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.\n(sec.46-ssec.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— grant the application; or refuse to grant the application.\n(sec.46-ssec.2) If the council decides to grant the application— the council must— give the applicant a notice stating the decision; and 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 the removal of the applicant as a holder of the licence takes effect on the day stated in the notice.\n(sec.46-ssec.3) The day stated in the notice under subsection (2) (b) must be— after the day the notice is given to each applicant; or an earlier day agreed between the council, the applicant and each holder of the pharmacy business licence.\n(sec.46-ssec.4) If the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.\n- (a) grant the application; or\n- (b) refuse to grant the application.\n- (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\n- (i) give the applicant a notice stating the decision; and\n- (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\n- (b) the removal of the applicant as a holder of the licence takes effect on the day stated in the notice.\n- (i) give the applicant a notice stating the decision; and\n- (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\n- (a) after the day the notice is given to each applicant; or\n- (b) an earlier day agreed between the council, the applicant and each holder of the pharmacy business licence.","sortOrder":54},{"sectionNumber":"sec.47","sectionType":"section","heading":"Removal of licence holder on council’s own initiative","content":"### sec.47 Removal of licence holder on council’s own initiative\n\nThis section applies in relation to a person who holds a pharmacy business licence jointly with 1 or more other persons if—\nthe person has died; or\nthe council reasonably suspects the person is not an owner of the pharmacy business to which the licence relates; or\nthe council reasonably suspects a ground for cancelling the licence under section 66 exists—\nin relation to the person; and\nnot in relation to all the holders of the licence.\nThe 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.\nThe removal takes effect on the day stated in the information notice.\nThe day stated in the information notice must be—\nafter the day the notice is given under subsection (2) ; or\nan 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.\nIf 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—\na notice stating the decision; and\na replacement copy of the licence incorporating the removal of the person as a holder of the licence.\n(sec.47-ssec.1) This section applies in relation to a person who holds a pharmacy business licence jointly with 1 or more other persons if— the person has died; or the council reasonably suspects the person is not an owner of the pharmacy business to which the licence relates; or the council reasonably suspects a ground for cancelling the licence under section 66 exists— in relation to the person; and not in relation to all the holders of the licence.\n(sec.47-ssec.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.\n(sec.47-ssec.3) The removal takes effect on the day stated in the information notice.\n(sec.47-ssec.4) The day stated in the information notice must be— after the day the notice is given under subsection (2) ; or 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.\n(sec.47-ssec.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 notice stating the decision; and a replacement copy of the licence incorporating the removal of the person as a holder of the licence.\n- (a) the person has died; or\n- (b) the council reasonably suspects the person is not an owner of the pharmacy business to which the licence relates; or\n- (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.\n- (i) in relation to the person; and\n- (ii) not in relation to all the holders of the licence.\n- (i) in relation to the person; and\n- (ii) not in relation to all the holders of the licence.\n- (a) after the day the notice is given under subsection (2) ; or\n- (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.\n- (a) a notice stating the decision; and\n- (b) a replacement copy of the licence incorporating the removal of the person as a holder of the licence.","sortOrder":55},{"sectionNumber":"sec.48","sectionType":"section","heading":"Show cause notice before removal","content":"### sec.48 Show cause notice before removal\n\nThis 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) .\nThe council must first give each holder of the pharmacy business licence a notice stating—\nthat the council proposes to remove the person as a holder of the licence; and\nthe ground for the proposed removal; and\nthat each holder of the licence may, within 28 days after the notice is given, give the council a written response to the proposed removal.\nThe 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.\n(sec.48-ssec.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) .\n(sec.48-ssec.2) The council must first give each holder of the pharmacy business licence a notice stating— that the council proposes to remove the person as a holder of the licence; and the ground for the proposed removal; and 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.\n(sec.48-ssec.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.\n- (a) that the council proposes to remove the person as a holder of the licence; and\n- (b) the ground for the proposed removal; and\n- (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.","sortOrder":56},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application by licence holder","content":"### sec.49 Application by licence holder\n\nThe 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.\nThe application must—\nbe in the approved form; and\nstate the address of the proposed licensed premises; and\nbe accompanied by the application fee prescribed by regulation.\n(sec.49-ssec.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.\n(sec.49-ssec.2) The application must— be in the approved form; and state the address of the proposed licensed premises; and be accompanied by the application fee prescribed by regulation.\n- (a) be in the approved form; and\n- (b) state the address of the proposed licensed premises; and\n- (c) be accompanied by the application fee prescribed by regulation.","sortOrder":57},{"sectionNumber":"sec.50","sectionType":"section","heading":"Requesting further information, document or inspection of premises","content":"### sec.50 Requesting further information, document or inspection of premises\n\nThe council may, by notice given to an applicant who makes an application under section 49 —\nask the applicant for further information or a document the council needs to decide the application; or\nask the applicant to—\nensure the proposed licensed premises are made available for inspection by the council on—\nthe day stated in the notice; or\nanother day to be agreed between the applicant and the council; and\npay to the council the fee for inspecting the premises prescribed by regulation.\nIf 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.\nIf 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.\nThe application is taken to be withdrawn if—\nthe applicant does not give the council the information or document requested under subsection (1) (a) —\nwithin 14 days after receiving the notice; or\nby a later day agreed between the council and the applicant; or\nif 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\nthe applicant does not pay a fee as required under subsection (3) .\nIf 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.\ns 50 amd 2025 No. 21 s 13\n(sec.50-ssec.1) The council may, by notice given to an applicant who makes an application under section 49 — ask the applicant for further information or a document the council needs to decide the application; or ask the applicant to— ensure the proposed licensed premises are made available for inspection by the council on— the day stated in the notice; or another day to be agreed between the applicant and the council; and pay to the council the fee for inspecting the premises prescribed by regulation.\n(sec.50-ssec.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.\n(sec.50-ssec.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.\n(sec.50-ssec.4) The application is taken to be withdrawn if— the applicant does not give the council the information or document requested under subsection (1) (a) — within 14 days after receiving the notice; or by a later day agreed between the council and the applicant; or 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 the applicant does not pay a fee as required under subsection (3) .\n(sec.50-ssec.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.\n- (a) ask the applicant for further information or a document the council needs to decide the application; or\n- (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.\n- (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\n- (A) the day stated in the notice; or\n- (B) another day to be agreed between the applicant and the council; and\n- (ii) pay to the council the fee for inspecting the premises prescribed by regulation.\n- (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\n- (A) the day stated in the notice; or\n- (B) another day to be agreed between the applicant and the council; and\n- (ii) pay to the council the fee for inspecting the premises prescribed by regulation.\n- (A) the day stated in the notice; or\n- (B) another day to be agreed between the applicant and the council; and\n- (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\n- (i) within 14 days after receiving the notice; or\n- (ii) by a later day agreed between the council and the applicant; or\n- (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\n- (c) the applicant does not pay a fee as required under subsection (3) .\n- (i) within 14 days after receiving the notice; or\n- (ii) by a later day agreed between the council and the applicant; or","sortOrder":58},{"sectionNumber":"sec.51","sectionType":"section","heading":"Criteria for grant","content":"### sec.51 Criteria for grant\n\nThe council may grant an application under section 49 only if satisfied the proposed licensed premises are authorised premises.\nHowever, 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.\n(sec.51-ssec.1) The council may grant an application under section 49 only if satisfied the proposed licensed premises are authorised premises.\n(sec.51-ssec.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.","sortOrder":59},{"sectionNumber":"sec.52","sectionType":"section","heading":"Deciding application","content":"### sec.52 Deciding application\n\nAfter considering an application under section 49 and any other information or document obtained in relation to the application, the council may decide to—\ngrant the application; or\nrefuse to grant the application.\nIf the council decides to grant the application—\nthe council must give the applicant—\na notice stating the decision; and\na replacement copy of the pharmacy business licence incorporating the change of licensed premises applied for; and\nthe change takes effect on the day stated in the notice.\nThe day stated in the notice under subsection (2) (b) must be after the day the notice is given to the applicant.\nIf the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.\n(sec.52-ssec.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— grant the application; or refuse to grant the application.\n(sec.52-ssec.2) If the council decides to grant the application— the council must give the applicant— a notice stating the decision; and a replacement copy of the pharmacy business licence incorporating the change of licensed premises applied for; and the change takes effect on the day stated in the notice.\n(sec.52-ssec.3) The day stated in the notice under subsection (2) (b) must be after the day the notice is given to the applicant.\n(sec.52-ssec.4) If the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.\n- (a) grant the application; or\n- (b) refuse to grant the application.\n- (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\n- (i) a notice stating the decision; and\n- (ii) a replacement copy of the pharmacy business licence incorporating the change of licensed premises applied for; and\n- (b) the change takes effect on the day stated in the notice.\n- (i) a notice stating the decision; and\n- (ii) a replacement copy of the pharmacy business licence incorporating the change of licensed premises applied for; and","sortOrder":60},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application by licence holder","content":"### sec.53 Application by licence holder\n\nThe 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—\na holder of a material interest in the pharmacy business to which the licence relates; or\na director of a holder of the licence that is a corporation.\nThe application must be—\nin the approved form; and\naccompanied by the application fee prescribed by regulation.\n(sec.53-ssec.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 holder of a material interest in the pharmacy business to which the licence relates; or a director of a holder of the licence that is a corporation.\n(sec.53-ssec.2) The application must be— in the approved form; and accompanied by the application fee prescribed by regulation.\n- (a) a holder of a material interest in the pharmacy business to which the licence relates; or\n- (b) a director of a holder of the licence that is a corporation.\n- (a) in the approved form; and\n- (b) accompanied by the application fee prescribed by regulation.","sortOrder":61},{"sectionNumber":"sec.54","sectionType":"section","heading":"Requesting further information or document","content":"### sec.54 Requesting further information or document\n\nThe 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.\nThe application is taken to be withdrawn if the applicant does not give the council the information or document—\nwithin 14 days after receiving the notice; or\nby a later day agreed between the council and the applicant.\ns 54 amd 2025 No. 21 s 14\n(sec.54-ssec.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.\n(sec.54-ssec.2) The application is taken to be withdrawn if the applicant does not give the council the information or document— within 14 days after receiving the notice; or by a later day agreed between the council and the applicant.\n- (a) within 14 days after receiving the notice; or\n- (b) by a later day agreed between the council and the applicant.","sortOrder":62},{"sectionNumber":"sec.55","sectionType":"section","heading":"Criteria for grant","content":"### sec.55 Criteria for grant\n\nThe council may grant an application under section 53 only if satisfied—\nthe applicant is still a fit and proper person to own a pharmacy business; and\nfor an application to add the name of a person as a holder of a material interest in the pharmacy business, the person—\nis permitted, under section 16 , to hold a material interest in the pharmacy business; and\ndoes not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person; and\nfor 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\nfor 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.\n- (a) the applicant is still a fit and proper person to own a pharmacy business; and\n- (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\n- (i) is permitted, under section 16 , to hold a material interest in the pharmacy business; and\n- (ii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person; and\n- (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\n- (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.\n- (i) is permitted, under section 16 , to hold a material interest in the pharmacy business; and\n- (ii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person; and","sortOrder":63},{"sectionNumber":"sec.56","sectionType":"section","heading":"Deciding application","content":"### sec.56 Deciding application\n\nAfter considering an application under section 53 and any other information or document obtained in relation to the application, the council may decide to—\ngrant the application; or\nrefuse to grant the application.\nIf the council decides to grant the application, the council must give each holder of the pharmacy business licence to which the application relates—\na notice stating the decision; and\na replacement copy of the licence incorporating the addition or removal of the material interest holder’s or director’s name applied for.\nIf the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.\n(sec.56-ssec.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— grant the application; or refuse to grant the application.\n(sec.56-ssec.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 notice stating the decision; and a replacement copy of the licence incorporating the addition or removal of the material interest holder’s or director’s name applied for.\n(sec.56-ssec.3) If the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.\n- (a) grant the application; or\n- (b) refuse to grant the application.\n- (a) a notice stating the decision; and\n- (b) a replacement copy of the licence incorporating the addition or removal of the material interest holder’s or director’s name applied for.","sortOrder":64},{"sectionNumber":"sec.57","sectionType":"section","heading":"Addition or removal of material interest holder or director on council’s own initiative","content":"### sec.57 Addition or removal of material interest holder or director on council’s own initiative\n\nThis 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—\na holder of a material interest in the pharmacy business to which the licence relates; or\na director of the holder of the licence that is a corporation.\nThe 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.\nIf 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—\na notice stating the decision; and\na replacement copy of the licence incorporating the addition or removal of the person’s name.\n(sec.57-ssec.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 holder of a material interest in the pharmacy business to which the licence relates; or a director of the holder of the licence that is a corporation.\n(sec.57-ssec.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.\n(sec.57-ssec.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 notice stating the decision; and a replacement copy of the licence incorporating the addition or removal of the person’s name.\n- (a) a holder of a material interest in the pharmacy business to which the licence relates; or\n- (b) a director of the holder of the licence that is a corporation.\n- (a) a notice stating the decision; and\n- (b) a replacement copy of the licence incorporating the addition or removal of the person’s name.","sortOrder":65},{"sectionNumber":"sec.58","sectionType":"section","heading":"Show cause notice before addition or removal","content":"### sec.58 Show cause notice before addition or removal\n\nThis 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 .\nThe council must first give each holder of the pharmacy business licence a notice stating—\nthat the council proposes to add to, or remove from, the list the name of a stated person as—\na holder of a material interest in the pharmacy business to which the licence relates; or\na director of a holder of the licence that is a corporation; and\nthe ground for the proposed addition or removal; and\nthat 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.\nThe 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.\n(sec.58-ssec.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 .\n(sec.58-ssec.2) The council must first give each holder of the pharmacy business licence a notice stating— that the council proposes to add to, or remove from, the list the name of a stated person as— a holder of a material interest in the pharmacy business to which the licence relates; or a director of a holder of the licence that is a corporation; and the ground for the proposed addition or removal; and 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.\n(sec.58-ssec.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.\n- (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\n- (i) a holder of a material interest in the pharmacy business to which the licence relates; or\n- (ii) a director of a holder of the licence that is a corporation; and\n- (b) the ground for the proposed addition or removal; and\n- (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.\n- (i) a holder of a material interest in the pharmacy business to which the licence relates; or\n- (ii) a director of a holder of the licence that is a corporation; and","sortOrder":66},{"sectionNumber":"sec.59","sectionType":"section","heading":"Application by licence holder","content":"### sec.59 Application by licence holder\n\nThe holder of a pharmacy business licence may apply to the council to change any of the following stated on the licence—\nthe business name for the pharmacy business to which the licence relates;\na condition of the licence;\nif 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.\na holder of a pharmacy business licence that is a corporation changes its name\na person who holds a material interest in a pharmacy business changes the person’s surname\nThe application must be—\nin the approved form; and\naccompanied by the application fee prescribed by regulation.\n(sec.59-ssec.1) The holder of a pharmacy business licence may apply to the council to change any of the following stated on the licence— the business name for the pharmacy business to which the licence relates; a condition of the licence; 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. 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\n(sec.59-ssec.2) The application must be— in the approved form; and accompanied by the application fee prescribed by regulation.\n- (a) the business name for the pharmacy business to which the licence relates;\n- (b) a condition of the licence;\n- (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\n- • a holder of a pharmacy business licence that is a corporation changes its name\n- • a person who holds a material interest in a pharmacy business changes the person’s surname\n- • a holder of a pharmacy business licence that is a corporation changes its name\n- • a person who holds a material interest in a pharmacy business changes the person’s surname\n- (a) in the approved form; and\n- (b) accompanied by the application fee prescribed by regulation.","sortOrder":67},{"sectionNumber":"sec.60","sectionType":"section","heading":"Requesting further information or document","content":"### sec.60 Requesting further information or document\n\nThe 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.\nThe application is taken to be withdrawn if the applicant does not give the council the information or document—\nwithin 14 days after receiving the notice; or\nby a later day agreed between the council and the applicant.\ns 60 amd 2025 No. 21 s 15\n(sec.60-ssec.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.\n(sec.60-ssec.2) The application is taken to be withdrawn if the applicant does not give the council the information or document— within 14 days after receiving the notice; or by a later day agreed between the council and the applicant.\n- (a) within 14 days after receiving the notice; or\n- (b) by a later day agreed between the council and the applicant.","sortOrder":68},{"sectionNumber":"sec.61","sectionType":"section","heading":"Criterion for grant","content":"### sec.61 Criterion for grant\n\nThe council may grant an application under section 59 only if satisfied the grant is reasonable and appropriate in the circumstances.","sortOrder":69},{"sectionNumber":"sec.62","sectionType":"section","heading":"Deciding application","content":"### sec.62 Deciding application\n\nAfter considering an application under section 59 and any other information or document obtained in relation to the application, the council may decide to—\ngrant the application; or\nrefuse to grant the application.\nIf the council decides to grant the application, the council must give the applicant—\na notice stating the decision; and\na replacement copy of the pharmacy business licence incorporating the change applied for.\nIf the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.\n(sec.62-ssec.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— grant the application; or refuse to grant the application.\n(sec.62-ssec.2) If the council decides to grant the application, the council must give the applicant— a notice stating the decision; and a replacement copy of the pharmacy business licence incorporating the change applied for.\n(sec.62-ssec.3) If the council decides to refuse to grant the application, the council must give the applicant an information notice for the decision.\n- (a) grant the application; or\n- (b) refuse to grant the application.\n- (a) a notice stating the decision; and\n- (b) a replacement copy of the pharmacy business licence incorporating the change applied for.","sortOrder":70},{"sectionNumber":"sec.63","sectionType":"section","heading":"Change on council’s own initiative","content":"### sec.63 Change on council’s own initiative\n\nThis section applies if the council reasonably believes it is necessary in the circumstances to change the conditions of a pharmacy business licence to ensure—\nthe proper operation of the pharmacy business to which the licence relates; or\nthe health and wellbeing of customers of the pharmacy business to which the licence relates.\nAlso, this section applies if the council—\nreasonably suspects a ground for suspending a pharmacy business licence under section 65 , or cancelling a pharmacy business licence under section 66 , exists; and\nreasonably 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.\nThe council may decide to change the conditions of the pharmacy business licence by giving each holder of the licence—\nan information notice for the change; and\na replacement copy of the licence incorporating the change.\nThe change takes effect on the day stated in the information notice.\nThe 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) .\nIn this section—\nchange , for the conditions of a pharmacy business licence, includes impose a new condition on the licence.\n(sec.63-ssec.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— the proper operation of the pharmacy business to which the licence relates; or the health and wellbeing of customers of the pharmacy business to which the licence relates.\n(sec.63-ssec.2) Also, this section applies if the council— reasonably suspects a ground for suspending a pharmacy business licence under section 65 , or cancelling a pharmacy business licence under section 66 , exists; and 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.\n(sec.63-ssec.3) The council may decide to change the conditions of the pharmacy business licence by giving each holder of the licence— an information notice for the change; and a replacement copy of the licence incorporating the change.\n(sec.63-ssec.4) The change takes effect on the day stated in the information notice.\n(sec.63-ssec.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) .\n(sec.63-ssec.6) In this section— change , for the conditions of a pharmacy business licence, includes impose a new condition on the licence.\n- (a) the proper operation of the pharmacy business to which the licence relates; or\n- (b) the health and wellbeing of customers of the pharmacy business to which the licence relates.\n- (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\n- (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.\n- (a) an information notice for the change; and\n- (b) a replacement copy of the licence incorporating the change.","sortOrder":71},{"sectionNumber":"sec.64","sectionType":"section","heading":"Show cause notice before change","content":"### sec.64 Show cause notice before change\n\nThis section applies if the council is proposing to change the conditions of a pharmacy business licence under section 63 .\nThe council must first give each holder of the pharmacy business licence a notice stating—\nthat the council proposes to change the conditions of the licence; and\nthe reasons for the proposed change; and\nthat each holder of the licence may, within 28 days after the notice is given, give the council a written response to the proposed change.\nThe 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.\n(sec.64-ssec.1) This section applies if the council is proposing to change the conditions of a pharmacy business licence under section 63 .\n(sec.64-ssec.2) The council must first give each holder of the pharmacy business licence a notice stating— that the council proposes to change the conditions of the licence; and the reasons for the proposed change; and 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.\n(sec.64-ssec.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.\n- (a) that the council proposes to change the conditions of the licence; and\n- (b) the reasons for the proposed change; and\n- (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.","sortOrder":72},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Suspension, cancellation and surrender","content":"## Suspension, cancellation and surrender","sortOrder":73},{"sectionNumber":"sec.65","sectionType":"section","heading":"Suspension","content":"### sec.65 Suspension\n\nThis section applies in relation to a pharmacy business licence if the council reasonably suspects—\nthe licence was granted, renewed or restored because of materially incorrect, false or misleading information; or\na holder of the licence, or a director or shareholder of a holder of the licence, has contravened a condition of the licence; or\na 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\nthe licensed premises for the licence are not authorised premises; or\na 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\na holder of the licence holds another pharmacy business licence that has been suspended under this Act.\nHowever, 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.\nThe council may suspend the pharmacy business licence by giving each holder of the licence an information notice for the suspension.\nThe suspension—\ntakes effect on the day stated in the information notice; and\ncontinues for—\nif 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\notherwise—the period of not more than 90 days stated in the information notice.\nThe day stated in the information notice must be after the day the notice is given to all holders of the pharmacy business licence.\n(sec.65-ssec.1) This section applies in relation to a pharmacy business licence if the council reasonably suspects— the licence was granted, renewed or restored because of materially incorrect, false or misleading information; or a holder of the licence, or a director or shareholder of a holder of the licence, has contravened a condition of the licence; or 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 the licensed premises for the licence are not authorised premises; or 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 a holder of the licence holds another pharmacy business licence that has been suspended under this Act.\n(sec.65-ssec.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.\n(sec.65-ssec.3) The council may suspend the pharmacy business licence by giving each holder of the licence an information notice for the suspension.\n(sec.65-ssec.4) The suspension— takes effect on the day stated in the information notice; and continues for— 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 otherwise—the period of not more than 90 days stated in the information notice.\n(sec.65-ssec.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.\n- (a) the licence was granted, renewed or restored because of materially incorrect, false or misleading information; or\n- (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\n- (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\n- (d) the licensed premises for the licence are not authorised premises; or\n- (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\n- (f) a holder of the licence holds another pharmacy business licence that has been suspended under this Act.\n- (a) takes effect on the day stated in the information notice; and\n- (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.\n- (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\n- (ii) otherwise—the period of not more than 90 days stated in the information notice.\n- (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\n- (ii) otherwise—the period of not more than 90 days stated in the information notice.","sortOrder":74},{"sectionNumber":"sec.66","sectionType":"section","heading":"Cancellation","content":"### sec.66 Cancellation\n\nThis section applies in relation to a pharmacy business licence if the council reasonably suspects—\nany of the grounds mentioned in section 65 (1) (a) to (f) apply in relation to the licence; or\na holder of the licence is not an eligible person; or\na holder of the licence is not a fit and proper person to own a pharmacy business; or\na 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\na 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\na holder of the licence holds another pharmacy business licence that has been cancelled under this Act.\nHowever, 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.\nAlso, 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.\nThe council may cancel the pharmacy business licence by giving each holder of the licence an information notice for the cancellation.\nThe cancellation takes effect on the day stated in the information notice.\nThe day stated in the information notice must be after the day the notice is given to all holders of the pharmacy business licence.\n(sec.66-ssec.1) This section applies in relation to a pharmacy business licence if the council reasonably suspects— any of the grounds mentioned in section 65 (1) (a) to (f) apply in relation to the licence; or a holder of the licence is not an eligible person; or a holder of the licence is not a fit and proper person to own a pharmacy business; or 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 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 a holder of the licence holds another pharmacy business licence that has been cancelled under this Act.\n(sec.66-ssec.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.\n(sec.66-ssec.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.\n(sec.66-ssec.4) The council may cancel the pharmacy business licence by giving each holder of the licence an information notice for the cancellation.\n(sec.66-ssec.5) The cancellation takes effect on the day stated in the information notice.\n(sec.66-ssec.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.\n- (a) any of the grounds mentioned in section 65 (1) (a) to (f) apply in relation to the licence; or\n- (b) a holder of the licence is not an eligible person; or\n- (c) a holder of the licence is not a fit and proper person to own a pharmacy business; or\n- (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\n- (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\n- (f) a holder of the licence holds another pharmacy business licence that has been cancelled under this Act.","sortOrder":75},{"sectionNumber":"sec.67","sectionType":"section","heading":"Show cause notice before suspension or cancellation","content":"### sec.67 Show cause notice before suspension or cancellation\n\nThis section applies if the council is proposing to—\nsuspend a pharmacy business licence under section 65 ; or\ncancel a pharmacy business licence under section 66 .\nThe council must first give each holder of the pharmacy business licence a notice stating—\nthat the council proposes to suspend or cancel the licence; and\nthe reasons for the proposed suspension or cancellation; and\nthat 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.\nThe 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.\n(sec.67-ssec.1) This section applies if the council is proposing to— suspend a pharmacy business licence under section 65 ; or cancel a pharmacy business licence under section 66 .\n(sec.67-ssec.2) The council must first give each holder of the pharmacy business licence a notice stating— that the council proposes to suspend or cancel the licence; and the reasons for the proposed suspension or cancellation; and 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.\n(sec.67-ssec.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.\n- (a) suspend a pharmacy business licence under section 65 ; or\n- (b) cancel a pharmacy business licence under section 66 .\n- (a) that the council proposes to suspend or cancel the licence; and\n- (b) the reasons for the proposed suspension or cancellation; and\n- (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.","sortOrder":76},{"sectionNumber":"sec.68","sectionType":"section","heading":"Immediate suspension or cancellation without show cause notice","content":"### sec.68 Immediate suspension or cancellation without show cause notice\n\nThis section applies if the council reasonably suspects—\neither of the following exists for a pharmacy business licence—\na ground for suspending the licence under section 65 ;\na ground for cancelling the licence under section 66 ; and\ncarrying on the pharmacy business to which the licence relates poses an immediate risk to public health or safety.\nThe council may, without giving each holder of the pharmacy business licence a notice under section 67 —\nif subsection (1) (a) (i) applies in relation to the licence—immediately suspend the licence; or\nif subsection (1) (a) (ii) applies in relation to the licence—immediately cancel the licence.\nHowever, the council must immediately tell each holder of the pharmacy business licence about the suspension or cancellation by giving the holder an information notice.\nThe suspension or cancellation takes effect on the day stated in the information notice.\nThe council may not suspend a pharmacy business licence under subsection (2) (a) for a period of more than 90 days.\n(sec.68-ssec.1) This section applies if the council reasonably suspects— either of the following exists for a pharmacy business licence— a ground for suspending the licence under section 65 ; a ground for cancelling the licence under section 66 ; and carrying on the pharmacy business to which the licence relates poses an immediate risk to public health or safety.\n(sec.68-ssec.2) The council may, without giving each holder of the pharmacy business licence a notice under section 67 — if subsection (1) (a) (i) applies in relation to the licence—immediately suspend the licence; or if subsection (1) (a) (ii) applies in relation to the licence—immediately cancel the licence.\n(sec.68-ssec.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.\n(sec.68-ssec.4) The suspension or cancellation takes effect on the day stated in the information notice.\n(sec.68-ssec.5) The council may not suspend a pharmacy business licence under subsection (2) (a) for a period of more than 90 days.\n- (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\n- (i) a ground for suspending the licence under section 65 ;\n- (ii) a ground for cancelling the licence under section 66 ; and\n- (b) carrying on the pharmacy business to which the licence relates poses an immediate risk to public health or safety.\n- (i) a ground for suspending the licence under section 65 ;\n- (ii) a ground for cancelling the licence under section 66 ; and\n- (a) if subsection (1) (a) (i) applies in relation to the licence—immediately suspend the licence; or\n- (b) if subsection (1) (a) (ii) applies in relation to the licence—immediately cancel the licence.","sortOrder":77},{"sectionNumber":"sec.69","sectionType":"section","heading":"Surrender","content":"### sec.69 Surrender\n\nThe holder of a pharmacy business licence may surrender the licence by notice to the council at any time.\nDespite 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.\nIf 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—\nstops being an eligible person; or\ndisposes of the person’s interest as owner of the pharmacy business to which the licence relates.\nMaximum penalty—50 penalty units.\nA surrender of a pharmacy business licence under this section takes effect on the day the notice surrendering the licence is given to the council.\ns 69 amd 2025 No. 21 s 16\n(sec.69-ssec.1) The holder of a pharmacy business licence may surrender the licence by notice to the council at any time.\n(sec.69-ssec.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.\n(sec.69-ssec.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— stops being an eligible person; or disposes of the person’s interest as owner of the pharmacy business to which the licence relates. Maximum penalty—50 penalty units.\n(sec.69-ssec.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.\n- (a) stops being an eligible person; or\n- (b) disposes of the person’s interest as owner of the pharmacy business to which the licence relates.","sortOrder":78},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":79},{"sectionNumber":"sec.70","sectionType":"section","heading":"Dealings with pharmacy business licences prohibited","content":"### sec.70 Dealings with pharmacy business licences prohibited\n\nThe holder of a pharmacy business licence must not—\nsell or transfer the licence to someone else; or\nnotify or advertise that the licence is available for sale or transfer; or\npermit or allow someone else to hold out that the person is the holder of the licence.\nMaximum penalty—200 penalty units.\nA person must not buy or receive a transfer of a pharmacy business licence.\nMaximum penalty—200 penalty units.\n(sec.70-ssec.1) The holder of a pharmacy business licence must not— sell or transfer the licence to someone else; or notify or advertise that the licence is available for sale or transfer; or permit or allow someone else to hold out that the person is the holder of the licence. Maximum penalty—200 penalty units.\n(sec.70-ssec.2) A person must not buy or receive a transfer of a pharmacy business licence. Maximum penalty—200 penalty units.\n- (a) sell or transfer the licence to someone else; or\n- (b) notify or advertise that the licence is available for sale or transfer; or\n- (c) permit or allow someone else to hold out that the person is the holder of the licence.","sortOrder":80},{"sectionNumber":"sec.71","sectionType":"section","heading":"False or misleading information","content":"### sec.71 False or misleading information\n\nA person must not, in relation to a pharmacy business licence or an application under this Act—\nstate anything to the council the person knows is false or misleading in a material particular; or\ngive the council information or a document the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person who, when making the statement or giving the information or document—\ntells the council, to the best of the person’s ability, how the statement, information or document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information to the council.\n(sec.71-ssec.1) A person must not, in relation to a pharmacy business licence or an application under this Act— state anything to the council the person knows is false or misleading in a material particular; or give the council information or a document the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.71-ssec.2) Subsection (1) does not apply to a person who, when making the statement or giving the information or document— tells the council, to the best of the person’s ability, how the statement, information or document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information to the council.\n- (a) state anything to the council the person knows is false or misleading in a material particular; or\n- (b) give the council information or a document the person knows is false or misleading in a material particular.\n- (a) tells the council, to the best of the person’s ability, how the statement, information or document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the council.","sortOrder":81},{"sectionNumber":"pt.5","sectionType":"part","heading":"Fit and proper persons","content":"# Fit and proper persons","sortOrder":82},{"sectionNumber":"sec.72","sectionType":"section","heading":"Deciding whether person is fit and proper to own pharmacy business","content":"### sec.72 Deciding whether person is fit and proper to own pharmacy business\n\nIn deciding whether a person is a fit and proper person to own a pharmacy business, the council must have regard to the following—\nwhether the person, or a director or shareholder of the person, holds or has previously held a pharmacy business licence;\nany conditions of a pharmacy business licence held or previously held by the person, or a director or shareholder of the person;\nwhether 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;\nwhether 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;\nwhether 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;\nwhether the person, or a director or shareholder of the person, has been convicted of an indictable offence;\nif the person is an individual—whether the person is, or has been—\nan insolvent under administration; or\ndisqualified from managing corporations under the Corporations Act;\nif the person is a corporation—whether the person is, or has been—\nplaced into administration, receivership or liquidation; or\nwound up or deregistered under the Corporations Act;\nany 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;\nanother matter the council considers relevant in deciding whether the person is a fit and proper person to own a pharmacy business.\n- (a) whether the person, or a director or shareholder of the person, holds or has previously held a pharmacy business licence;\n- (b) any conditions of a pharmacy business licence held or previously held by the person, or a director or shareholder of the person;\n- (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;\n- (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;\n- (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;\n- (f) whether the person, or a director or shareholder of the person, has been convicted of an indictable offence;\n- (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;\n- (i) an insolvent under administration; or\n- (ii) disqualified from managing corporations under the Corporations Act;\n- (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;\n- (i) placed into administration, receivership or liquidation; or\n- (ii) wound up or deregistered under the Corporations Act;\n- (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;\n- (j) another matter the council considers relevant in deciding whether the person is a fit and proper person to own a pharmacy business.\n- (i) an insolvent under administration; or\n- (ii) disqualified from managing corporations under the Corporations Act;\n- (i) placed into administration, receivership or liquidation; or\n- (ii) wound up or deregistered under the Corporations Act;","sortOrder":83},{"sectionNumber":"sec.73","sectionType":"section","heading":"Criminal history report","content":"### sec.73 Criminal history report\n\nThis section applies if the council is considering whether a person is a fit and proper person to own a pharmacy business under section 72 .\nThe council may ask the commissioner of the police service for a criminal history report about—\nthe person; or\na director or shareholder of the person.\nHowever, the council may make the request only if the person, director or shareholder has given the council written consent for the request.\nThe commissioner of the police service must comply with the request.\nHowever, 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.\nThe council must ensure any information received under this section—\nis destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested; and\nis not used for any purpose other than the purpose for which it was requested.\nSubsection (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 .\nan attachment to an email\n(sec.73-ssec.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 .\n(sec.73-ssec.2) The council may ask the commissioner of the police service for a criminal history report about— the person; or a director or shareholder of the person.\n(sec.73-ssec.3) However, the council may make the request only if the person, director or shareholder has given the council written consent for the request.\n(sec.73-ssec.4) The commissioner of the police service must comply with the request.\n(sec.73-ssec.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.\n(sec.73-ssec.6) The council must ensure any information received under this section— is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested; and is not used for any purpose other than the purpose for which it was requested.\n(sec.73-ssec.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 . an attachment to an email\n- (a) the person; or\n- (b) a director or shareholder of the person.\n- (a) is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested; and\n- (b) is not used for any purpose other than the purpose for which it was requested.","sortOrder":84},{"sectionNumber":"sec.73A","sectionType":"section","heading":"Exchange of information","content":"### sec.73A Exchange of information\n\nThe council may enter into an arrangement (an information-sharing arrangement ) with the chief executive for the purposes of sharing or exchanging information—\nheld by the council or the chief executive; or\nto which the council or the chief executive has access.\nAn information-sharing agreement may relate only to—\ninformation, 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\nother information that is reasonably necessary to facilitate the sharing with the council of information mentioned in paragraph (a) .\nUnder an information-sharing arrangement, the council and the chief executive are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nThe 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.\ns 73A ins 2025 No. 21 s 17\n(sec.73A-ssec.1) The council may enter into an arrangement (an information-sharing arrangement ) with the chief executive for the purposes of sharing or exchanging information— held by the council or the chief executive; or to which the council or the chief executive has access.\n(sec.73A-ssec.2) An information-sharing agreement may relate only to— 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 other information that is reasonably necessary to facilitate the sharing with the council of information mentioned in paragraph (a) .\n(sec.73A-ssec.3) Under an information-sharing arrangement, the council and the chief executive are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.73A-ssec.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.\n- (a) held by the council or the chief executive; or\n- (b) to which the council or the chief executive has access.\n- (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\n- (b) other information that is reasonably necessary to facilitate the sharing with the council of information mentioned in paragraph (a) .\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.","sortOrder":85},{"sectionNumber":"sec.74","sectionType":"section","heading":"Review of written contract, agreement or arrangement","content":"### sec.74 Review of written contract, agreement or arrangement\n\nThis 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) .\nSee, for example, sections 26 , 39 , 54 and 81 for provisions under which the council may ask for a document as mentioned in subsection (1) .\nThe council may—\nappoint an appropriately qualified person (the reviewer ) to—\nreview the document for the purpose of determining the matter mentioned in subsection (1) ; and\nprepare a report on the review for the council; and\nby 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.\nIf 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.\nIf 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) .\n(sec.74-ssec.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) . 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) .\n(sec.74-ssec.2) The council may— appoint an appropriately qualified person (the reviewer ) to— review the document for the purpose of determining the matter mentioned in subsection (1) ; and prepare a report on the review for the council; and 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.\n(sec.74-ssec.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.\n(sec.74-ssec.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) .\n- (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\n- (i) review the document for the purpose of determining the matter mentioned in subsection (1) ; and\n- (ii) prepare a report on the review for the council; and\n- (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.\n- (i) review the document for the purpose of determining the matter mentioned in subsection (1) ; and\n- (ii) prepare a report on the review for the council; and","sortOrder":86},{"sectionNumber":"pt.6","sectionType":"part","heading":"Obligations of holders of pharmacy business licences and material interests","content":"# Obligations of holders of pharmacy business licences and material interests","sortOrder":87},{"sectionNumber":"sec.75","sectionType":"section","heading":"Notification of new convictions","content":"### sec.75 Notification of new convictions\n\nThis 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.\nThe 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.\nMaximum penalty—100 penalty units.\nThe notice must include—\nthe existence of the conviction; and\ndetails adequate to identify the offence; and\ndetails of when the offence was committed; and\nthe sentence imposed, if any, on the holder, director or shareholder.\n(sec.75-ssec.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.\n(sec.75-ssec.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.\n(sec.75-ssec.3) The notice must include— the existence of the conviction; and details adequate to identify the offence; and details of when the offence was committed; and the sentence imposed, if any, on the holder, director or shareholder.\n- (a) the existence of the conviction; and\n- (b) details adequate to identify the offence; and\n- (c) details of when the offence was committed; and\n- (d) the sentence imposed, if any, on the holder, director or shareholder.","sortOrder":88},{"sectionNumber":"sec.76","sectionType":"section","heading":"Notification of change in circumstances relating to whether holder of pharmacy business licence etc. is fit and proper person","content":"### sec.76 Notification of change in circumstances relating to whether holder of pharmacy business licence etc. is fit and proper person\n\nThis 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—\na matter mentioned in section 72 (a) to (e) or (g) to (j) ;\na 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.\nThe 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.\nMaximum penalty—50 penalty units.\nIf 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.\nHowever, the holder, director or shareholder does not commit an offence against subsection (2) if—\nthe change relates to a contravention of this Act, the Health Practitioner Regulation National Law or the Medicines and Poisons Act 2019 ; and\ncomplying with the subsection might tend to incriminate the person or expose the person to a penalty.\n(sec.76-ssec.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 matter mentioned in section 72 (a) to (e) or (g) to (j) ; 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.\n(sec.76-ssec.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. 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.\n(sec.76-ssec.3) However, the holder, director or shareholder does not commit an offence against subsection (2) if— the change relates to a contravention of this Act, the Health Practitioner Regulation National Law or the Medicines and Poisons Act 2019 ; and complying with the subsection might tend to incriminate the person or expose the person to a penalty.\n- (a) a matter mentioned in section 72 (a) to (e) or (g) to (j) ;\n- (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.\n- (a) the change relates to a contravention of this Act, the Health Practitioner Regulation National Law or the Medicines and Poisons Act 2019 ; and\n- (b) complying with the subsection might tend to incriminate the person or expose the person to a penalty.","sortOrder":89},{"sectionNumber":"sec.77","sectionType":"section","heading":"Notification of death of joint licence holder","content":"### sec.77 Notification of death of joint licence holder\n\nThis section applies if—\n2 or more persons jointly hold a pharmacy business licence; and\n1 of the holders dies.\nThe 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.\nMaximum penalty—50 penalty units.\nSee 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.\n(sec.77-ssec.1) This section applies if— 2 or more persons jointly hold a pharmacy business licence; and 1 of the holders dies.\n(sec.77-ssec.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. 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.\n- (a) 2 or more persons jointly hold a pharmacy business licence; and\n- (b) 1 of the holders dies.","sortOrder":90},{"sectionNumber":"sec.78","sectionType":"section","heading":"Notification of change of contact details for licensed pharmacy business","content":"### sec.78 Notification of change of contact details for licensed pharmacy business\n\nThis section applies if the postal address, phone number or email address for a licensed pharmacy business changes.\na change of the street address details for the licensed premises for the business by Australia Post\nfor licensed premises in a shopping centre—a change of the shop number allocated to the premises by the owner of the centre\nThe 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.\nMaximum penalty—50 penalty units.\nIf 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.\n(sec.78-ssec.1) This section applies if the postal address, phone number or email address for a licensed pharmacy business changes. 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\n(sec.78-ssec.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. 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.\n- • a change of the street address details for the licensed premises for the business by Australia Post\n- • for licensed premises in a shopping centre—a change of the shop number allocated to the premises by the owner of the centre","sortOrder":91},{"sectionNumber":"sec.79","sectionType":"section","heading":"Notification of change relating to holder of material interest in pharmacy business or director of licence holder","content":"### sec.79 Notification of change relating to holder of material interest in pharmacy business or director of licence holder\n\nThis section applies if a holder of a pharmacy business licence becomes aware of—\na change in the number or type of shares a person holds in the holder; or\na 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\na change of a director of a holder of the licence.\nThe holder of the pharmacy business licence must, unless the holder has a reasonable excuse, give the council notice of the change—\nin the approved form; and\nwithin 14 days after becoming aware of the change.\nMaximum penalty—50 penalty units.\nIf 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.\nSubsection (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) .\n(sec.79-ssec.1) This section applies if a holder of a pharmacy business licence becomes aware of— a change in the number or type of shares a person holds in the holder; or 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 a change of a director of a holder of the licence.\n(sec.79-ssec.2) The holder of the pharmacy business licence must, unless the holder has a reasonable excuse, give the council notice of the change— in the approved form; and within 14 days after becoming aware of the change. Maximum penalty—50 penalty units. 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.\n(sec.79-ssec.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) .\n- (a) a change in the number or type of shares a person holds in the holder; or\n- (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\n- (c) a change of a director of a holder of the licence.\n- (a) in the approved form; and\n- (b) within 14 days after becoming aware of the change.","sortOrder":92},{"sectionNumber":"sec.80","sectionType":"section","heading":"Notification of temporary closure of licensed pharmacy business","content":"### sec.80 Notification of temporary closure of licensed pharmacy business\n\nThis 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.\nThe 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.\nMaximum penalty—10 penalty units.\nThe 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.\ns 80 amd 2025 No. 21 s 18\n(sec.80-ssec.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.\n(sec.80-ssec.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.\n(sec.80-ssec.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.","sortOrder":93},{"sectionNumber":"sec.81","sectionType":"section","heading":"Council may require holder of pharmacy business licence to give particular information","content":"### sec.81 Council may require holder of pharmacy business licence to give particular information\n\nThe 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—\nrequires to determine whether the holder is—\nan eligible person; or\na fit and proper person to own a pharmacy business; or\nrequires to determine whether a person holds a material interest in the pharmacy business to which the licence relates; or\notherwise considers necessary for the administration of this Act.\nThe holder must comply with the notice, unless the holder has a reasonable excuse.\nMaximum penalty—50 penalty units.\n(sec.81-ssec.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— requires to determine whether the holder is— an eligible person; or a fit and proper person to own a pharmacy business; or requires to determine whether a person holds a material interest in the pharmacy business to which the licence relates; or otherwise considers necessary for the administration of this Act.\n(sec.81-ssec.2) The holder must comply with the notice, unless the holder has a reasonable excuse. Maximum penalty—50 penalty units.\n- (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\n- (i) an eligible person; or\n- (ii) a fit and proper person to own a pharmacy business; or\n- (b) requires to determine whether a person holds a material interest in the pharmacy business to which the licence relates; or\n- (c) otherwise considers necessary for the administration of this Act.\n- (i) an eligible person; or\n- (ii) a fit and proper person to own a pharmacy business; or","sortOrder":94},{"sectionNumber":"pt.7","sectionType":"part","heading":"Ownership and operation of pharmacy businesses for which licences have stopped having effect","content":"# Ownership and operation of pharmacy businesses for which licences have stopped having effect","sortOrder":95},{"sectionNumber":"sec.82","sectionType":"section","heading":"Definitions for part","content":"### sec.82 Definitions for part\n\nIn this part—\ndecision criteria , in relation to a decision under this part about a pharmacy business, means the following—\nthe purposes of this Act;\nthe financial and operational circumstances of the business;\nthe health and wellbeing of customers of the business.\nprevious holder , of a cancelled pharmacy business licence, means the person who held the licence immediately before the cancellation.\n- (a) the purposes of this Act;\n- (b) the financial and operational circumstances of the business;\n- (c) the health and wellbeing of customers of the business.","sortOrder":96},{"sectionNumber":"sec.83","sectionType":"section","heading":"Death of licence holder","content":"### sec.83 Death of licence holder\n\nThis section applies if a pharmacy business licence ends under section 31 (2) (c) or 36 (3) (c) .\nThe 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—\nfor the period starting on the day the holder dies and ending 1 year after that day; or\nfor 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.\nSee section 88 in relation to requirements about carrying on the pharmacy business.\nThe council may grant an approval under subsection (2) (b) on conditions the council considers appropriate.\nSections 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.\n(sec.83-ssec.1) This section applies if a pharmacy business licence ends under section 31 (2) (c) or 36 (3) (c) .\n(sec.83-ssec.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— for the period starting on the day the holder dies and ending 1 year after that day; or 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. See section 88 in relation to requirements about carrying on the pharmacy business.\n(sec.83-ssec.3) The council may grant an approval under subsection (2) (b) on conditions the council considers appropriate.\n(sec.83-ssec.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.\n- (a) for the period starting on the day the holder dies and ending 1 year after that day; or\n- (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.","sortOrder":97},{"sectionNumber":"sec.84","sectionType":"section","heading":"Registration cancellation","content":"### sec.84 Registration cancellation\n\nThis 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.\nThe 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.\nSee section 88 in relation to requirements about carrying on the pharmacy business.\nIn deciding whether to grant an approval under subsection (2) , the council must have regard to the decision criteria.\nEach period approved by the council under subsection (2) must not be more than 3 months.\nThe total of all periods approved by the council under subsection (2) must not be more than 1 year.\nThe council may grant an approval under subsection (2) on conditions the council considers appropriate.\nSections 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.\n(sec.84-ssec.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.\n(sec.84-ssec.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. See section 88 in relation to requirements about carrying on the pharmacy business.\n(sec.84-ssec.3) In deciding whether to grant an approval under subsection (2) , the council must have regard to the decision criteria.\n(sec.84-ssec.4) Each period approved by the council under subsection (2) must not be more than 3 months.\n(sec.84-ssec.5) The total of all periods approved by the council under subsection (2) must not be more than 1 year.\n(sec.84-ssec.6) The council may grant an approval under subsection (2) on conditions the council considers appropriate.\n(sec.84-ssec.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.","sortOrder":98},{"sectionNumber":"sec.85","sectionType":"section","heading":"Director, shareholder or beneficiary no longer spouse of practising pharmacist","content":"### sec.85 Director, shareholder or beneficiary no longer spouse of practising pharmacist\n\nThis section applies if the council cancels a pharmacy business licence—\non 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\non 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.\nThe 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—\nfor the period starting on the day the licence is cancelled and ending 1 year after that day; or\nfor 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.\nSee section 88 in relation to requirements about carrying on the pharmacy business.\nThe council may grant an approval under subsection (2) (b) on conditions the council considers appropriate.\nUntil the period mentioned in subsection (2) ends—\nsections 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\nsection 16 does not apply to the former spouse of the practising pharmacist in relation to holding a material interest in the business.\n(sec.85-ssec.1) This section applies if the council cancels a pharmacy business licence— 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 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.\n(sec.85-ssec.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 1 year after that day; or 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. See section 88 in relation to requirements about carrying on the pharmacy business.\n(sec.85-ssec.3) The council may grant an approval under subsection (2) (b) on conditions the council considers appropriate.\n(sec.85-ssec.4) Until the period mentioned in subsection (2) ends— 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 section 16 does not apply to the former spouse of the practising pharmacist in relation to holding a material interest in the business.\n- (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\n- (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.\n- (a) for the period starting on the day the licence is cancelled and ending 1 year after that day; or\n- (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.\n- (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\n- (b) section 16 does not apply to the former spouse of the practising pharmacist in relation to holding a material interest in the business.","sortOrder":99},{"sectionNumber":"sec.86","sectionType":"section","heading":"Demutualisation of licence holder","content":"### sec.86 Demutualisation of licence holder\n\nThis section applies if the council cancels a pharmacy business licence on the ground mentioned in section 66 (1) (b) because—\nthe holder of the licence is a corporation whose constitution is modified; and\nthe demutualisation provisions apply to the modification.\nThe 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.\nSee section 88 in relation to requirements about carrying on the pharmacy business.\nSections 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.\nIn this section—\ndemutualisation provisions means the Corporations Act , schedule 4 , part 5 .\n(sec.86-ssec.1) This section applies if the council cancels a pharmacy business licence on the ground mentioned in section 66 (1) (b) because— the holder of the licence is a corporation whose constitution is modified; and the demutualisation provisions apply to the modification.\n(sec.86-ssec.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. See section 88 in relation to requirements about carrying on the pharmacy business.\n(sec.86-ssec.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.\n(sec.86-ssec.4) In this section— demutualisation provisions means the Corporations Act , schedule 4 , part 5 .\n- (a) the holder of the licence is a corporation whose constitution is modified; and\n- (b) the demutualisation provisions apply to the modification.","sortOrder":100},{"sectionNumber":"sec.87","sectionType":"section","heading":"Licence holder being insolvent etc.","content":"### sec.87 Licence holder being insolvent etc.\n\nThis section applies if—\nthe 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\nthe property of the previous holder of the licence vests in, or comes under the control of, a trustee, liquidator, receiver or administrator.\nSections 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.\nSubsections (4) to (9) apply if the property of the previous holder of the pharmacy business licence vests in an administrator.\nThe administrator may continue to carry on the pharmacy business to which the licence relates for a period, or periods, approved by the council.\nSee section 88 in relation to requirements about carrying on the pharmacy business.\nIn deciding whether to grant an approval under subsection (4) , the council must have regard to the decision criteria.\nEach period approved by the council under subsection (4) must not be more than 3 months.\nThe total of all periods approved by the council under subsection (4) must not be more than 1 year.\nThe council may grant an approval under subsection (4) on conditions the council considers appropriate.\nSections 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.\n(sec.87-ssec.1) This section applies if— 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 the property of the previous holder of the licence vests in, or comes under the control of, a trustee, liquidator, receiver or administrator.\n(sec.87-ssec.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.\n(sec.87-ssec.3) Subsections (4) to (9) apply if the property of the previous holder of the pharmacy business licence vests in an administrator.\n(sec.87-ssec.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. See section 88 in relation to requirements about carrying on the pharmacy business.\n(sec.87-ssec.5) In deciding whether to grant an approval under subsection (4) , the council must have regard to the decision criteria.\n(sec.87-ssec.6) Each period approved by the council under subsection (4) must not be more than 3 months.\n(sec.87-ssec.7) The total of all periods approved by the council under subsection (4) must not be more than 1 year.\n(sec.87-ssec.8) The council may grant an approval under subsection (4) on conditions the council considers appropriate.\n(sec.87-ssec.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.\n- (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\n- (b) the property of the previous holder of the licence vests in, or comes under the control of, a trustee, liquidator, receiver or administrator.","sortOrder":101},{"sectionNumber":"sec.88","sectionType":"section","heading":"Requirements for temporary operators of pharmacy businesses","content":"### sec.88 Requirements for temporary operators of pharmacy businesses\n\nThis 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.\nThe 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.\nMaximum penalty—200 penalty units.\nFor subsection (2) , the temporary operator carries on the pharmacy business at or from the premises if the pharmacy services the business provides are provided—\nentirely at the premises; or\nmainly at the premises and also partly at another place, as long as the pharmacy services provided at the other place—\ndo not involve the compounding or dispensing of a medicine, or the selling of a medicine other than on prescription, at the place; and\nare provided under the direction or control of a practising pharmacist employed or otherwise engaged by the operator.\nadministering vaccinations in a way, and at a place, authorised under the Medicines and Poisons Act 2019\nconducting a medication review at an aged-care facility\nproviding health-related information at a community event\nThe 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—\na period, or periods totalling, not more than 1 hour in a day; or\nanother period or periods approved by the council.\nMaximum penalty—50 penalty units.\nThe temporary operator must, unless the operator has a reasonable excuse, give the council notice of the name of each practising pharmacist—\nunder whose direction or control pharmacy services are to be provided under subsection (3) (b) (ii) ; or\nwho is to be personally present at the premises at a time the pharmacy business is open under subsection (4) .\nThe 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.\nMaximum penalty—50 penalty units.\nIn 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.\nA temporary operator who carries on a pharmacy business for a period approved by the council under this part must comply with—\nany condition stated in the approval; and\na condition of the pharmacy business licence for the business, to the extent—\nthe condition relates to the carrying on of the business; and\nthe condition is not inconsistent with a condition mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nA condition of the pharmacy business licence is taken to continue in effect to the extent necessary for subsection (8) (b) .\ns 88 amd 2025 No. 21 s 19\n(sec.88-ssec.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.\n(sec.88-ssec.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.\n(sec.88-ssec.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— entirely at the premises; or mainly at the premises and also partly at another place, as long as the pharmacy services provided at the other place— do not involve the compounding or dispensing of a medicine, or the selling of a medicine other than on prescription, at the place; and are provided under the direction or control of a practising pharmacist employed or otherwise engaged by the operator. 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\n(sec.88-ssec.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 period, or periods totalling, not more than 1 hour in a day; or another period or periods approved by the council. Maximum penalty—50 penalty units.\n(sec.88-ssec.5) The temporary operator must, unless the operator has a reasonable excuse, give the council notice of the name of each practising pharmacist— under whose direction or control pharmacy services are to be provided under subsection (3) (b) (ii) ; or who is to be personally present at the premises at a time the pharmacy business is open under subsection (4) .\n(sec.88-ssec.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.\n(sec.88-ssec.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.\n(sec.88-ssec.8) A temporary operator who carries on a pharmacy business for a period approved by the council under this part must comply with— any condition stated in the approval; and a condition of the pharmacy business licence for the business, to the extent— the condition relates to the carrying on of the business; and the condition is not inconsistent with a condition mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.88-ssec.9) A condition of the pharmacy business licence is taken to continue in effect to the extent necessary for subsection (8) (b) .\n- (a) entirely at the premises; or\n- (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\n- (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\n- (ii) are provided under the direction or control of a practising pharmacist employed or otherwise engaged by the operator.\n- • administering vaccinations in a way, and at a place, authorised under the Medicines and Poisons Act 2019\n- • conducting a medication review at an aged-care facility\n- • providing health-related information at a community event\n- (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\n- (ii) are provided under the direction or control of a practising pharmacist employed or otherwise engaged by the operator.\n- • administering vaccinations in a way, and at a place, authorised under the Medicines and Poisons Act 2019\n- • conducting a medication review at an aged-care facility\n- • providing health-related information at a community event\n- (a) a period, or periods totalling, not more than 1 hour in a day; or\n- (b) another period or periods approved by the council.\n- (a) under whose direction or control pharmacy services are to be provided under subsection (3) (b) (ii) ; or\n- (b) who is to be personally present at the premises at a time the pharmacy business is open under subsection (4) .\n- (a) any condition stated in the approval; and\n- (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) .\n- (i) the condition relates to the carrying on of the business; and\n- (ii) the condition is not inconsistent with a condition mentioned in paragraph (a) .\n- (i) the condition relates to the carrying on of the business; and\n- (ii) the condition is not inconsistent with a condition mentioned in paragraph (a) .","sortOrder":102},{"sectionNumber":"pt.8","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":103},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":104},{"sectionNumber":"sec.89","sectionType":"section","heading":"Definitions for part","content":"### sec.89 Definitions for part\n\nIn this part—\ndisposal order see section 129 (2) .\noccupier , of a place, includes the following—\nif there is more than 1 person who apparently occupies the place—any 1 of the persons;\nany person at the place who is apparently acting with the authority of a person who apparently occupies the place;\nif no-one apparently occupies the place—any person who is an owner of the place.\nof , a place, includes at or on the place.\noffence 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.\nowner , 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.\nperson 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.\nplace includes the following—\npremises;\nvacant land;\na place in Queensland waters;\na place held under more than 1 title or by more than 1 owner;\nthe land or water on or in which a building or other structure, or a group of buildings or other structures, is situated.\npublic place means a place, or part of a place—\nthat 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; or\na beach, a park, a road\nthe occupier of which allows, whether or not on payment of money, members of the public to enter.\na saleyard, a showground\n- (a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;\n- (b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;\n- (c) if no-one apparently occupies the place—any person who is an owner of the place.\n- (a) premises;\n- (b) vacant land;\n- (c) a place in Queensland waters;\n- (d) a place held under more than 1 title or by more than 1 owner;\n- (e) the land or water on or in which a building or other structure, or a group of buildings or other structures, is situated.\n- (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; or Examples of a place that may be a public place under paragraph (a) — a beach, a park, a road\n- (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","sortOrder":105},{"sectionNumber":"sec.90","sectionType":"section","heading":"References to exercise of powers","content":"### sec.90 References to exercise of powers\n\nA 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.","sortOrder":106},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"General provisions about inspectors","content":"## General provisions about inspectors","sortOrder":107},{"sectionNumber":"sec.91","sectionType":"section","heading":"Inspectors under part","content":"### sec.91 Inspectors under part\n\nThis part includes provision for the appointment of inspectors, and gives inspectors particular powers.","sortOrder":108},{"sectionNumber":"sec.92","sectionType":"section","heading":"Functions of inspectors","content":"### sec.92 Functions of inspectors\n\nAn inspector has the following functions—\nto investigate, monitor and enforce compliance with this Act;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\nto facilitate the exercise of powers under this Act.\n- (a) to investigate, monitor and enforce compliance with this Act;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\n- (c) to facilitate the exercise of powers under this Act.","sortOrder":109},{"sectionNumber":"sec.93","sectionType":"section","heading":"Appointment","content":"### sec.93 Appointment\n\nThe council may, by instrument in writing, appoint any of the following persons as an inspector—\na member of the council’s staff;\na contractor of the council;\na health service employee;\na public sector employee;\nanother person of a class prescribed by regulation.\nHowever, the council may appoint a person as an inspector only if satisfied the person is appropriately qualified.\n(sec.93-ssec.1) The council may, by instrument in writing, appoint any of the following persons as an inspector— a member of the council’s staff; a contractor of the council; a health service employee; a public sector employee; another person of a class prescribed by regulation.\n(sec.93-ssec.2) However, the council may appoint a person as an inspector only if satisfied the person is appropriately qualified.\n- (a) a member of the council’s staff;\n- (b) a contractor of the council;\n- (c) a health service employee;\n- (d) a public sector employee;\n- (e) another person of a class prescribed by regulation.","sortOrder":110},{"sectionNumber":"sec.94","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.94 Appointment conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, signed notice or regulation may limit the inspector’s powers.\nIn this section—\nsigned notice means a notice signed by the council.\n(sec.94-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.94-ssec.2) The instrument of appointment, signed notice or regulation may limit the inspector’s powers.\n(sec.94-ssec.3) In this section— signed notice means a notice signed by the council.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.","sortOrder":111},{"sectionNumber":"sec.95","sectionType":"section","heading":"Accountability of inspectors","content":"### sec.95 Accountability of inspectors\n\nAn 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.\nThe 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.\nFailure 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 .\n(sec.95-ssec.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.\n(sec.95-ssec.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. 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 .","sortOrder":112},{"sectionNumber":"sec.96","sectionType":"section","heading":"Suspension and ending of appointment of inspectors","content":"### sec.96 Suspension and ending of appointment of inspectors\n\nThe office of a person as an inspector ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe inspector’s resignation under section 97 takes effect.\nThe council may suspend or end the appointment of an inspector.\nSubsections (1) and (2) do not limit the ways the office of a person as an inspector ends.\nIn this section—\ncondition of office means a condition under which the inspector holds office.\n(sec.96-ssec.1) The office of a person as an inspector ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the inspector’s resignation under section 97 takes effect.\n(sec.96-ssec.2) The council may suspend or end the appointment of an inspector.\n(sec.96-ssec.3) Subsections (1) and (2) do not limit the ways the office of a person as an inspector ends.\n(sec.96-ssec.4) In this section— condition of office means a condition under which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the inspector’s resignation under section 97 takes effect.","sortOrder":113},{"sectionNumber":"sec.97","sectionType":"section","heading":"Resignation","content":"### sec.97 Resignation\n\nAn inspector may resign by signed notice given to the council.","sortOrder":114},{"sectionNumber":"sec.98","sectionType":"section","heading":"Issue of identity card","content":"### sec.98 Issue of identity card\n\nThe council must issue an identity card to each inspector.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\n(sec.98-ssec.1) The council must issue an identity card to each inspector.\n(sec.98-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":115},{"sectionNumber":"sec.99","sectionType":"section","heading":"Production or display of identity card","content":"### sec.99 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an inspector must—\nproduce the inspector’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, 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.\nFor 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) .\n(sec.99-ssec.1) In exercising a power in relation to a person in the person’s presence, an inspector must— produce the inspector’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.99-ssec.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.\n(sec.99-ssec.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) .\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":116},{"sectionNumber":"sec.100","sectionType":"section","heading":"Return of identity card","content":"### sec.100 Return of identity card\n\nIf 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.\nMaximum penalty—10 penalty units.","sortOrder":117},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Entry of places by inspectors","content":"## Entry of places by inspectors","sortOrder":118},{"sectionNumber":"sec.101","sectionType":"section","heading":"General power to enter places","content":"### sec.101 General power to enter places\n\nAn inspector may enter a place if—\nan occupier of the place consents under subdivision 2 to the entry and section 104 has been complied with for the occupier; or\nthe place is a public place and the entry is made when the place is open to the public; or\nthe 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\nthe place is the licensed premises for a licensed pharmacy business and is—\nopen for carrying on the business; or\notherwise open for entry.\nIf 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.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.101-ssec.1) An inspector may enter a place if— an occupier of the place consents under subdivision 2 to the entry and section 104 has been complied with for the occupier; or the place is a public place and the entry is made when the place is open to the public; or 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 the place is the licensed premises for a licensed pharmacy business and is— open for carrying on the business; or otherwise open for entry.\n(sec.101-ssec.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.\n(sec.101-ssec.3) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n- (a) an occupier of the place consents under subdivision 2 to the entry and section 104 has been complied with for the occupier; or\n- (b) the place is a public place and the entry is made when the place is open to the public; or\n- (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\n- (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.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.","sortOrder":119},{"sectionNumber":"sec.102","sectionType":"section","heading":"Application of subdivision","content":"### sec.102 Application of subdivision\n\nThis 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) .","sortOrder":120},{"sectionNumber":"sec.103","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.103 Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an inspector may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter 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.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (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.","sortOrder":121},{"sectionNumber":"sec.104","sectionType":"section","heading":"Matters inspector must tell occupier","content":"### sec.104 Matters inspector must tell occupier\n\nBefore asking for the consent, the inspector must—\nexplain to the occupier the purpose of the entry, including the powers intended to be exercised; and\ntell the occupier that—\nthe occupier is not required to consent; and\nthe consent may be given subject to conditions and may be withdrawn at any time.\n- (a) explain to the occupier the purpose of the entry, including the powers intended to be exercised; and\n- (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.\n- (i) the occupier is not required to consent; and\n- (ii) the consent may be given subject to conditions and may be withdrawn at any time.\n- (i) the occupier is not required to consent; and\n- (ii) the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":122},{"sectionNumber":"sec.105","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.105 Consent acknowledgement\n\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthat the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier has been told—\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthat the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and\nthe day and time the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\na signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.105-ssec.1) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\n(sec.105-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and that the occupier has been told— that the occupier is not required to consent; and that the consent may be given subject to conditions and may be withdrawn at any time; and that the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and the day and time the consent was given; and any conditions of the consent.\n(sec.105-ssec.3) If the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.\n(sec.105-ssec.4) If— an issue arises in a proceeding about whether the occupier consented to the entry; and 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.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and\n- (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\n- (i) that the occupier is not required to consent; and\n- (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (d) that the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and\n- (e) the day and time the consent was given; and\n- (f) any conditions of the consent.\n- (i) that the occupier is not required to consent; and\n- (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":123},{"sectionNumber":"sec.106","sectionType":"section","heading":"Application for warrant","content":"### sec.106 Application for warrant\n\nAn inspector may apply to a magistrate for a warrant for a place.\nThe inspector must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.106-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.106-ssec.2) The inspector must prepare a written application that states the grounds on which the warrant is sought.\n(sec.106-ssec.3) The written application must be sworn.\n(sec.106-ssec.4) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":124},{"sectionNumber":"sec.107","sectionType":"section","heading":"Issue of warrant","content":"### sec.107 Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated inspector or any inspector may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the inspector’s powers; and\nparticulars of the offence that the magistrate considers appropriate; and\nthe name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.107-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\n(sec.107-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated inspector or any inspector may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the inspector’s powers; and particulars of the offence that the magistrate considers appropriate; and the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) the place to which the warrant applies; and\n- (b) that a stated inspector or any inspector may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the inspector’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the inspector’s powers; and\n- (c) particulars of the offence that the magistrate considers appropriate; and\n- (d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the magistrate’s name; and\n- (h) the day and time of the warrant’s issue; and\n- (i) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the inspector’s powers; and","sortOrder":125},{"sectionNumber":"sec.108","sectionType":"section","heading":"Electronic application","content":"### sec.108 Electronic application\n\nAn application under section 106 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nThe application—\nmay not be made before the inspector prepares the written application under section 106 (2) ; but\nmay be made before the written application is sworn.\n(sec.108-ssec.1) An application under section 106 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.108-ssec.2) The application— may not be made before the inspector prepares the written application under section 106 (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) may not be made before the inspector prepares the written application under section 106 (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":126},{"sectionNumber":"sec.109","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.109 Additional procedure if electronic application\n\nFor an application made under section 108 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 108 ; and\nthe way the application was made under section 108 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or\notherwise—\nthe magistrate must tell the inspector the information required to be stated in the warrant under section 107 (2) ; and\nthe inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 106 (2) and (3) ; and\nif the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 106 .\n(sec.109-ssec.1) For an application made under section 108 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 108 ; and the way the application was made under section 108 was appropriate.\n(sec.109-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or otherwise— the magistrate must tell the inspector the information required to be stated in the warrant under section 107 (2) ; and the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n(sec.109-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.109-ssec.4) The inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 106 (2) and (3) ; and if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n(sec.109-ssec.5) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.109-ssec.6) This section does not limit section 106 .\n- (a) it was necessary to make the application under section 108 ; and\n- (b) the way the application was made under section 108 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or\n- (b) otherwise— (i) the magistrate must tell the inspector the information required to be stated in the warrant under section 107 (2) ; and (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n- (i) the magistrate must tell the inspector the information required to be stated in the warrant under section 107 (2) ; and\n- (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n- (i) the magistrate must tell the inspector the information required to be stated in the warrant under section 107 (2) ; and\n- (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n- (a) the written application complying with section 106 (2) and (3) ; and\n- (b) if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":127},{"sectionNumber":"sec.110","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.110 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in the warrant or compliance with this subdivision, unless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 109 (3) .\n(sec.110-ssec.1) A warrant is not invalidated by a defect in the warrant or compliance with this subdivision, unless the defect affects the substance of the warrant in a material particular.\n(sec.110-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 109 (3) .","sortOrder":128},{"sectionNumber":"sec.111","sectionType":"section","heading":"Entry procedure","content":"### sec.111 Entry procedure\n\nThis section applies if an inspector is intending to enter a place under a warrant issued under this division.\nBefore entering the place, the inspector must do or make a reasonable attempt to do the following things—\nidentify themself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment;\ngive the person a copy of the warrant;\ntell the person the inspector is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the inspector immediate entry to the place without using force.\nHowever, the inspector need not comply with subsection (2) if the inspector reasonably believes that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 109 (3) .\n(sec.111-ssec.1) This section applies if an inspector is intending to enter a place under a warrant issued under this division.\n(sec.111-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— identify themself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment; give the person a copy of the warrant; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force.\n(sec.111-ssec.3) However, the inspector need not comply with subsection (2) if the inspector reasonably believes that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\n(sec.111-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 109 (3) .\n- (a) identify themself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the inspector is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.","sortOrder":129},{"sectionNumber":"sec.112","sectionType":"section","heading":"Application of subdivision","content":"### sec.112 Application of subdivision\n\nThe powers under this subdivision may be exercised if an inspector enters a place under section 101 (1) (a) , (c) or (d) .\nHowever, if the inspector enters under section 101 (1) (a) or (c) , the powers under this subdivision are subject to any conditions of the consent or terms of the warrant.\n(sec.112-ssec.1) The powers under this subdivision may be exercised if an inspector enters a place under section 101 (1) (a) , (c) or (d) .\n(sec.112-ssec.2) However, if the inspector enters under section 101 (1) (a) or (c) , the powers under this subdivision are subject to any conditions of the consent or terms of the warrant.","sortOrder":130},{"sectionNumber":"sec.113","sectionType":"section","heading":"General powers","content":"### sec.113 General powers\n\nThe inspector may do any of the following—\nsearch any part of the place or a vehicle at the place;\ninspect, examine or film any part of the place or any vehicle or other thing at the place;\ntake for examination a thing, or a sample of or from a thing, at the place or in a vehicle at the place;\nplace an identifying mark in or on any vehicle or other thing at the place;\ntake an extract from, or copy, a document at the place or in a vehicle at the place, or take the document to another place to copy;\nreproduce sounds, images or writings at the place from an electronic document or, to the extent it is not practicable, take either or both of the following to another place to reproduce sounds, images or writings from an electronic document—\na thing that is or contains an electronic document;\na thing that can be used to reproduce sounds, images or writings from an electronic document;\ntake to, into or onto the place and use any person, equipment and materials the inspector requires for exercising the inspector’s powers under this part;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe inspector may do anything necessary to exercise a power under subsection (1) .\nIf the inspector takes a document from the place or vehicle to copy it, the inspector must copy the document and return it to the place or vehicle as soon as practicable.\nIf the inspector takes from the place a thing to produce an image or writing from an electronic document, the inspector must produce the image or writing from the document and return the thing to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account for, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\n(sec.113-ssec.1) The inspector may do any of the following— search any part of the place or a vehicle at the place; inspect, examine or film any part of the place or any vehicle or other thing at the place; take for examination a thing, or a sample of or from a thing, at the place or in a vehicle at the place; place an identifying mark in or on any vehicle or other thing at the place; take an extract from, or copy, a document at the place or in a vehicle at the place, or take the document to another place to copy; reproduce sounds, images or writings at the place from an electronic document or, to the extent it is not practicable, take either or both of the following to another place to reproduce sounds, images or writings from an electronic document— a thing that is or contains an electronic document; a thing that can be used to reproduce sounds, images or writings from an electronic document; take to, into or onto the place and use any person, equipment and materials the inspector requires for exercising the inspector’s powers under this part; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.113-ssec.2) The inspector may do anything necessary to exercise a power under subsection (1) .\n(sec.113-ssec.3) If the inspector takes a document from the place or vehicle to copy it, the inspector must copy the document and return it to the place or vehicle as soon as practicable.\n(sec.113-ssec.4) If the inspector takes from the place a thing to produce an image or writing from an electronic document, the inspector must produce the image or writing from the document and return the thing to the place as soon as practicable.\n(sec.113-ssec.5) In this section— examine includes analyse, test, account for, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place or a vehicle at the place;\n- (b) inspect, examine or film any part of the place or any vehicle or other thing at the place;\n- (c) take for examination a thing, or a sample of or from a thing, at the place or in a vehicle at the place;\n- (d) place an identifying mark in or on any vehicle or other thing at the place;\n- (e) take an extract from, or copy, a document at the place or in a vehicle at the place, or take the document to another place to copy;\n- (f) reproduce sounds, images or writings at the place from an electronic document or, to the extent it is not practicable, take either or both of the following to another place to reproduce sounds, images or writings from an electronic document— (i) a thing that is or contains an electronic document; (ii) a thing that can be used to reproduce sounds, images or writings from an electronic document;\n- (i) a thing that is or contains an electronic document;\n- (ii) a thing that can be used to reproduce sounds, images or writings from an electronic document;\n- (g) take to, into or onto the place and use any person, equipment and materials the inspector requires for exercising the inspector’s powers under this part;\n- (h) remain at the place for the time necessary to achieve the purpose of the entry.\n- (i) a thing that is or contains an electronic document;\n- (ii) a thing that can be used to reproduce sounds, images or writings from an electronic document;","sortOrder":131},{"sectionNumber":"sec.114","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.114 Power to require reasonable help\n\nThe inspector may require an occupier of the place or a person at the place to give the inspector reasonable help to exercise a power under section 113 (1) , including, for example, to produce a document or to give information.\nWhen making a requirement under subsection (1) , the inspector must give the person an offence warning for the requirement.\n(sec.114-ssec.1) The inspector may require an occupier of the place or a person at the place to give the inspector reasonable help to exercise a power under section 113 (1) , including, for example, to produce a document or to give information.\n(sec.114-ssec.2) When making a requirement under subsection (1) , the inspector must give the person an offence warning for the requirement.","sortOrder":132},{"sectionNumber":"sec.115","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.115 Offence to contravene help requirement\n\nA person of whom a requirement is made under section 114 (1) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a requirement under section 114 (1) if complying might tend to incriminate the individual or expose the individual to a penalty.\nHowever, subsection (2) does not apply if a document or information the subject of the requirement under section 114 (1) is required to be held or kept by the individual under this Act.\nSee, however, section 142 .\n(sec.115-ssec.1) A person of whom a requirement is made under section 114 (1) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.115-ssec.2) It is a reasonable excuse for an individual not to comply with a requirement under section 114 (1) if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.115-ssec.3) However, subsection (2) does not apply if a document or information the subject of the requirement under section 114 (1) is required to be held or kept by the individual under this Act. See, however, section 142 .","sortOrder":133},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Seizure by inspectors and forfeiture","content":"## Seizure by inspectors and forfeiture","sortOrder":134},{"sectionNumber":"sec.116","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.116 Seizing evidence at a place that may be entered without consent or warrant\n\nAn inspector who enters a place the inspector may enter under this part without the consent of an occupier of the place and without a warrant may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act.","sortOrder":135},{"sectionNumber":"sec.117","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with consent or warrant","content":"### sec.117 Seizing evidence at a place that may be entered only with consent or warrant\n\nThis section applies if—\nan inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\nthe inspector enters the place after obtaining the consent or under a warrant.\nIf the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place only if—\nthe inspector reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the inspector enters the place under a warrant, the inspector may seize the evidence for which the warrant was issued.\nThe inspector may also seize anything else at the place if the inspector reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\nThe inspector may also seize a thing at the place if the inspector reasonably believes the thing has just been used in committing an offence against this Act.\n(sec.117-ssec.1) This section applies if— an inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the inspector enters the place after obtaining the consent or under a warrant.\n(sec.117-ssec.2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place only if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.117-ssec.3) If the inspector enters the place under a warrant, the inspector may seize the evidence for which the warrant was issued.\n(sec.117-ssec.4) The inspector may also seize anything else at the place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n(sec.117-ssec.5) The inspector may also seize a thing at the place if the inspector reasonably believes the thing has just been used in committing an offence against this Act.\n- (a) an inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\n- (b) the inspector enters the place after obtaining the consent or under a warrant.\n- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.","sortOrder":136},{"sectionNumber":"sec.118","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.118 Seizure of property subject to security\n\nAn inspector may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the inspector or a person acting under the direction or authority of the inspector.\n(sec.118-ssec.1) An inspector may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\n(sec.118-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the inspector or a person acting under the direction or authority of the inspector.","sortOrder":137},{"sectionNumber":"sec.119","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.119 Power to secure seized thing\n\nHaving seized a thing under this division, an inspector may—\nleave the thing at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\nmove the thing from the place of seizure.\nFor subsection (1) (a) , the inspector may, for example—\nseal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\nfor equipment—make it inoperable; or\nmake the equipment inoperable by dismantling it or removing a component without which the equipment can not be used\nrequire a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .\n(sec.119-ssec.1) Having seized a thing under this division, an inspector may— leave the thing at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move the thing from the place of seizure.\n(sec.119-ssec.2) For subsection (1) (a) , the inspector may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable; or make the equipment inoperable by dismantling it or removing a component without which the equipment can not be used require a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .\n- (a) leave the thing at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (b) move the thing from the place of seizure.\n- (a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) for equipment—make it inoperable; or Example— make the equipment inoperable by dismantling it or removing a component without which the equipment can not be used\n- (c) require a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .","sortOrder":138},{"sectionNumber":"sec.120","sectionType":"section","heading":"Offence to contravene seizure requirement","content":"### sec.120 Offence to contravene seizure requirement\n\nA person must comply with a requirement made of the person under section 119 (2) (c) unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":139},{"sectionNumber":"sec.121","sectionType":"section","heading":"Offence to interfere","content":"### sec.121 Offence to interfere\n\nIf access to a seized thing is restricted under section 119 , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan inspector’s approval; or\na reasonable excuse.\nMaximum penalty—50 penalty units.\nIf access to a place is restricted under section 119 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan inspector’s approval; or\na reasonable excuse.\nMaximum penalty—50 penalty units.\n(sec.121-ssec.1) If access to a seized thing is restricted under section 119 , a person must not tamper with the thing or with anything used to restrict access to the thing without— an inspector’s approval; or a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.121-ssec.2) If access to a place is restricted under section 119 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an inspector’s approval; or a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) an inspector’s approval; or\n- (b) a reasonable excuse.\n- (a) an inspector’s approval; or\n- (b) a reasonable excuse.","sortOrder":140},{"sectionNumber":"sec.122","sectionType":"section","heading":"Receipt and information notice for seized thing","content":"### sec.122 Receipt and information notice for seized thing\n\nThis section applies if an inspector seizes anything under this division unless—\nthe inspector reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or\nbecause of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\nThe inspector must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—\na receipt for the thing that generally describes the thing and its condition; and\nan information notice about the decision to seize the thing.\nHowever, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place in which the thing is seized.\nThe receipt and information notice may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe inspector may delay giving the receipt and information notice if the inspector reasonably suspects giving them may frustrate or otherwise hinder an investigation by the inspector under this part.\nHowever, the delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep the thing under observation.\n(sec.122-ssec.1) This section applies if an inspector seizes anything under this division unless— the inspector reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\n(sec.122-ssec.2) The inspector must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice about the decision to seize the thing.\n(sec.122-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place in which the thing is seized.\n(sec.122-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.\n(sec.122-ssec.5) The inspector may delay giving the receipt and information notice if the inspector reasonably suspects giving them may frustrate or otherwise hinder an investigation by the inspector under this part.\n(sec.122-ssec.6) However, the delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep the thing under observation.\n- (a) the inspector reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or\n- (b) because of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\n- (a) a receipt for the thing that generally describes the thing and its condition; and\n- (b) an information notice about the decision to seize the thing.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":141},{"sectionNumber":"sec.123","sectionType":"section","heading":"Access to seized thing","content":"### sec.123 Access to seized thing\n\nUntil a seized thing is forfeited or returned, the inspector who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\n(sec.123-ssec.1) Until a seized thing is forfeited or returned, the inspector who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.123-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.123-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":142},{"sectionNumber":"sec.124","sectionType":"section","heading":"Return of seized thing","content":"### sec.124 Return of seized thing\n\nThis section applies if a seized thing is not—\nforfeited or transferred under subdivision 4 or 5 ; or\nsubject to a disposal order under division 5 .\nAs soon as the council stops being satisfied there are reasonable grounds for retaining the thing, the council must return the thing to its owner.\nIf the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the council for its return.\nWithin 30 days after receiving the application, the council must—\nif the council is satisfied there are reasonable grounds for retaining the thing and decides to retain the thing—give the owner notice of the decision, including the grounds for retaining the thing; or\notherwise—return the thing to the owner.\nFor this section, there are reasonable grounds for retaining a seized thing if—\nthe thing is being, or is likely to be, examined; or\nthe thing is needed, or may be needed, for the purposes of—\na proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\nan appeal from a decision in a proceeding for an offence against this Act; or\nit is not lawful for the owner to possess the thing.\nSubsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\nNothing in this section affects a lien or other security over the seized thing.\nIn this section—\nexamine includes analyse, test, account for, measure, weigh, grade, gauge and identify.\n(sec.124-ssec.1) This section applies if a seized thing is not— forfeited or transferred under subdivision 4 or 5 ; or subject to a disposal order under division 5 .\n(sec.124-ssec.2) As soon as the council stops being satisfied there are reasonable grounds for retaining the thing, the council must return the thing to its owner.\n(sec.124-ssec.3) If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the council for its return.\n(sec.124-ssec.4) Within 30 days after receiving the application, the council must— if the council is satisfied there are reasonable grounds for retaining the thing and decides to retain the thing—give the owner notice of the decision, including the grounds for retaining the thing; or otherwise—return the thing to the owner.\n(sec.124-ssec.5) For this section, there are reasonable grounds for retaining a seized thing if— the thing is being, or is likely to be, examined; or the thing is needed, or may be needed, for the purposes of— a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or an appeal from a decision in a proceeding for an offence against this Act; or it is not lawful for the owner to possess the thing.\n(sec.124-ssec.6) Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\n(sec.124-ssec.7) Nothing in this section affects a lien or other security over the seized thing.\n(sec.124-ssec.8) In this section— examine includes analyse, test, account for, measure, weigh, grade, gauge and identify.\n- (a) forfeited or transferred under subdivision 4 or 5 ; or\n- (b) subject to a disposal order under division 5 .\n- (a) if the council is satisfied there are reasonable grounds for retaining the thing and decides to retain the thing—give the owner notice of the decision, including the grounds for retaining the thing; or\n- (b) otherwise—return the thing to the owner.\n- (a) the thing is being, or is likely to be, examined; or\n- (b) the thing is needed, or may be needed, for the purposes of— (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or (ii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (c) it is not lawful for the owner to possess the thing.\n- (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against this Act; or","sortOrder":143},{"sectionNumber":"sec.125","sectionType":"section","heading":"Forfeiture by council decision","content":"### sec.125 Forfeiture by council decision\n\nThe council may decide a seized thing is forfeited to the State if an inspector—\nafter making reasonable inquiries, can not find an owner; or\nafter making reasonable efforts, can not return the thing to an owner; or\nreasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\nHowever, the inspector is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nThe owner of the thing has migrated to another country.\nRegard must be had to the thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.125-ssec.1) The council may decide a seized thing is forfeited to the State if an inspector— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return the thing to an owner; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n(sec.125-ssec.2) However, the inspector is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. The owner of the thing has migrated to another country.\n(sec.125-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) after making reasonable inquiries, can not find an owner; or\n- (b) after making reasonable efforts, can not return the thing to an owner; or\n- (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — The owner of the thing has migrated to another country.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":144},{"sectionNumber":"sec.126","sectionType":"section","heading":"Information notice about forfeiture decision","content":"### sec.126 Information notice about forfeiture decision\n\nIf the council decides under section 125 (1) that a thing is forfeited, the council must as soon as practicable give a person who owned the thing immediately before the forfeiture an information notice about the decision.\nIf the decision was made under section 125 (1) (a) or (b) , the information notice may be given by leaving the notice at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\nThe information notice must state that the person may apply for a stay of the decision if the person appeals against the decision.\nHowever, subsections (1) to (3) do not apply if—\nthe decision was made under section 125 (1) (a) or (b) ; and\nthe place where the thing was seized is—\na public place; or\na place where the notice is unlikely to be read by the person.\n(sec.126-ssec.1) If the council decides under section 125 (1) that a thing is forfeited, the council must as soon as practicable give a person who owned the thing immediately before the forfeiture an information notice about the decision.\n(sec.126-ssec.2) If the decision was made under section 125 (1) (a) or (b) , the information notice may be given by leaving the notice at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\n(sec.126-ssec.3) The information notice must state that the person may apply for a stay of the decision if the person appeals against the decision.\n(sec.126-ssec.4) However, subsections (1) to (3) do not apply if— the decision was made under section 125 (1) (a) or (b) ; and the place where the thing was seized is— a public place; or a place where the notice is unlikely to be read by the person.\n- (a) the decision was made under section 125 (1) (a) or (b) ; and\n- (b) the place where the thing was seized is— (i) a public place; or (ii) a place where the notice is unlikely to be read by the person.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the person.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the person.","sortOrder":145},{"sectionNumber":"sec.127","sectionType":"section","heading":"When thing becomes property of the State","content":"### sec.127 When thing becomes property of the State\n\nA thing becomes the property of the State if—\nthe thing is forfeited to the State under section 125 (1) ; or\nthe owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.\n- (a) the thing is forfeited to the State under section 125 (1) ; or\n- (b) the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.","sortOrder":146},{"sectionNumber":"sec.128","sectionType":"section","heading":"How property may be dealt with","content":"### sec.128 How property may be dealt with\n\nThis section applies if, under section 127 , a thing becomes the property of the State.\nThe council may deal with the thing as the council considers appropriate, including, for example, by destroying the thing or giving it away.\nThe council must not deal with the thing in a way that could prejudice the outcome of an appeal against the decision to forfeit the thing under this division.\nIf the council sells the thing, the council must, after deducting the costs of the sale, make reasonable efforts to return the proceeds of the sale to the person who owned the thing immediately before the thing became the property of the State.\nThis section is subject to any disposal order made for the thing.\ns 128 amd 2025 No. 21 s 20\n(sec.128-ssec.1) This section applies if, under section 127 , a thing becomes the property of the State.\n(sec.128-ssec.2) The council may deal with the thing as the council considers appropriate, including, for example, by destroying the thing or giving it away.\n(sec.128-ssec.3) The council must not deal with the thing in a way that could prejudice the outcome of an appeal against the decision to forfeit the thing under this division.\n(sec.128-ssec.4) If the council sells the thing, the council must, after deducting the costs of the sale, make reasonable efforts to return the proceeds of the sale to the person who owned the thing immediately before the thing became the property of the State.\n(sec.128-ssec.5) This section is subject to any disposal order made for the thing.","sortOrder":147},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Disposal orders","content":"## Disposal orders","sortOrder":148},{"sectionNumber":"sec.129","sectionType":"section","heading":"Disposal order","content":"### sec.129 Disposal order\n\nThis section applies if a person is convicted of an offence against this Act.\nThe court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—\nanything that was the subject of, or used to commit, the offence;\nanother thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\nThe court may make a disposal order for a thing—\nwhether or not the thing has been seized under this part; and\nif the thing has been seized—whether or not the thing has been returned to the person who owned the thing immediately before the seizure.\nIn deciding whether to make a disposal order for a thing, the court—\nmay require notice to be given to any person the court considers appropriate, including, for example, a person who may have any property in the thing; and\nmust hear any submissions that a person claiming to have any property in the thing may wish to make.\nThe court may make any order it considers appropriate to enforce the disposal order.\nThis section does not limit the court’s powers under another law.\n(sec.129-ssec.1) This section applies if a person is convicted of an offence against this Act.\n(sec.129-ssec.2) The court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person— anything that was the subject of, or used to commit, the offence; another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\n(sec.129-ssec.3) The court may make a disposal order for a thing— whether or not the thing has been seized under this part; and if the thing has been seized—whether or not the thing has been returned to the person who owned the thing immediately before the seizure.\n(sec.129-ssec.4) In deciding whether to make a disposal order for a thing, the court— may require notice to be given to any person the court considers appropriate, including, for example, a person who may have any property in the thing; and must hear any submissions that a person claiming to have any property in the thing may wish to make.\n(sec.129-ssec.5) The court may make any order it considers appropriate to enforce the disposal order.\n(sec.129-ssec.6) This section does not limit the court’s powers under another law.\n- (a) anything that was the subject of, or used to commit, the offence;\n- (b) another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\n- (a) whether or not the thing has been seized under this part; and\n- (b) if the thing has been seized—whether or not the thing has been returned to the person who owned the thing immediately before the seizure.\n- (a) may require notice to be given to any person the court considers appropriate, including, for example, a person who may have any property in the thing; and\n- (b) must hear any submissions that a person claiming to have any property in the thing may wish to make.","sortOrder":149},{"sectionNumber":"pt.8-div.6","sectionType":"division","heading":"Other information-obtaining powers of inspectors","content":"## Other information-obtaining powers of inspectors","sortOrder":150},{"sectionNumber":"sec.130","sectionType":"section","heading":"Power to require personal details","content":"### sec.130 Power to require personal details\n\nThis section applies if an inspector—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\nThe inspector may require the person to state the person’s name and residential address.\nThe inspector may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a requirement under this section, the inspector must give the person an offence warning for the requirement.\n(sec.130-ssec.1) This section applies if an inspector— finds a person committing an offence against this Act; or finds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or has information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\n(sec.130-ssec.2) The inspector may require the person to state the person’s name and residential address.\n(sec.130-ssec.3) The inspector may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.130-ssec.4) When making a requirement under this section, the inspector must give the person an offence warning for the requirement.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":151},{"sectionNumber":"sec.131","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.131 Offence to contravene personal details requirement\n\nA person of whom a requirement is made under section 130 must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement was made.\n(sec.131-ssec.1) A person of whom a requirement is made under section 130 must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.131-ssec.2) A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement was made.","sortOrder":152},{"sectionNumber":"sec.132","sectionType":"section","heading":"Power to require production of document or certification of copy","content":"### sec.132 Power to require production of document or certification of copy\n\nAn inspector may require a person to make available for inspection by an inspector, or to produce to the inspector for inspection, at a reasonable time and place nominated by the inspector—\na document—\ngranted or issued to, or required to be kept by, the person under this Act; or\na copy of which is required to be given to the council under this Act; or\nif a document mentioned in paragraph (a) , or information required to be kept by the person under this Act, is kept, stored or recorded electronically—a document that is a clear written reproduction of the document or information that is kept, stored or recorded electronically.\nThe inspector may copy the document or an entry in the document.\nIf the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe inspector must not keep the document after copying the document or an entry in the document.\nHowever, if a requirement is made of a person under subsection (3) , the inspector may keep the document until the person complies with the requirement.\n(sec.132-ssec.1) An inspector may require a person to make available for inspection by an inspector, or to produce to the inspector for inspection, at a reasonable time and place nominated by the inspector— a document— granted or issued to, or required to be kept by, the person under this Act; or a copy of which is required to be given to the council under this Act; or if a document mentioned in paragraph (a) , or information required to be kept by the person under this Act, is kept, stored or recorded electronically—a document that is a clear written reproduction of the document or information that is kept, stored or recorded electronically.\n(sec.132-ssec.2) The inspector may copy the document or an entry in the document.\n(sec.132-ssec.3) If the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.132-ssec.4) The inspector must not keep the document after copying the document or an entry in the document.\n(sec.132-ssec.5) However, if a requirement is made of a person under subsection (3) , the inspector may keep the document until the person complies with the requirement.\n- (a) a document— (i) granted or issued to, or required to be kept by, the person under this Act; or (ii) a copy of which is required to be given to the council under this Act; or\n- (i) granted or issued to, or required to be kept by, the person under this Act; or\n- (ii) a copy of which is required to be given to the council under this Act; or\n- (b) if a document mentioned in paragraph (a) , or information required to be kept by the person under this Act, is kept, stored or recorded electronically—a document that is a clear written reproduction of the document or information that is kept, stored or recorded electronically.\n- (i) granted or issued to, or required to be kept by, the person under this Act; or\n- (ii) a copy of which is required to be given to the council under this Act; or","sortOrder":153},{"sectionNumber":"sec.133","sectionType":"section","heading":"Offence to contravene production requirement","content":"### sec.133 Offence to contravene production requirement\n\nA person of whom a production requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse for a person to fail to comply with a production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nSee, however, section 142 .\nThe inspector must inform the person, in a way that is reasonable in the circumstances, that—\nthe person must comply with the production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\nif the person is an individual—there is a limited immunity under section 142 against the future use of the information or document given in compliance with the production requirement.\nIf the person fails to comply with the production requirement when the inspector has failed to comply with subsection (3) , the person may not be convicted of the offence against subsection (1) .\nIf a court convicts a person of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the production requirement.\nIn this section—\nproduction requirement means a requirement under section 132 (1) .\n(sec.133-ssec.1) A person of whom a production requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.133-ssec.2) It is not a reasonable excuse for a person to fail to comply with a production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 142 .\n(sec.133-ssec.3) The inspector must inform the person, in a way that is reasonable in the circumstances, that— the person must comply with the production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and if the person is an individual—there is a limited immunity under section 142 against the future use of the information or document given in compliance with the production requirement.\n(sec.133-ssec.4) If the person fails to comply with the production requirement when the inspector has failed to comply with subsection (3) , the person may not be convicted of the offence against subsection (1) .\n(sec.133-ssec.5) If a court convicts a person of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the production requirement.\n(sec.133-ssec.6) In this section— production requirement means a requirement under section 132 (1) .\n- (a) the person must comply with the production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\n- (b) if the person is an individual—there is a limited immunity under section 142 against the future use of the information or document given in compliance with the production requirement.","sortOrder":154},{"sectionNumber":"sec.134","sectionType":"section","heading":"Offence to contravene certification requirement","content":"### sec.134 Offence to contravene certification requirement\n\nA person of whom a certification requirement is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse for a person to fail to comply with a certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nSee, however, section 142 .\nThe inspector must inform the person, in a way that is reasonable in the circumstances, that—\nthe person must comply with the certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\nif the person is an individual—there is a limited immunity under section 142 against the future use of the information or document given in compliance with the certification requirement .\nIf the person fails to comply with the certification requirement when the inspector has failed to comply with subsection (3) , the person may not be convicted of the offence against subsection (1) .\nIn this section—\ncertification requirement means a requirement under section 132 (3) .\n(sec.134-ssec.1) A person of whom a certification requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.134-ssec.2) It is not a reasonable excuse for a person to fail to comply with a certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 142 .\n(sec.134-ssec.3) The inspector must inform the person, in a way that is reasonable in the circumstances, that— the person must comply with the certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and if the person is an individual—there is a limited immunity under section 142 against the future use of the information or document given in compliance with the certification requirement .\n(sec.134-ssec.4) If the person fails to comply with the certification requirement when the inspector has failed to comply with subsection (3) , the person may not be convicted of the offence against subsection (1) .\n(sec.134-ssec.5) In this section— certification requirement means a requirement under section 132 (3) .\n- (a) the person must comply with the certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\n- (b) if the person is an individual—there is a limited immunity under section 142 against the future use of the information or document given in compliance with the certification requirement .","sortOrder":155},{"sectionNumber":"sec.135","sectionType":"section","heading":"Power to require information","content":"### sec.135 Power to require information\n\nThis section applies if an inspector reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe inspector may, by notice given to the person, require the person to give the inspector by a stated reasonable time—\ninformation related to the offence; or\nif the information mentioned in paragraph (a) is kept, stored or recorded electronically—a clear written reproduction of the information.\nIn this section—\ninformation includes a document.\n(sec.135-ssec.1) This section applies if an inspector reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.135-ssec.2) The inspector may, by notice given to the person, require the person to give the inspector by a stated reasonable time— information related to the offence; or if the information mentioned in paragraph (a) is kept, stored or recorded electronically—a clear written reproduction of the information.\n(sec.135-ssec.3) In this section— information includes a document.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.\n- (a) information related to the offence; or\n- (b) if the information mentioned in paragraph (a) is kept, stored or recorded electronically—a clear written reproduction of the information.","sortOrder":156},{"sectionNumber":"sec.136","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.136 Offence to contravene information requirement\n\nA person of whom a requirement is made under section 135 (2) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.\n(sec.136-ssec.1) A person of whom a requirement is made under section 135 (2) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.136-ssec.2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":157},{"sectionNumber":"pt.8-div.7","sectionType":"division","heading":"Miscellaneous provisions relating to inspectors","content":"## Miscellaneous provisions relating to inspectors","sortOrder":158},{"sectionNumber":"sec.137","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.137 Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, an inspector must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 139 .","sortOrder":159},{"sectionNumber":"sec.138","sectionType":"section","heading":"Notice of damage","content":"### sec.138 Notice of damage\n\nThis section applies if—\nan inspector damages something when exercising, or purporting to exercise, a power; or\na person (the assistant ) acting under the direction or authority of an inspector damages something.\nHowever, this section does not apply to damage the inspector considers is trivial or if the inspector reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe inspector must give notice of the damage to a person who appears to the inspector to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the inspector must—\nleave the notice at the place where the damage happened; and\nensure the notice is left in a conspicuous position and in a reasonably secure way.\nThe inspector may delay complying with subsection (3) or (4) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the inspector’s functions.\nThe delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the inspector believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the inspector or the assistant, the inspector may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 139 .\n(sec.138-ssec.1) This section applies if— an inspector damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an inspector damages something.\n(sec.138-ssec.2) However, this section does not apply to damage the inspector considers is trivial or if the inspector reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.138-ssec.3) The inspector must give notice of the damage to a person who appears to the inspector to be an owner, or person in control, of the thing.\n(sec.138-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the inspector must— leave the notice at the place where the damage happened; and ensure the notice is left in a conspicuous position and in a reasonably secure way.\n(sec.138-ssec.5) The inspector may delay complying with subsection (3) or (4) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the inspector’s functions.\n(sec.138-ssec.6) The delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.138-ssec.7) If the inspector believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the inspector or the assistant, the inspector may state the belief in the notice.\n(sec.138-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 139 .\n- (a) an inspector damages something when exercising, or purporting to exercise, a power; or\n- (b) a person (the assistant ) acting under the direction or authority of an inspector damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure the notice is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 139 .","sortOrder":160},{"sectionNumber":"sec.139","sectionType":"section","heading":"Compensation","content":"### sec.139 Compensation\n\nA person may claim compensation from the council if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector including a loss arising from compliance with a requirement made of the person under division 4 or 6 .\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to—\nany relevant offence committed by the claimant; and\nwhether the loss arose from a lawful seizure or lawful forfeiture.\nSection 137 does not provide for a statutory right of compensation other than as provided by this section.\nIn this section—\nloss includes costs and damage.\n(sec.139-ssec.1) A person may claim compensation from the council if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector including a loss arising from compliance with a requirement made of the person under division 4 or 6 .\n(sec.139-ssec.2) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n(sec.139-ssec.3) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.139-ssec.4) In considering whether it is just to order compensation, the court must have regard to— any relevant offence committed by the claimant; and whether the loss arose from a lawful seizure or lawful forfeiture.\n(sec.139-ssec.5) Section 137 does not provide for a statutory right of compensation other than as provided by this section.\n(sec.139-ssec.6) In this section— loss includes costs and damage.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n- (a) any relevant offence committed by the claimant; and\n- (b) whether the loss arose from a lawful seizure or lawful forfeiture.","sortOrder":161},{"sectionNumber":"sec.140","sectionType":"section","heading":"Giving inspector false or misleading information","content":"### sec.140 Giving inspector false or misleading information\n\nA person must not, in relation to the administration of this Act, give an inspector information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) applies to information given in relation to the administration of this Act whether or not the information was given in response to a specific power under this Act.\nSubsection (1) does not apply to a person if the person, when giving information in a document—\ntells the inspector, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.140-ssec.1) A person must not, in relation to the administration of this Act, give an inspector information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.140-ssec.2) Subsection (1) applies to information given in relation to the administration of this Act whether or not the information was given in response to a specific power under this Act.\n(sec.140-ssec.3) Subsection (1) does not apply to a person if the person, when giving information in a document— tells the inspector, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the inspector, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":162},{"sectionNumber":"sec.141","sectionType":"section","heading":"Obstructing inspector","content":"### sec.141 Obstructing inspector\n\nA person must not obstruct an inspector exercising a power, or someone helping an inspector exercising a power, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf a person has obstructed an inspector, or someone helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.141-ssec.1) A person must not obstruct an inspector exercising a power, or someone helping an inspector exercising a power, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.141-ssec.2) If a person has obstructed an inspector, or someone helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the inspector considers the person’s conduct an obstruction.\n(sec.141-ssec.3) In this section— obstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct an obstruction.","sortOrder":163},{"sectionNumber":"pt.8-div.8","sectionType":"division","heading":"Other provision","content":"## Other provision","sortOrder":164},{"sectionNumber":"sec.142","sectionType":"section","heading":"Evidential immunity for individuals complying with particular requirements","content":"### sec.142 Evidential immunity for individuals complying with particular requirements\n\nSubsection (2) applies if an individual gives or produces information or a document to an inspector under section 114 or 132 .\nEvidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent the evidence tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\nSubsection (2) does not apply to—\na proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or\na proceeding against an individual for an offence against this Act; or\na proceeding in relation to an administrative action taken against the individual.\nIn this section—\nadministrative action , taken against an individual, means action—\nchanging a condition of a pharmacy business licence held by the individual; or\nsuspending or cancelling a pharmacy business licence held by the individual.\n(sec.142-ssec.1) Subsection (2) applies if an individual gives or produces information or a document to an inspector under section 114 or 132 .\n(sec.142-ssec.2) Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent the evidence tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\n(sec.142-ssec.3) Subsection (2) does not apply to— a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or a proceeding against an individual for an offence against this Act; or a proceeding in relation to an administrative action taken against the individual.\n(sec.142-ssec.4) In this section— administrative action , taken against an individual, means action— changing a condition of a pharmacy business licence held by the individual; or suspending or cancelling a pharmacy business licence held by the individual.\n- (a) a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or\n- (b) a proceeding against an individual for an offence against this Act; or\n- (c) a proceeding in relation to an administrative action taken against the individual.\n- (a) changing a condition of a pharmacy business licence held by the individual; or\n- (b) suspending or cancelling a pharmacy business licence held by the individual.","sortOrder":165},{"sectionNumber":"pt.9","sectionType":"part","heading":"Queensland Pharmacy Business Ownership Council","content":"# Queensland Pharmacy Business Ownership Council","sortOrder":166},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":167},{"sectionNumber":"sec.143","sectionType":"section","heading":"Establishment","content":"### sec.143 Establishment\n\nThe Queensland Pharmacy Business Ownership Council (the council ) is established.","sortOrder":168},{"sectionNumber":"sec.144","sectionType":"section","heading":"Legal status","content":"### sec.144 Legal status\n\nThe council—\nis a body corporate; and\nmay sue and be sued in its corporate name.\n(sec.144-ssec.1) The council— is a body corporate; and may sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) may sue and be sued in its corporate name.","sortOrder":169},{"sectionNumber":"sec.145","sectionType":"section","heading":"Council represents the State","content":"### sec.145 Council represents the State\n\nThe council represents the State.\nWithout limiting subsection (1) , the council has the privileges and immunities of the State.\ns 145 sub 2025 No. 21 s 21\n(sec.145-ssec.1) The council represents the State.\n(sec.145-ssec.2) Without limiting subsection (1) , the council has the privileges and immunities of the State.","sortOrder":170},{"sectionNumber":"sec.146","sectionType":"section","heading":"Application of other Acts","content":"### sec.146 Application of other Acts\n\nThe council is—\na statutory body under the Financial Accountability Act 2009 ; and\na statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the council’s powers.\na unit of public administration under the Crime and Corruption Act 2001 .\n- (a) a statutory body under the Financial Accountability Act 2009 ; and\n- (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and Note— The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the council’s powers.\n- (c) a unit of public administration under the Crime and Corruption Act 2001 .","sortOrder":171},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":172},{"sectionNumber":"sec.147","sectionType":"section","heading":"Functions","content":"### sec.147 Functions\n\nThe council has the following functions—\ndeciding applications relating to pharmacy business licences under this Act;\nchanging, suspending and cancelling pharmacy business licences under this Act;\nmonitoring and enforcing compliance with this Act;\nadvising the Minister on—\nstandards premises must meet to be authorised premises; and\nother matters relating to this Act;\nadministering the fund under this Act;\nkeeping a register of licensed pharmacy businesses under section 207 ;\nany other function given to the council under this Act or another Act.\nThe council may advise the Minister about a matter mentioned in subsection (1) (d) on its own initiative or at the Minister’s request.\nThe council must, in performing its functions, act independently, impartially and in the public interest.\n(sec.147-ssec.1) The council has the following functions— deciding applications relating to pharmacy business licences under this Act; changing, suspending and cancelling pharmacy business licences under this Act; monitoring and enforcing compliance with this Act; advising the Minister on— standards premises must meet to be authorised premises; and other matters relating to this Act; administering the fund under this Act; keeping a register of licensed pharmacy businesses under section 207 ; any other function given to the council under this Act or another Act.\n(sec.147-ssec.2) The council may advise the Minister about a matter mentioned in subsection (1) (d) on its own initiative or at the Minister’s request.\n(sec.147-ssec.3) The council must, in performing its functions, act independently, impartially and in the public interest.\n- (a) deciding applications relating to pharmacy business licences under this Act;\n- (b) changing, suspending and cancelling pharmacy business licences under this Act;\n- (c) monitoring and enforcing compliance with this Act;\n- (d) advising the Minister on— (i) standards premises must meet to be authorised premises; and (ii) other matters relating to this Act;\n- (i) standards premises must meet to be authorised premises; and\n- (ii) other matters relating to this Act;\n- (e) administering the fund under this Act;\n- (f) keeping a register of licensed pharmacy businesses under section 207 ;\n- (g) any other function given to the council under this Act or another Act.\n- (i) standards premises must meet to be authorised premises; and\n- (ii) other matters relating to this Act;","sortOrder":173},{"sectionNumber":"sec.148","sectionType":"section","heading":"Powers","content":"### sec.148 Powers\n\nThe council has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.","sortOrder":174},{"sectionNumber":"sec.149","sectionType":"section","heading":"Direction by Minister","content":"### sec.149 Direction by Minister\n\nThe Minister may, after consulting with the council, give the council a written direction about a matter relevant to the performance of the council’s functions.\nHowever, the Minister may not give a direction under subsection (1) about a particular person, application or proceeding.\nThe council must comply with a direction given under subsection (1) .\ns 149 amd 2025 No. 21 s 22\n(sec.149-ssec.1) The Minister may, after consulting with the council, give the council a written direction about a matter relevant to the performance of the council’s functions.\n(sec.149-ssec.2) However, the Minister may not give a direction under subsection (1) about a particular person, application or proceeding.\n(sec.149-ssec.3) The council must comply with a direction given under subsection (1) .","sortOrder":175},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":176},{"sectionNumber":"sec.150","sectionType":"section","heading":"Appointing members","content":"### sec.150 Appointing members\n\nThe council consists of at least 5 members (each a council member ).\nEach member must be appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person for appointment as a council member only if—\nthe person is—\nan individual who owns a licensed pharmacy business; or\na director of a corporation that owns a licensed pharmacy business; or\na practising pharmacist who is an employee of a licensed pharmacy business; or\nthe person has qualifications or experience in 1 or more of the following areas—\naccounting;\nbusiness;\nfinancial management;\nlaw;\ncarrying on a pharmacy business;\nanother area that—\nin the Minister’s opinion, qualifies the person to represent consumers of pharmacy services; or\nthe Minister considers appropriate or beneficial to the performance of the council’s functions.\nThe council must consist of at least—\n1 person mentioned in subsection (3) (a) (i) ; and\n1 person mentioned in subsection (3) (a) (iii) .\n(sec.150-ssec.1) The council consists of at least 5 members (each a council member ).\n(sec.150-ssec.2) Each member must be appointed by the Governor in Council on the recommendation of the Minister.\n(sec.150-ssec.3) The Minister may recommend a person for appointment as a council member only if— the person is— an individual who owns a licensed pharmacy business; or a director of a corporation that owns a licensed pharmacy business; or a practising pharmacist who is an employee of a licensed pharmacy business; or the person has qualifications or experience in 1 or more of the following areas— accounting; business; financial management; law; carrying on a pharmacy business; another area that— in the Minister’s opinion, qualifies the person to represent consumers of pharmacy services; or the Minister considers appropriate or beneficial to the performance of the council’s functions.\n(sec.150-ssec.4) The council must consist of at least— 1 person mentioned in subsection (3) (a) (i) ; and 1 person mentioned in subsection (3) (a) (iii) .\n- (a) the person is— (i) an individual who owns a licensed pharmacy business; or (ii) a director of a corporation that owns a licensed pharmacy business; or (iii) a practising pharmacist who is an employee of a licensed pharmacy business; or\n- (i) an individual who owns a licensed pharmacy business; or\n- (ii) a director of a corporation that owns a licensed pharmacy business; or\n- (iii) a practising pharmacist who is an employee of a licensed pharmacy business; or\n- (b) the person has qualifications or experience in 1 or more of the following areas— (i) accounting; (ii) business; (iii) financial management; (iv) law; (v) carrying on a pharmacy business; (vi) another area that— (A) in the Minister’s opinion, qualifies the person to represent consumers of pharmacy services; or (B) the Minister considers appropriate or beneficial to the performance of the council’s functions.\n- (i) accounting;\n- (ii) business;\n- (iii) financial management;\n- (iv) law;\n- (v) carrying on a pharmacy business;\n- (vi) another area that— (A) in the Minister’s opinion, qualifies the person to represent consumers of pharmacy services; or (B) the Minister considers appropriate or beneficial to the performance of the council’s functions.\n- (A) in the Minister’s opinion, qualifies the person to represent consumers of pharmacy services; or\n- (B) the Minister considers appropriate or beneficial to the performance of the council’s functions.\n- (i) an individual who owns a licensed pharmacy business; or\n- (ii) a director of a corporation that owns a licensed pharmacy business; or\n- (iii) a practising pharmacist who is an employee of a licensed pharmacy business; or\n- (i) accounting;\n- (ii) business;\n- (iii) financial management;\n- (iv) law;\n- (v) carrying on a pharmacy business;\n- (vi) another area that— (A) in the Minister’s opinion, qualifies the person to represent consumers of pharmacy services; or (B) the Minister considers appropriate or beneficial to the performance of the council’s functions.\n- (A) in the Minister’s opinion, qualifies the person to represent consumers of pharmacy services; or\n- (B) the Minister considers appropriate or beneficial to the performance of the council’s functions.\n- (A) in the Minister’s opinion, qualifies the person to represent consumers of pharmacy services; or\n- (B) the Minister considers appropriate or beneficial to the performance of the council’s functions.\n- (a) 1 person mentioned in subsection (3) (a) (i) ; and\n- (b) 1 person mentioned in subsection (3) (a) (iii) .","sortOrder":177},{"sectionNumber":"sec.151","sectionType":"section","heading":"Disqualification","content":"### sec.151 Disqualification\n\nA person is disqualified from becoming, or continuing as, a council member if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act, part 2D .6; or\nis the chief executive officer or another member of the council’s staff; or\nis a contractor of the council; or\ncontravenes a provision of this Act.\nAlso, a person is disqualified from becoming a council member if—\nthe Minister asks the person for written consent for a request by the Minister under section 181 (2) in relation to the person; and\nthe person does not give the Minister the written consent within 14 days after the Minister asks for it.\n(sec.151-ssec.1) A person is disqualified from becoming, or continuing as, a council member if the person— has a conviction, other than a spent conviction, for an indictable offence; or is an insolvent under administration; or is disqualified from managing corporations because of the Corporations Act, part 2D .6; or is the chief executive officer or another member of the council’s staff; or is a contractor of the council; or contravenes a provision of this Act.\n(sec.151-ssec.2) Also, a person is disqualified from becoming a council member if— the Minister asks the person for written consent for a request by the Minister under section 181 (2) in relation to the person; and the person does not give the Minister the written consent within 14 days after the Minister asks for it.\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act, part 2D .6; or\n- (d) is the chief executive officer or another member of the council’s staff; or\n- (e) is a contractor of the council; or\n- (f) contravenes a provision of this Act.\n- (a) the Minister asks the person for written consent for a request by the Minister under section 181 (2) in relation to the person; and\n- (b) the person does not give the Minister the written consent within 14 days after the Minister asks for it.","sortOrder":178},{"sectionNumber":"sec.152","sectionType":"section","heading":"Conditions of appointment","content":"### sec.152 Conditions of appointment\n\nA council member is to be paid the remuneration and allowances decided by the Governor in Council.\nFor matters not provided for by this Act, a council member holds office on the terms and conditions decided by the Governor in Council.\n(sec.152-ssec.1) A council member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.152-ssec.2) For matters not provided for by this Act, a council member holds office on the terms and conditions decided by the Governor in Council.","sortOrder":179},{"sectionNumber":"sec.153","sectionType":"section","heading":"Term of appointment","content":"### sec.153 Term of appointment\n\nA council member is appointed for the term, of not more than 4 years, stated in the member’s instrument of appointment.\nSubsection (1) does not prevent a council member from being reappointed.\n(sec.153-ssec.1) A council member is appointed for the term, of not more than 4 years, stated in the member’s instrument of appointment.\n(sec.153-ssec.2) Subsection (1) does not prevent a council member from being reappointed.","sortOrder":180},{"sectionNumber":"sec.154","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.154 Chairperson and deputy chairperson\n\nThe Minister may appoint—\na council member to be the chairperson of the council; and\nanother council member to be the deputy chairperson of the council.\nA person may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a council member.\nThe chairperson or deputy chairperson holds office for the term, ending not later than the person’s term of appointment as a council member, stated in the person’s instrument of appointment as chairperson or deputy chairperson.\nHowever, a person’s appointment as chairperson or deputy chairperson ends if, during the term of appointment, the person stops being a council member.\nThe deputy chairperson must act as chairperson during—\na vacancy in the office of chairperson; and\nall periods when the chairperson is absent on leave or for another reason can not perform the duties of the office.\n(sec.154-ssec.1) The Minister may appoint— a council member to be the chairperson of the council; and another council member to be the deputy chairperson of the council.\n(sec.154-ssec.2) A person may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a council member.\n(sec.154-ssec.3) The chairperson or deputy chairperson holds office for the term, ending not later than the person’s term of appointment as a council member, stated in the person’s instrument of appointment as chairperson or deputy chairperson.\n(sec.154-ssec.4) However, a person’s appointment as chairperson or deputy chairperson ends if, during the term of appointment, the person stops being a council member.\n(sec.154-ssec.5) The deputy chairperson must act as chairperson during— a vacancy in the office of chairperson; and all periods when the chairperson is absent on leave or for another reason can not perform the duties of the office.\n- (a) a council member to be the chairperson of the council; and\n- (b) another council member to be the deputy chairperson of the council.\n- (a) a vacancy in the office of chairperson; and\n- (b) all periods when the chairperson is absent on leave or for another reason can not perform the duties of the office.","sortOrder":181},{"sectionNumber":"sec.155","sectionType":"section","heading":"Resignation","content":"### sec.155 Resignation\n\nA council member may resign from the office of chairperson, deputy chairperson or council member by signed notice given to the Minister.\nThe resignation takes effect—\non the day the notice is given; or\nif a later day is stated in the notice—on the later day.\nA council member who resigns from the office of chairperson or deputy chairperson may continue to be a council member.\n(sec.155-ssec.1) A council member may resign from the office of chairperson, deputy chairperson or council member by signed notice given to the Minister.\n(sec.155-ssec.2) The resignation takes effect— on the day the notice is given; or if a later day is stated in the notice—on the later day.\n(sec.155-ssec.3) A council member who resigns from the office of chairperson or deputy chairperson may continue to be a council member.\n- (a) on the day the notice is given; or\n- (b) if a later day is stated in the notice—on the later day.","sortOrder":182},{"sectionNumber":"sec.156","sectionType":"section","heading":"Vacancy in office","content":"### sec.156 Vacancy in office\n\nThe office of a council member becomes vacant if the member—\ncompletes the member’s term of office and is not reappointed; or\nis disqualified from continuing as a member under section 151 ; or\nresigns office as a council member under section 155 ; or\nis absent, other than as approved under section 157 , from 3 consecutive council meetings of which at least 21 days notice has been given; or\nis removed from office under subsection (2) .\nThe Governor in Council may, at any time, remove a council member from office for any reason or none.\ns 156 sub 2025 No. 29 s 70\n(sec.156-ssec.1) The office of a council member becomes vacant if the member— completes the member’s term of office and is not reappointed; or is disqualified from continuing as a member under section 151 ; or resigns office as a council member under section 155 ; or is absent, other than as approved under section 157 , from 3 consecutive council meetings of which at least 21 days notice has been given; or is removed from office under subsection (2) .\n(sec.156-ssec.2) The Governor in Council may, at any time, remove a council member from office for any reason or none.\n- (a) completes the member’s term of office and is not reappointed; or\n- (b) is disqualified from continuing as a member under section 151 ; or\n- (c) resigns office as a council member under section 155 ; or\n- (d) is absent, other than as approved under section 157 , from 3 consecutive council meetings of which at least 21 days notice has been given; or\n- (e) is removed from office under subsection (2) .","sortOrder":183},{"sectionNumber":"sec.156A","sectionType":"section","heading":"Acting council member","content":"### sec.156A Acting council member\n\nThis section applies if the office of a council member is vacant.\nThe Minister may appoint a person to act in the office for a period of not longer than 6 months.\nHowever, the Minister may extend the appointment for a further period of not longer than 6 months.\nA person can not be appointed to act in the office unless the Minister could recommend the person for appointment as a council member under section 150 (3) .\nThis section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .\ns 156A ins 2025 No. 29 s 70\n(sec.156A-ssec.1) This section applies if the office of a council member is vacant.\n(sec.156A-ssec.2) The Minister may appoint a person to act in the office for a period of not longer than 6 months.\n(sec.156A-ssec.3) However, the Minister may extend the appointment for a further period of not longer than 6 months.\n(sec.156A-ssec.4) A person can not be appointed to act in the office unless the Minister could recommend the person for appointment as a council member under section 150 (3) .\n(sec.156A-ssec.5) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .","sortOrder":184},{"sectionNumber":"sec.157","sectionType":"section","heading":"Leave of absence for council members","content":"### sec.157 Leave of absence for council members\n\nThe Minister may—\napprove a leave of absence of 3 or more meetings for the chairperson or deputy chairperson; and\nappoint another council member to act in the office of the deputy chairperson while the deputy chairperson is absent on leave; and\nif the Minister appoints another council member under paragraph (b) —give the other council member an additional vote on questions to be decided by the council while the deputy chairperson is absent on leave.\nThe chairperson may—\napprove a leave of absence of 3 or more meetings for a council member, other than the chairperson or deputy chairperson; and\ngive another council member an additional vote on questions to be decided by the council while the member is absent on leave.\n(sec.157-ssec.1) The Minister may— approve a leave of absence of 3 or more meetings for the chairperson or deputy chairperson; and appoint another council member to act in the office of the deputy chairperson while the deputy chairperson is absent on leave; and if the Minister appoints another council member under paragraph (b) —give the other council member an additional vote on questions to be decided by the council while the deputy chairperson is absent on leave.\n(sec.157-ssec.2) The chairperson may— approve a leave of absence of 3 or more meetings for a council member, other than the chairperson or deputy chairperson; and give another council member an additional vote on questions to be decided by the council while the member is absent on leave.\n- (a) approve a leave of absence of 3 or more meetings for the chairperson or deputy chairperson; and\n- (b) appoint another council member to act in the office of the deputy chairperson while the deputy chairperson is absent on leave; and\n- (c) if the Minister appoints another council member under paragraph (b) —give the other council member an additional vote on questions to be decided by the council while the deputy chairperson is absent on leave.\n- (a) approve a leave of absence of 3 or more meetings for a council member, other than the chairperson or deputy chairperson; and\n- (b) give another council member an additional vote on questions to be decided by the council while the member is absent on leave.","sortOrder":185},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Business of the council","content":"## Business of the council","sortOrder":186},{"sectionNumber":"sec.158","sectionType":"section","heading":"Conduct of business","content":"### sec.158 Conduct of business\n\nSubject to this division, the council may conduct its business, including its meetings, in the way the council considers appropriate.","sortOrder":187},{"sectionNumber":"sec.159","sectionType":"section","heading":"Times and places of meetings","content":"### sec.159 Times and places of meetings\n\nThe chairperson decides the times and places for meetings of the council.\nHowever, the chairperson must call a meeting at least once every 3 calendar months.\nAlso, the chairperson must call a meeting if asked, in writing, by—\nthe Minister; or\nat least 2 council members.\n(sec.159-ssec.1) The chairperson decides the times and places for meetings of the council.\n(sec.159-ssec.2) However, the chairperson must call a meeting at least once every 3 calendar months.\n(sec.159-ssec.3) Also, the chairperson must call a meeting if asked, in writing, by— the Minister; or at least 2 council members.\n- (a) the Minister; or\n- (b) at least 2 council members.","sortOrder":188},{"sectionNumber":"sec.160","sectionType":"section","heading":"Quorum","content":"### sec.160 Quorum\n\nA quorum for a meeting of the council is one-half of the number of its members, or if one-half is not a whole number, the next highest whole number.","sortOrder":189},{"sectionNumber":"sec.161","sectionType":"section","heading":"Conduct of meetings","content":"### sec.161 Conduct of meetings\n\nA question at a meeting of the council is decided by a majority of the votes of the council members present at the meeting.\nSubject to section 157 (1) (c) and (2) (b) , each council member at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding at the meeting also has a casting vote.\nA meeting may be held using any technology that reasonably allows council members to hear and take part in discussions as they happen.\nteleconferencing\nA council member who takes part in a meeting under subsection (3) is taken to be at the meeting.\nA resolution is validly made by the council, even if the resolution is not passed at a meeting, if—\nnotice of the resolution is given under procedures approved by the council; and\na majority of the council members who do not, under section 164 , have a personal interest in the matter the subject of the resolution agree in writing to the resolution.\n(sec.161-ssec.1) A question at a meeting of the council is decided by a majority of the votes of the council members present at the meeting.\n(sec.161-ssec.2) Subject to section 157 (1) (c) and (2) (b) , each council member at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding at the meeting also has a casting vote.\n(sec.161-ssec.3) A meeting may be held using any technology that reasonably allows council members to hear and take part in discussions as they happen. teleconferencing\n(sec.161-ssec.4) A council member who takes part in a meeting under subsection (3) is taken to be at the meeting.\n(sec.161-ssec.5) A resolution is validly made by the council, even if the resolution is not passed at a meeting, if— notice of the resolution is given under procedures approved by the council; and a majority of the council members who do not, under section 164 , have a personal interest in the matter the subject of the resolution agree in writing to the resolution.\n- (a) notice of the resolution is given under procedures approved by the council; and\n- (b) a majority of the council members who do not, under section 164 , have a personal interest in the matter the subject of the resolution agree in writing to the resolution.","sortOrder":190},{"sectionNumber":"sec.162","sectionType":"section","heading":"Minutes and records of resolutions","content":"### sec.162 Minutes and records of resolutions\n\nThe council must keep—\nminutes of its meetings; and\na record of its resolutions made under section 161 (5) .\n- (a) minutes of its meetings; and\n- (b) a record of its resolutions made under section 161 (5) .","sortOrder":191},{"sectionNumber":"sec.163","sectionType":"section","heading":"Presiding at meetings","content":"### sec.163 Presiding at meetings\n\nThe chairperson must preside at all meetings of the council at which the chairperson is present.\nIf the chairperson is absent from a meeting, but the deputy chairperson is present, the deputy chairperson must preside.\nIf the chairperson and deputy chairperson are both absent from a meeting or those offices are vacant, a council member chosen by the council members at the meeting must preside.\n(sec.163-ssec.1) The chairperson must preside at all meetings of the council at which the chairperson is present.\n(sec.163-ssec.2) If the chairperson is absent from a meeting, but the deputy chairperson is present, the deputy chairperson must preside.\n(sec.163-ssec.3) If the chairperson and deputy chairperson are both absent from a meeting or those offices are vacant, a council member chosen by the council members at the meeting must preside.","sortOrder":192},{"sectionNumber":"sec.164","sectionType":"section","heading":"Disclosure of interests at meetings","content":"### sec.164 Disclosure of interests at meetings\n\nThis section applies if—\na matter is to be considered at a meeting of the council; and\nat or before the meeting, a council member becomes aware that the member has a personal interest in the matter.\nFor subsection (1) (b) , a council member has a personal interest in a matter if any of the following entities stands, or could reasonably be perceived to stand, to gain a benefit or suffer a loss, either directly or indirectly, because of the outcome of the consideration of the matter—\nthe member;\nthe member’s spouse;\na parent, child or sibling of the member;\na corporation of which the member is a director or in which the member holds shares;\nan employer or employee of the member;\nan employee or director of a corporation of which the member is a director or in which the member holds shares;\na person in a partnership with the member;\na person who is a trustee or beneficiary of a trust of which the member is a trustee or beneficiary;\na person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the member.\nThe council member must—\nif the member becomes aware of the personal interest at the meeting—immediately disclose the nature of the interest to the other members at the meeting; or\notherwise—give a notice disclosing the nature of the personal interest to the other members before the meeting.\nMaximum penalty—100 penalty units.\nThe council member must not—\nbe present when the council considers the matter; or\ntake part in a decision of the council about the matter.\nMaximum penalty—100 penalty units.\nSubsection (6) applies if—\nbecause of this section, a council member is not present at a council meeting for considering or deciding a matter; and\nthere would be a quorum if the member were present.\nThe remaining council members present are a quorum of the council for considering or deciding the matter at the meeting.\nA disclosure under subsection (3) must be recorded in the council’s minutes for the meeting.\nA failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the council.\n(sec.164-ssec.1) This section applies if— a matter is to be considered at a meeting of the council; and at or before the meeting, a council member becomes aware that the member has a personal interest in the matter.\n(sec.164-ssec.2) For subsection (1) (b) , a council member has a personal interest in a matter if any of the following entities stands, or could reasonably be perceived to stand, to gain a benefit or suffer a loss, either directly or indirectly, because of the outcome of the consideration of the matter— the member; the member’s spouse; a parent, child or sibling of the member; a corporation of which the member is a director or in which the member holds shares; an employer or employee of the member; an employee or director of a corporation of which the member is a director or in which the member holds shares; a person in a partnership with the member; a person who is a trustee or beneficiary of a trust of which the member is a trustee or beneficiary; a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the member.\n(sec.164-ssec.3) The council member must— if the member becomes aware of the personal interest at the meeting—immediately disclose the nature of the interest to the other members at the meeting; or otherwise—give a notice disclosing the nature of the personal interest to the other members before the meeting. Maximum penalty—100 penalty units.\n(sec.164-ssec.4) The council member must not— be present when the council considers the matter; or take part in a decision of the council about the matter. Maximum penalty—100 penalty units.\n(sec.164-ssec.5) Subsection (6) applies if— because of this section, a council member is not present at a council meeting for considering or deciding a matter; and there would be a quorum if the member were present.\n(sec.164-ssec.6) The remaining council members present are a quorum of the council for considering or deciding the matter at the meeting.\n(sec.164-ssec.7) A disclosure under subsection (3) must be recorded in the council’s minutes for the meeting.\n(sec.164-ssec.8) A failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the council.\n- (a) a matter is to be considered at a meeting of the council; and\n- (b) at or before the meeting, a council member becomes aware that the member has a personal interest in the matter.\n- (a) the member;\n- (b) the member’s spouse;\n- (c) a parent, child or sibling of the member;\n- (d) a corporation of which the member is a director or in which the member holds shares;\n- (e) an employer or employee of the member;\n- (f) an employee or director of a corporation of which the member is a director or in which the member holds shares;\n- (g) a person in a partnership with the member;\n- (h) a person who is a trustee or beneficiary of a trust of which the member is a trustee or beneficiary;\n- (i) a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the member.\n- (a) if the member becomes aware of the personal interest at the meeting—immediately disclose the nature of the interest to the other members at the meeting; or\n- (b) otherwise—give a notice disclosing the nature of the personal interest to the other members before the meeting.\n- (a) be present when the council considers the matter; or\n- (b) take part in a decision of the council about the matter.\n- (a) because of this section, a council member is not present at a council meeting for considering or deciding a matter; and\n- (b) there would be a quorum if the member were present.","sortOrder":193},{"sectionNumber":"sec.165","sectionType":"section","heading":"Validity of decisions","content":"### sec.165 Validity of decisions\n\nA decision of the council is not invalidated only because—\nthere is a vacancy in the membership of the council; or\nthere is a defect or irregularity in the appointment of a member of the council.\n- (a) there is a vacancy in the membership of the council; or\n- (b) there is a defect or irregularity in the appointment of a member of the council.","sortOrder":194},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Staff of the council","content":"## Staff of the council","sortOrder":195},{"sectionNumber":"sec.166","sectionType":"section","heading":"Appointing chief executive officer","content":"### sec.166 Appointing chief executive officer\n\nThe council must have a chief executive officer.\nThe chief executive officer must be appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person for appointment as the chief executive officer only if—\nthe Minister is satisfied the person is appropriately qualified to perform the functions of the officer; and\nthe council has approved the appointment.\nThe chief executive officer—\nis an employee of the council; and\nis appointed under this Act and not under the Public Sector Act 2022 .\n(sec.166-ssec.1) The council must have a chief executive officer.\n(sec.166-ssec.2) The chief executive officer must be appointed by the Governor in Council on the recommendation of the Minister.\n(sec.166-ssec.3) The Minister may recommend a person for appointment as the chief executive officer only if— the Minister is satisfied the person is appropriately qualified to perform the functions of the officer; and the council has approved the appointment.\n(sec.166-ssec.4) The chief executive officer— is an employee of the council; and is appointed under this Act and not under the Public Sector Act 2022 .\n- (a) the Minister is satisfied the person is appropriately qualified to perform the functions of the officer; and\n- (b) the council has approved the appointment.\n- (a) is an employee of the council; and\n- (b) is appointed under this Act and not under the Public Sector Act 2022 .","sortOrder":196},{"sectionNumber":"sec.167","sectionType":"section","heading":"Disqualification","content":"### sec.167 Disqualification\n\nA person is disqualified from becoming, or continuing as, the chief executive officer if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6; or\nis a council member; or\nis a contractor of the council; or\ncontravenes a provision of this Act.\nAlso, a person is disqualified from becoming the chief executive officer if—\nthe Minister asks the person for written consent for a request by the Minister under section 181 (2) in relation to the person; and\nthe person does not give the Minister the written consent within 14 days after the Minister asks for it.\n(sec.167-ssec.1) A person is disqualified from becoming, or continuing as, the chief executive officer if the person— has a conviction, other than a spent conviction, for an indictable offence; or is an insolvent under administration; or is disqualified from managing corporations because of the Corporations Act , part 2D .6; or is a council member; or is a contractor of the council; or contravenes a provision of this Act.\n(sec.167-ssec.2) Also, a person is disqualified from becoming the chief executive officer if— the Minister asks the person for written consent for a request by the Minister under section 181 (2) in relation to the person; and the person does not give the Minister the written consent within 14 days after the Minister asks for it.\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or\n- (d) is a council member; or\n- (e) is a contractor of the council; or\n- (f) contravenes a provision of this Act.\n- (a) the Minister asks the person for written consent for a request by the Minister under section 181 (2) in relation to the person; and\n- (b) the person does not give the Minister the written consent within 14 days after the Minister asks for it.","sortOrder":197},{"sectionNumber":"sec.168","sectionType":"section","heading":"Conditions of appointment","content":"### sec.168 Conditions of appointment\n\nThe chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.\nFor matters not provided for by this Act, the chief executive officer holds office on the terms and conditions decided by the Governor in Council.\n(sec.168-ssec.1) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.168-ssec.2) For matters not provided for by this Act, the chief executive officer holds office on the terms and conditions decided by the Governor in Council.","sortOrder":198},{"sectionNumber":"sec.169","sectionType":"section","heading":"Term of appointment","content":"### sec.169 Term of appointment\n\nThe chief executive officer is appointed for the term, of not more than 4 years, stated in the officer’s instrument of appointment.\nSubsection (1) does not prevent a person from being reappointed.\n(sec.169-ssec.1) The chief executive officer is appointed for the term, of not more than 4 years, stated in the officer’s instrument of appointment.\n(sec.169-ssec.2) Subsection (1) does not prevent a person from being reappointed.","sortOrder":199},{"sectionNumber":"sec.170","sectionType":"section","heading":"Resignation","content":"### sec.170 Resignation\n\nThe chief executive officer may resign from the office of chief executive officer by signed notice given to the council.\nThe resignation takes effect—\non the day the notice is given; or\nif a later day is stated in the notice—on the later day.\n(sec.170-ssec.1) The chief executive officer may resign from the office of chief executive officer by signed notice given to the council.\n(sec.170-ssec.2) The resignation takes effect— on the day the notice is given; or if a later day is stated in the notice—on the later day.\n- (a) on the day the notice is given; or\n- (b) if a later day is stated in the notice—on the later day.","sortOrder":200},{"sectionNumber":"sec.171","sectionType":"section","heading":"Vacancy in office","content":"### sec.171 Vacancy in office\n\nThe office of the chief executive officer becomes vacant if the chief executive officer—\ncompletes the officer’s term of office and is not reappointed; or\nis disqualified from continuing as the chief executive officer under section 167 ; or\nresigns office as chief executive officer under section 170 ; or\nis removed from office under subsection (2) .\nThe Governor in Council may, at any time, remove the chief executive officer from office for any reason or none.\ns 171 amd 2025 No. 29 s 71\n(sec.171-ssec.1) The office of the chief executive officer becomes vacant if the chief executive officer— completes the officer’s term of office and is not reappointed; or is disqualified from continuing as the chief executive officer under section 167 ; or resigns office as chief executive officer under section 170 ; or is removed from office under subsection (2) .\n(sec.171-ssec.2) The Governor in Council may, at any time, remove the chief executive officer from office for any reason or none.\n- (a) completes the officer’s term of office and is not reappointed; or\n- (b) is disqualified from continuing as the chief executive officer under section 167 ; or\n- (c) resigns office as chief executive officer under section 170 ; or\n- (d) is removed from office under subsection (2) .","sortOrder":201},{"sectionNumber":"sec.172","sectionType":"section","heading":"Acting chief executive officer","content":"### sec.172 Acting chief executive officer\n\nThis section applies if—\nthe office of the chief executive officer is vacant; or\nthe chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions.\nThe Minister may appoint a person to act as chief executive officer for a period of not longer than 6 months.\nHowever, the Minister may extend the appointment for a further period of not longer than 6 months.\nA person can not be appointed to act in the office unless the Minister could recommend the person for appointment as the chief executive officer under section 166 .\nThis section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .\ns 172 amd 2025 No. 29 s 72\n(sec.172-ssec.1) This section applies if— the office of the chief executive officer is vacant; or the chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions.\n(sec.172-ssec.2) The Minister may appoint a person to act as chief executive officer for a period of not longer than 6 months.\n(sec.172-ssec.3) However, the Minister may extend the appointment for a further period of not longer than 6 months.\n(sec.172-ssec.4) A person can not be appointed to act in the office unless the Minister could recommend the person for appointment as the chief executive officer under section 166 .\n(sec.172-ssec.5) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .\n- (a) the office of the chief executive officer is vacant; or\n- (b) the chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions.","sortOrder":202},{"sectionNumber":"sec.173","sectionType":"section","heading":"Chief executive officer’s functions","content":"### sec.173 Chief executive officer’s functions\n\nThe chief executive officer is responsible for the day-to-day administration of the council, including—\nemploying persons under section 175 (1) ; and\nengaging contractors of the council.\nIn performing the chief executive officer’s functions, the chief executive officer must comply with the written policies and directions of the council.\nThe chief executive officer is accountable to the council.\n(sec.173-ssec.1) The chief executive officer is responsible for the day-to-day administration of the council, including— employing persons under section 175 (1) ; and engaging contractors of the council.\n(sec.173-ssec.2) In performing the chief executive officer’s functions, the chief executive officer must comply with the written policies and directions of the council.\n(sec.173-ssec.3) The chief executive officer is accountable to the council.\n- (a) employing persons under section 175 (1) ; and\n- (b) engaging contractors of the council.","sortOrder":203},{"sectionNumber":"sec.174","sectionType":"section","heading":"Conflicts of interest","content":"### sec.174 Conflicts of interest\n\nIf the chief executive officer has an interest that conflicts, or may conflict, with the performance of the officer’s functions, the officer—\nmust disclose the nature of the interest and conflict to the council as soon as practicable after the relevant facts come to the officer’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the council.\n- (a) must disclose the nature of the interest and conflict to the council as soon as practicable after the relevant facts come to the officer’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the council.","sortOrder":204},{"sectionNumber":"sec.175","sectionType":"section","heading":"Council staff","content":"### sec.175 Council staff\n\nThe chief executive officer may employ other staff the officer considers appropriate to perform the council’s functions.\nThe other staff are employed under the Public Sector Act 2022 .\n(sec.175-ssec.1) The chief executive officer may employ other staff the officer considers appropriate to perform the council’s functions.\n(sec.175-ssec.2) The other staff are employed under the Public Sector Act 2022 .","sortOrder":205},{"sectionNumber":"sec.176","sectionType":"section","heading":"Preservation of rights of particular employees","content":"### sec.176 Preservation of rights of particular employees\n\nThis section applies to—\na person appointed as the chief executive officer who was, immediately before taking up the appointment, a public sector employee or health service employee; or\na person employed as another member of the council’s staff who was, immediately before taking up the employment, a health service employee.\nThe person is entitled to retain all existing and accruing rights to superannuation or recreation, sick, long service or other leave as if service as the chief executive officer or another member of the council’s staff were a continuation of the person’s service as a public sector employee or health service employee.\n(sec.176-ssec.1) This section applies to— a person appointed as the chief executive officer who was, immediately before taking up the appointment, a public sector employee or health service employee; or a person employed as another member of the council’s staff who was, immediately before taking up the employment, a health service employee.\n(sec.176-ssec.2) The person is entitled to retain all existing and accruing rights to superannuation or recreation, sick, long service or other leave as if service as the chief executive officer or another member of the council’s staff were a continuation of the person’s service as a public sector employee or health service employee.\n- (a) a person appointed as the chief executive officer who was, immediately before taking up the appointment, a public sector employee or health service employee; or\n- (b) a person employed as another member of the council’s staff who was, immediately before taking up the employment, a health service employee.","sortOrder":206},{"sectionNumber":"sec.177","sectionType":"section","heading":"Preservation of rights of particular persons appointed as health service employee or public sector employee","content":"### sec.177 Preservation of rights of particular persons appointed as health service employee or public sector employee\n\nThis section applies to a person appointed as a health service employee or a public sector employee if the person was—\nthe chief executive officer, or another member of the council’s staff, immediately before taking up the appointment; and\na person to whom section 176 applied at the time the person was appointed as the officer or member.\nThe person’s service as chief executive officer or another member of the council’s staff must be regarded as service as a health service employee or public sector employee.\n(sec.177-ssec.1) This section applies to a person appointed as a health service employee or a public sector employee if the person was— the chief executive officer, or another member of the council’s staff, immediately before taking up the appointment; and a person to whom section 176 applied at the time the person was appointed as the officer or member.\n(sec.177-ssec.2) The person’s service as chief executive officer or another member of the council’s staff must be regarded as service as a health service employee or public sector employee.\n- (a) the chief executive officer, or another member of the council’s staff, immediately before taking up the appointment; and\n- (b) a person to whom section 176 applied at the time the person was appointed as the officer or member.","sortOrder":207},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"Queensland Pharmacy Business Ownership Council Fund","content":"## Queensland Pharmacy Business Ownership Council Fund","sortOrder":208},{"sectionNumber":"sec.178","sectionType":"section","heading":"Establishment","content":"### sec.178 Establishment\n\nThe Queensland Pharmacy Business Ownership Council Fund is established.\nThe fund is to be administered by the council.\nThe fund does not form part of the consolidated fund.\n(sec.178-ssec.1) The Queensland Pharmacy Business Ownership Council Fund is established.\n(sec.178-ssec.2) The fund is to be administered by the council.\n(sec.178-ssec.3) The fund does not form part of the consolidated fund.","sortOrder":209},{"sectionNumber":"sec.179","sectionType":"section","heading":"Payments of amounts into fund","content":"### sec.179 Payments of amounts into fund\n\nThe following amounts are payable into the fund—\nfees paid under this Act;\nother amounts received by the council under this Act;\nan amount appropriated by Parliament for the purposes of the fund;\nany amount paid into the fund at the direction of or with the approval of the Minister and the Treasurer.\nIf the council receives an amount mentioned in subsection (1) , the council must pay the amount into the fund.\n(sec.179-ssec.1) The following amounts are payable into the fund— fees paid under this Act; other amounts received by the council under this Act; an amount appropriated by Parliament for the purposes of the fund; any amount paid into the fund at the direction of or with the approval of the Minister and the Treasurer.\n(sec.179-ssec.2) If the council receives an amount mentioned in subsection (1) , the council must pay the amount into the fund.\n- (a) fees paid under this Act;\n- (b) other amounts received by the council under this Act;\n- (c) an amount appropriated by Parliament for the purposes of the fund;\n- (d) any amount paid into the fund at the direction of or with the approval of the Minister and the Treasurer.","sortOrder":210},{"sectionNumber":"sec.180","sectionType":"section","heading":"Payments out of fund","content":"### sec.180 Payments out of fund\n\nThe council may pay out of the fund an amount for expenses incurred in—\nthe administration or enforcement of this Act; or\nperforming another function, or exercising another power, under this Act.\n- (a) the administration or enforcement of this Act; or\n- (b) performing another function, or exercising another power, under this Act.","sortOrder":211},{"sectionNumber":"pt.9-div.7","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":212},{"sectionNumber":"sec.181","sectionType":"section","heading":"Criminal history report","content":"### sec.181 Criminal history report\n\nThis section applies for deciding if a person is disqualified from becoming, or continuing as, a council member or the chief executive officer under section 151 or 167 .\nThe Minister may ask the commissioner of the police service for a criminal history report about the person.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe commissioner must comply with the request.\nHowever, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\nThe Minister must ensure any information received under this section—\nis destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested; and\nis not used for any purpose other than the purpose for which it was requested.\nSubsection (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 .\nan attachment to an email\n(sec.181-ssec.1) This section applies for deciding if a person is disqualified from becoming, or continuing as, a council member or the chief executive officer under section 151 or 167 .\n(sec.181-ssec.2) The Minister may ask the commissioner of the police service for a criminal history report about the person.\n(sec.181-ssec.3) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.181-ssec.4) The commissioner must comply with the request.\n(sec.181-ssec.5) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.181-ssec.6) The Minister must ensure any information received under this section— is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested; and is not used for any purpose other than the purpose for which it was requested.\n(sec.181-ssec.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 . an attachment to an email\n- (a) is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested; and\n- (b) is not used for any purpose other than the purpose for which it was requested.","sortOrder":213},{"sectionNumber":"sec.182","sectionType":"section","heading":"Disclosing new convictions","content":"### sec.182 Disclosing new convictions\n\nThis section applies if a council member or the chief executive officer is convicted of an indictable offence during the term of the person’s appointment.\nThe person must, within 14 days after being convicted of the offence, give notice of the conviction to the Minister, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe notice must include—\nthe existence of the conviction; and\ndetails adequate to identify the offence; and\ndetails of when the offence was committed; and\nthe sentence imposed, if any, on the person.\n(sec.182-ssec.1) This section applies if a council member or the chief executive officer is convicted of an indictable offence during the term of the person’s appointment.\n(sec.182-ssec.2) The person must, within 14 days after being convicted of the offence, give notice of the conviction to the Minister, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.182-ssec.3) The notice must include— the existence of the conviction; and details adequate to identify the offence; and details of when the offence was committed; and the sentence imposed, if any, on the person.\n- (a) the existence of the conviction; and\n- (b) details adequate to identify the offence; and\n- (c) details of when the offence was committed; and\n- (d) the sentence imposed, if any, on the person.","sortOrder":214},{"sectionNumber":"sec.183","sectionType":"section","heading":"Annual report to include particular matters","content":"### sec.183 Annual report to include particular matters\n\nThis section applies to an annual report the council is required to prepare and give the Minister under the Financial Accountability Act 2009 , section 63 .\nThe annual report must include details of the following during the financial year to which the report relates—\neach ministerial direction given by the Minister under section 149 (1) ;\naction taken by the council because of the ministerial direction;\naudits conducted by the council under section 208 ;\naction taken by the council to ensure compliance with this Act by holders of pharmacy business licences.\nThe report must not include confidential information unless the information was provided to the council by the person to whom the information relates for the purpose of publication.\ns 183 sub 2025 No. 21 s 23\n(sec.183-ssec.1) This section applies to an annual report the council is required to prepare and give the Minister under the Financial Accountability Act 2009 , section 63 .\n(sec.183-ssec.2) The annual report must include details of the following during the financial year to which the report relates— each ministerial direction given by the Minister under section 149 (1) ; action taken by the council because of the ministerial direction; audits conducted by the council under section 208 ; action taken by the council to ensure compliance with this Act by holders of pharmacy business licences.\n(sec.183-ssec.3) The report must not include confidential information unless the information was provided to the council by the person to whom the information relates for the purpose of publication.\n- (a) each ministerial direction given by the Minister under section 149 (1) ;\n- (b) action taken by the council because of the ministerial direction;\n- (c) audits conducted by the council under section 208 ;\n- (d) action taken by the council to ensure compliance with this Act by holders of pharmacy business licences.","sortOrder":215},{"sectionNumber":"sec.184","sectionType":"section","heading":"Delegations","content":"### sec.184 Delegations\n\nThe council may delegate its functions under this Act to a council member or the chief executive officer.\nA council member or the chief executive officer may subdelegate a function delegated to the member or officer under subsection (1) to an appropriately qualified member of the council’s staff.\nIn this section—\nfunction includes power.\n(sec.184-ssec.1) The council may delegate its functions under this Act to a council member or the chief executive officer.\n(sec.184-ssec.2) A council member or the chief executive officer may subdelegate a function delegated to the member or officer under subsection (1) to an appropriately qualified member of the council’s staff.\n(sec.184-ssec.3) In this section— function includes power.","sortOrder":216},{"sectionNumber":"pt.10","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":217},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":218},{"sectionNumber":"sec.185","sectionType":"section","heading":"Definitions for part","content":"### sec.185 Definitions for part\n\nIn this part—\naffected person , in relation to a decision, means—\nif the decision is an original decision—a person who must be given an information notice for the decision; or\nif the decision is an internal review decision—the person who applied for the internal review.\ncourt means Magistrates Court.\ndecision notice ...\ns 185 def decision notice om 2025 No. 21 s 24 (1)\nforfeiture decision means a decision under section 125 (1) that a thing is forfeited.\ns 185 def forfeiture decision ins 2025 No. 21 s 24 (2)\ninternal review , of an original decision, see section 187 (1) .\ninternal review decision means a decision made, or taken to have been made, under section 189 on an application for internal review of an original decision.\noriginal decision means a decision for which an information notice must be given under this Act.\nQCAT information notice ...\ns 185 def QCAT information notice om 2025 No. 21 s 24 (1)\nseizure decision means a decision under part 8 , division 4 to seize a thing.\ns 185 def seizure decision ins 2025 No. 21 s 24 (2)\nseizure or forfeiture decision ...\ns 185 def seizure or forfeiture decision om 2025 No. 21 s 24 (1)\n- (a) if the decision is an original decision—a person who must be given an information notice for the decision; or\n- (b) if the decision is an internal review decision—the person who applied for the internal review.","sortOrder":219},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":220},{"sectionNumber":"sec.185A","sectionType":"section","heading":"Application of division","content":"### sec.185A Application of division\n\nThis division does not apply to a decision of the council made other than under a delegation.\ns 185A ins 2025 No. 21 s 25","sortOrder":221},{"sectionNumber":"sec.186","sectionType":"section","heading":"Review process must start with internal review","content":"### sec.186 Review process must start with internal review\n\nAn affected person for an original decision may apply to QCAT for a review of the decision, or appeal against the decision under division 5 , only if a decision on an application for internal review of the decision has been made, or taken to have been made, under this division.","sortOrder":222},{"sectionNumber":"sec.187","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.187 Who may apply for internal review\n\nAn affected person for an original decision may apply to the council for a review of the decision under this division (an internal review ).\nIf the affected person has not been given an information notice for the original decision, the affected person may ask the council for an information notice for the decision.\nA failure by the council to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.\n(sec.187-ssec.1) An affected person for an original decision may apply to the council for a review of the decision under this division (an internal review ).\n(sec.187-ssec.2) If the affected person has not been given an information notice for the original decision, the affected person may ask the council for an information notice for the decision.\n(sec.187-ssec.3) A failure by the council to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.","sortOrder":223},{"sectionNumber":"sec.188","sectionType":"section","heading":"Requirements for application","content":"### sec.188 Requirements for application\n\nAn application for internal review of an original decision must—\nbe in the approved form; and\nfor a person who has been given an information notice for the decision—include enough information to enable the council to decide the application; and\nbe made to the council within—\nfor a person who has been given an information notice for the decision—20 business days after the day the person is given the notice; or\nfor a person who has not been given an information notice for the decision—20 business days after the day the person becomes aware of the decision.\nThe council may, at any time, extend the period within which the application may be made.\nThe application does not affect the operation of the original decision or prevent the decision being implemented.\nDivision 3 provides for a stay of the original decision.\n(sec.188-ssec.1) An application for internal review of an original decision must— be in the approved form; and for a person who has been given an information notice for the decision—include enough information to enable the council to decide the application; and be made to the council within— for a person who has been given an information notice for the decision—20 business days after the day the person is given the notice; or for a person who has not been given an information notice for the decision—20 business days after the day the person becomes aware of the decision.\n(sec.188-ssec.2) The council may, at any time, extend the period within which the application may be made.\n(sec.188-ssec.3) The application does not affect the operation of the original decision or prevent the decision being implemented. Division 3 provides for a stay of the original decision.\n- (a) be in the approved form; and\n- (b) for a person who has been given an information notice for the decision—include enough information to enable the council to decide the application; and\n- (c) be made to the council within— (i) for a person who has been given an information notice for the decision—20 business days after the day the person is given the notice; or (ii) for a person who has not been given an information notice for the decision—20 business days after the day the person becomes aware of the decision.\n- (i) for a person who has been given an information notice for the decision—20 business days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision—20 business days after the day the person becomes aware of the decision.\n- (i) for a person who has been given an information notice for the decision—20 business days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision—20 business days after the day the person becomes aware of the decision.","sortOrder":224},{"sectionNumber":"sec.189","sectionType":"section","heading":"Internal review","content":"### sec.189 Internal review\n\nThe council must, within 20 business days after receiving an application for internal review of an original decision—\nreview the original decision; and\ndecide to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision; and\ngive the affected person for the original decision—\nif the original decision is a seizure decision or forfeiture decision—a decision notice for the decision made under paragraph (b) ; or\notherwise—a QCAT information notice for the decision made under paragraph (b) .\nThe council and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the council to comply with the subsection.\nThe application may be dealt with only by a person who—\ndid not make the original decision; and\nholds a more senior office than the person who made the original decision.\nSubsection (3) does not apply to an original decision made by the chairperson, or the deputy chairperson acting as chairperson, personally.\nIf the council does not give the affected person a decision notice or QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the council is taken to confirm the original decision.\ns 189 amd 2025 No. 21 s 26\n(sec.189-ssec.1) The council must, within 20 business days after receiving an application for internal review of an original decision— review the original decision; and decide to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the affected person for the original decision— if the original decision is a seizure decision or forfeiture decision—a decision notice for the decision made under paragraph (b) ; or otherwise—a QCAT information notice for the decision made under paragraph (b) .\n(sec.189-ssec.2) The council and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the council to comply with the subsection.\n(sec.189-ssec.3) The application may be dealt with only by a person who— did not make the original decision; and holds a more senior office than the person who made the original decision.\n(sec.189-ssec.4) Subsection (3) does not apply to an original decision made by the chairperson, or the deputy chairperson acting as chairperson, personally.\n(sec.189-ssec.5) If the council does not give the affected person a decision notice or QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the council is taken to confirm the original decision.\n- (a) review the original decision; and\n- (b) decide to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (c) give the affected person for the original decision— (i) if the original decision is a seizure decision or forfeiture decision—a decision notice for the decision made under paragraph (b) ; or (ii) otherwise—a QCAT information notice for the decision made under paragraph (b) .\n- (i) if the original decision is a seizure decision or forfeiture decision—a decision notice for the decision made under paragraph (b) ; or\n- (ii) otherwise—a QCAT information notice for the decision made under paragraph (b) .\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (i) if the original decision is a seizure decision or forfeiture decision—a decision notice for the decision made under paragraph (b) ; or\n- (ii) otherwise—a QCAT information notice for the decision made under paragraph (b) .\n- (a) did not make the original decision; and\n- (b) holds a more senior office than the person who made the original decision.","sortOrder":225},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Stays","content":"## Stays","sortOrder":226},{"sectionNumber":"sec.190","sectionType":"section","heading":"Stay of operation of seizure decision or forfeiture decision","content":"### sec.190 Stay of operation of seizure decision or forfeiture decision\n\nThis section applies in relation to an original decision if—\nthe decision is a seizure decision or forfeiture decision and an application for an internal review of the decision is made under division 2 ; or\nthe decision is a forfeiture decision to which division 2 does not apply and an appeal against the decision is started under division 5 .\nThe applicant for the internal review or the appellant for the appeal may immediately apply to the court for a stay of the operation of the original decision.\nThe court may, by order, stay the operation of the original decision to secure the effectiveness of—\nif subsection (1) (a) applies in relation to the decision—\nthe internal review of the decision under division 2 ; or\nany later appeal against the decision under division 5 ; or\nif subsection (1) (b) applies in relation to the decision—the appeal against the decision under division 5 .\nThe court may stay the operation of the original decision on conditions the court considers appropriate.\nThe stay operates for the period decided by the court.\nHowever, the period of the stay must not extend past the time when the court decides the appeal.\ns 190 sub 2025 No. 21 s 27\n(sec.190-ssec.1) This section applies in relation to an original decision if— the decision is a seizure decision or forfeiture decision and an application for an internal review of the decision is made under division 2 ; or the decision is a forfeiture decision to which division 2 does not apply and an appeal against the decision is started under division 5 .\n(sec.190-ssec.2) The applicant for the internal review or the appellant for the appeal may immediately apply to the court for a stay of the operation of the original decision.\n(sec.190-ssec.3) The court may, by order, stay the operation of the original decision to secure the effectiveness of— if subsection (1) (a) applies in relation to the decision— the internal review of the decision under division 2 ; or any later appeal against the decision under division 5 ; or if subsection (1) (b) applies in relation to the decision—the appeal against the decision under division 5 .\n(sec.190-ssec.4) The court may stay the operation of the original decision on conditions the court considers appropriate.\n(sec.190-ssec.5) The stay operates for the period decided by the court.\n(sec.190-ssec.6) However, the period of the stay must not extend past the time when the court decides the appeal.\n- (a) the decision is a seizure decision or forfeiture decision and an application for an internal review of the decision is made under division 2 ; or\n- (b) the decision is a forfeiture decision to which division 2 does not apply and an appeal against the decision is started under division 5 .\n- (a) if subsection (1) (a) applies in relation to the decision— (i) the internal review of the decision under division 2 ; or (ii) any later appeal against the decision under division 5 ; or\n- (i) the internal review of the decision under division 2 ; or\n- (ii) any later appeal against the decision under division 5 ; or\n- (b) if subsection (1) (b) applies in relation to the decision—the appeal against the decision under division 5 .\n- (i) the internal review of the decision under division 2 ; or\n- (ii) any later appeal against the decision under division 5 ; or","sortOrder":227},{"sectionNumber":"sec.191","sectionType":"section","heading":"Stay of operation of other original decision","content":"### sec.191 Stay of operation of other original decision\n\nThis section applies if, under division 2 , an application is made for an internal review of an original decision, other than a seizure decision or forfeiture decision.\nFor staying the operation of an original decision, other than a forfeiture decision to which division 2 does not apply, see section 192 and the QCAT Act , section 22 (3) .\nThe applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the decision.\nQCAT may make an order staying the operation of the original decision to secure the effectiveness of the internal review or any later review by QCAT of the decision.\nA stay by QCAT under this section—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be amended or revoked by QCAT.\nThe period of a stay by QCAT under this section must not extend past the end of the period within which an application for a review of the internal review decision may be made under the QCAT Act.\ns 191 amd 2025 No. 21 s 28\n(sec.191-ssec.1) This section applies if, under division 2 , an application is made for an internal review of an original decision, other than a seizure decision or forfeiture decision. For staying the operation of an original decision, other than a forfeiture decision to which division 2 does not apply, see section 192 and the QCAT Act , section 22 (3) .\n(sec.191-ssec.2) The applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the decision.\n(sec.191-ssec.3) QCAT may make an order staying the operation of the original decision to secure the effectiveness of the internal review or any later review by QCAT of the decision.\n(sec.191-ssec.4) A stay by QCAT under this section— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be amended or revoked by QCAT.\n(sec.191-ssec.5) The period of a stay by QCAT under this section must not extend past the end of the period within which an application for a review of the internal review decision may be made under the QCAT Act.\n- (a) may be given on conditions QCAT considers appropriate; and\n- (b) operates for the period fixed by QCAT; and\n- (c) may be amended or revoked by QCAT.","sortOrder":228},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"External review","content":"## External review","sortOrder":229},{"sectionNumber":"sec.192","sectionType":"section","heading":"Applying for external review","content":"### sec.192 Applying for external review\n\nThis section applies to a person who must be given a QCAT information notice for—\nan original decision to which division 2 does not apply; or\nan internal review decision.\nThe person may apply to QCAT, as provided under the QCAT Act, for a review of the decision.\nThe QCAT Act , section 22 (3) enables QCAT to stay the operation of the decision, either on application by a person or on its own initiative.\ns 192 amd 2025 No. 21 s 29\n(sec.192-ssec.1) This section applies to a person who must be given a QCAT information notice for— an original decision to which division 2 does not apply; or an internal review decision.\n(sec.192-ssec.2) The person may apply to QCAT, as provided under the QCAT Act, for a review of the decision. The QCAT Act , section 22 (3) enables QCAT to stay the operation of the decision, either on application by a person or on its own initiative.\n- (a) an original decision to which division 2 does not apply; or\n- (b) an internal review decision.","sortOrder":230},{"sectionNumber":"pt.10-div.5","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":231},{"sectionNumber":"sec.193","sectionType":"section","heading":"Appealing particular decisions","content":"### sec.193 Appealing particular decisions\n\nThis section applies to a person who must be given a decision notice for—\nan original decision to which division 2 does not apply; or\nan internal review decision.\nThe person may appeal to a court against the decision by filing a notice of appeal with the registrar of the court.\nThe notice of appeal must state fully the grounds of the appeal.\nThe person must file the notice of appeal within 28 days after a decision notice for the decision is given to the person.\nHowever, the court may, on application and at any time, extend the time for filing the notice of appeal.\nThe person must serve a copy of the notice of appeal, and any application to extend the time for filing the notice of appeal, on the council.\nThe appeal does not affect the operation of the decision or prevent the decision being implemented.\nSee, however, section 190 in relation to the stay of the operation of an original decision that is a forfeiture decision to which division 2 does not apply.\ns 193 amd 2025 No. 21 s 30\n(sec.193-ssec.1) This section applies to a person who must be given a decision notice for— an original decision to which division 2 does not apply; or an internal review decision.\n(sec.193-ssec.2) The person may appeal to a court against the decision by filing a notice of appeal with the registrar of the court.\n(sec.193-ssec.3) The notice of appeal must state fully the grounds of the appeal.\n(sec.193-ssec.4) The person must file the notice of appeal within 28 days after a decision notice for the decision is given to the person.\n(sec.193-ssec.5) However, the court may, on application and at any time, extend the time for filing the notice of appeal.\n(sec.193-ssec.6) The person must serve a copy of the notice of appeal, and any application to extend the time for filing the notice of appeal, on the council.\n(sec.193-ssec.7) The appeal does not affect the operation of the decision or prevent the decision being implemented. See, however, section 190 in relation to the stay of the operation of an original decision that is a forfeiture decision to which division 2 does not apply.\n- (a) an original decision to which division 2 does not apply; or\n- (b) an internal review decision.","sortOrder":232},{"sectionNumber":"sec.194","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.194 Powers of court on appeal\n\nWhen deciding an appeal against a decision started under section 193 , the court—\nhas the same powers as the council in making the decision; and\nis not bound by the rules of evidence; and\nmust comply with natural justice.\nAn appeal is by way of rehearing.\nThe court may—\nconfirm the decision appealed against; or\nsubstitute another decision for the decision appealed against; or\nset aside the decision appealed against and return the matter to the council with directions the court considers appropriate.\ns 194 amd 2025 No. 21 s 31\n(sec.194-ssec.1) When deciding an appeal against a decision started under section 193 , the court— has the same powers as the council in making the decision; and is not bound by the rules of evidence; and must comply with natural justice.\n(sec.194-ssec.2) An appeal is by way of rehearing.\n(sec.194-ssec.3) The court may— confirm the decision appealed against; or substitute another decision for the decision appealed against; or set aside the decision appealed against and return the matter to the council with directions the court considers appropriate.\n- (a) has the same powers as the council in making the decision; and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice.\n- (a) confirm the decision appealed against; or\n- (b) substitute another decision for the decision appealed against; or\n- (c) set aside the decision appealed against and return the matter to the council with directions the court considers appropriate.","sortOrder":233},{"sectionNumber":"sec.195","sectionType":"section","heading":"Effect of court’s decision on appeal","content":"### sec.195 Effect of court’s decision on appeal\n\nIf the court substitutes another decision for the decision appealed against—\nthe substituted decision is taken to be a decision of the original decision-maker for the decision; and\nthe original decision-maker may give effect to the decision as if—\nthe decision were the original decision of the original decision-maker; and\nno application for review or appeal of the original decision had been made.\nIf the court sets aside the decision appealed against and returns the matter to the original decision-maker for the decision with directions, any decision made by the original decision-maker in accordance with the directions may not be reviewed or appealed against under this part.\nIn this section—\noriginal decision-maker , for a decision, means—\nif the decision is a seizure decision—the inspector who made the decision; or\notherwise—the council.\ns 195 sub 2025 No. 21 s 32\n(sec.195-ssec.1) If the court substitutes another decision for the decision appealed against— the substituted decision is taken to be a decision of the original decision-maker for the decision; and the original decision-maker may give effect to the decision as if— the decision were the original decision of the original decision-maker; and no application for review or appeal of the original decision had been made.\n(sec.195-ssec.2) If the court sets aside the decision appealed against and returns the matter to the original decision-maker for the decision with directions, any decision made by the original decision-maker in accordance with the directions may not be reviewed or appealed against under this part.\n(sec.195-ssec.3) In this section— original decision-maker , for a decision, means— if the decision is a seizure decision—the inspector who made the decision; or otherwise—the council.\n- (a) the substituted decision is taken to be a decision of the original decision-maker for the decision; and\n- (b) the original decision-maker may give effect to the decision as if— (i) the decision were the original decision of the original decision-maker; and (ii) no application for review or appeal of the original decision had been made.\n- (i) the decision were the original decision of the original decision-maker; and\n- (ii) no application for review or appeal of the original decision had been made.\n- (i) the decision were the original decision of the original decision-maker; and\n- (ii) no application for review or appeal of the original decision had been made.\n- (a) if the decision is a seizure decision—the inspector who made the decision; or\n- (b) otherwise—the council.","sortOrder":234},{"sectionNumber":"pt.11","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":235},{"sectionNumber":"sec.196","sectionType":"section","heading":"Application of part","content":"### sec.196 Application of part\n\nThis part applies in relation to a proceeding under this Act.","sortOrder":236},{"sectionNumber":"sec.197","sectionType":"section","heading":"Appointments and authority","content":"### sec.197 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of a council member, the chairperson, the deputy chairperson, the chief executive officer or an inspector;\nthe authority of the Minister, the council, a council member, the chairperson, the deputy chairperson, the chief executive officer or an inspector to do anything under this Act.\n- (a) the appointment of a council member, the chairperson, the deputy chairperson, the chief executive officer or an inspector;\n- (b) the authority of the Minister, the council, a council member, the chairperson, the deputy chairperson, the chief executive officer or an inspector to do anything under this Act.","sortOrder":237},{"sectionNumber":"sec.198","sectionType":"section","heading":"Signatures","content":"### sec.198 Signatures\n\nA signature purporting to be the signature of the Minister, a council member, the chairperson, the deputy chairperson, the chief executive officer or an inspector is evidence of the signature it purports to be.","sortOrder":238},{"sectionNumber":"sec.199","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.199 Evidentiary provisions\n\nA certificate purporting to be signed by the chairperson or the chief executive officer and stating any of the following matters is evidence of the matter—\na stated document is any of the following—\na pharmacy business licence;\nan approval granted under this Act;\na notice or direction given under this Act;\nan approved form;\nan identity card;\nan acknowledgement of consent signed under section 105 ;\nthe register of licensed pharmacy businesses kept under section 207 ;\na stated record kept under this Act;\na stated document is a copy of, or an extract from or part of, a document mentioned in paragraph (a) ;\non a stated day, or during a stated period, a person’s appointment as a council member, the chairperson, the deputy chairperson, the chief executive officer or an inspector was, or was not, in effect;\non a stated day, or during a stated period, a pharmacy business licence—\nwas or was not in effect; or\nwas or was not subject to a stated condition;\non a stated day, or during a stated period, an approval to carry on a pharmacy business granted under part 7 —\nwas or was not in effect; or\nwas or was not subject to a stated condition;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day, a stated requirement was made of a stated person;\na stated amount is payable under this Act by a stated person and has not been paid.\n- (a) a stated document is any of the following— (i) a pharmacy business licence; (ii) an approval granted under this Act; (iii) a notice or direction given under this Act; (iv) an approved form; (v) an identity card; (vi) an acknowledgement of consent signed under section 105 ; (vii) the register of licensed pharmacy businesses kept under section 207 ; (viii) a stated record kept under this Act;\n- (i) a pharmacy business licence;\n- (ii) an approval granted under this Act;\n- (iii) a notice or direction given under this Act;\n- (iv) an approved form;\n- (v) an identity card;\n- (vi) an acknowledgement of consent signed under section 105 ;\n- (vii) the register of licensed pharmacy businesses kept under section 207 ;\n- (viii) a stated record kept under this Act;\n- (b) a stated document is a copy of, or an extract from or part of, a document mentioned in paragraph (a) ;\n- (c) on a stated day, or during a stated period, a person’s appointment as a council member, the chairperson, the deputy chairperson, the chief executive officer or an inspector was, or was not, in effect;\n- (d) on a stated day, or during a stated period, a pharmacy business licence— (i) was or was not in effect; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in effect; or\n- (ii) was or was not subject to a stated condition;\n- (e) on a stated day, or during a stated period, an approval to carry on a pharmacy business granted under part 7 — (i) was or was not in effect; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in effect; or\n- (ii) was or was not subject to a stated condition;\n- (f) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (g) on a stated day, a stated requirement was made of a stated person;\n- (h) a stated amount is payable under this Act by a stated person and has not been paid.\n- (i) a pharmacy business licence;\n- (ii) an approval granted under this Act;\n- (iii) a notice or direction given under this Act;\n- (iv) an approved form;\n- (v) an identity card;\n- (vi) an acknowledgement of consent signed under section 105 ;\n- (vii) the register of licensed pharmacy businesses kept under section 207 ;\n- (viii) a stated record kept under this Act;\n- (i) was or was not in effect; or\n- (ii) was or was not subject to a stated condition;\n- (i) was or was not in effect; or\n- (ii) was or was not subject to a stated condition;","sortOrder":239},{"sectionNumber":"sec.200","sectionType":"section","heading":"Limitation on time for starting offence proceeding","content":"### sec.200 Limitation on time for starting offence proceeding\n\nA proceeding for an offence against this Act must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":240},{"sectionNumber":"sec.201","sectionType":"section","heading":"Allegations of false or misleading information or documents","content":"### sec.201 Allegations of false or misleading information or documents\n\nIn a proceeding for an offence against section 71 (1) or 140 (1) , it is enough for a charge to state that the information or document to which the offence relates was, without specifying which, ‘false or misleading’.","sortOrder":241},{"sectionNumber":"sec.202","sectionType":"section","heading":"Conduct of representatives","content":"### sec.202 Conduct of representatives\n\nIf it is relevant to prove a person’s state of mind about particular conduct, it is enough to show—\nthe conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nConduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have also been engaged in by the person unless the person proves—\nthe person was not in a position to influence the representative in relation to the conduct; or\nif the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct.\nIn this section—\nengaging , in conduct, includes failing to engage in conduct.\nrepresentative means—\nfor a corporation—an agent, employee or executive officer of the corporation; or\nfor an individual—an agent or employee of the individual.\nstate of mind , of a person, includes the person’s—\nbelief, intention, knowledge, opinion or purpose; and\nreasons for the belief, intention, knowledge, opinion or purpose.\n(sec.202-ssec.1) If it is relevant to prove a person’s state of mind about particular conduct, it is enough to show— the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.202-ssec.2) Conduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have also been engaged in by the person unless the person proves— the person was not in a position to influence the representative in relation to the conduct; or if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct.\n(sec.202-ssec.3) In this section— engaging , in conduct, includes failing to engage in conduct. representative means— for a corporation—an agent, employee or executive officer of the corporation; or for an individual—an agent or employee of the individual. state of mind , of a person, includes the person’s— belief, intention, knowledge, opinion or purpose; and reasons for the belief, intention, knowledge, opinion or purpose.\n- (a) the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) the person was not in a position to influence the representative in relation to the conduct; or\n- (b) if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct.\n- (a) for a corporation—an agent, employee or executive officer of the corporation; or\n- (b) for an individual—an agent or employee of the individual.\n- (a) belief, intention, knowledge, opinion or purpose; and\n- (b) reasons for the belief, intention, knowledge, opinion or purpose.","sortOrder":242},{"sectionNumber":"sec.203","sectionType":"section","heading":"Executive officer may be taken to have committed offence against deemed executive liability provision","content":"### sec.203 Executive officer may be taken to have committed offence against deemed executive liability provision\n\nIf a corporation commits an offence against a deemed executive liability provision, an executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct constituting the offence.\nThe executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect—\nthe liability of the corporation for the offence against the deemed executive liability provision; or\nthe liability, under the Criminal Code, chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\nIn this section—\ndeemed executive liability provision means any of the following provisions—\nsection 15 (1)\nsection 17\nsection 19\nsection 20 (1)\nsection 76 (2)\nsection 78 (2)\nsection 79 (2) .\n(sec.203-ssec.1) If a corporation commits an offence against a deemed executive liability provision, an executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct constituting the offence.\n(sec.203-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.203-ssec.3) This section does not affect— the liability of the corporation for the offence against the deemed executive liability provision; or the liability, under the Criminal Code, chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n(sec.203-ssec.4) In this section— deemed executive liability provision means any of the following provisions— section 15 (1) section 17 section 19 section 20 (1) section 76 (2) section 78 (2) section 79 (2) .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct constituting the offence.\n- (a) the liability of the corporation for the offence against the deemed executive liability provision; or\n- (b) the liability, under the Criminal Code, chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n- • section 15 (1)\n- • section 17\n- • section 19\n- • section 20 (1)\n- • section 76 (2)\n- • section 78 (2)\n- • section 79 (2) .","sortOrder":243},{"sectionNumber":"pt.12","sectionType":"part","heading":"Confidentiality","content":"# Confidentiality","sortOrder":244},{"sectionNumber":"sec.204","sectionType":"section","heading":"Application of part","content":"### sec.204 Application of part\n\nThis part applies in relation to confidential information that a person—\nhas obtained in performing a function under this Act; or\nhas obtained access to, whether directly or indirectly, from a person in relation to whom paragraph (a) applies.\n- (a) has obtained in performing a function under this Act; or\n- (b) has obtained access to, whether directly or indirectly, from a person in relation to whom paragraph (a) applies.","sortOrder":245},{"sectionNumber":"sec.205","sectionType":"section","heading":"Confidentiality of information","content":"### sec.205 Confidentiality of information\n\nA person must not, directly or indirectly, disclose confidential information to another person unless the disclosure is permitted under subsection (2) .\nMaximum penalty—50 penalty units.\nA person is permitted to disclose confidential information to another person—\nunder this Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the disclosure is necessary for the performance of a function under this Act; or\nif the person to whom the information relates consents to the disclosure.\nSubsection (2) applies despite the Hospital and Health Boards Act 2011 , section 142 .\n(sec.205-ssec.1) A person must not, directly or indirectly, disclose confidential information to another person unless the disclosure is permitted under subsection (2) . Maximum penalty—50 penalty units.\n(sec.205-ssec.2) A person is permitted to disclose confidential information to another person— under this Act; or if the disclosure is otherwise required or permitted by law; or if the disclosure is necessary for the performance of a function under this Act; or if the person to whom the information relates consents to the disclosure.\n(sec.205-ssec.3) Subsection (2) applies despite the Hospital and Health Boards Act 2011 , section 142 .\n- (a) under this Act; or\n- (b) if the disclosure is otherwise required or permitted by law; or\n- (c) if the disclosure is necessary for the performance of a function under this Act; or\n- (d) if the person to whom the information relates consents to the disclosure.","sortOrder":246},{"sectionNumber":"sec.206","sectionType":"section","heading":"Disclosure of confidential information to entities performing relevant functions","content":"### sec.206 Disclosure of confidential information to entities performing relevant functions\n\nA person may disclose confidential information to—\na coroner investigating the death of a person under the Coroners Act 2003 ; or\na law enforcement agency, for the purposes of detecting, investigating, preventing or prosecuting an offence in relation to a regulated substance under the Medicines and Poisons Act 2019 .\nA person may disclose confidential information, other than criminal history information, to—\nthe chief executive; or\nthe council; or\nthe chief executive officer; or\na National Health Practitioner Board, or the Australian Health Practitioner Regulation Agency, established under the Health Practitioner Regulation National Law; or\nan entity established under the National Health Act 1953 (Cwlth) ; or\nan official under the Health Ombudsman Act 2013 ; or\nanother entity of the Commonwealth or another State, for performing the entity’s functions relating to the regulation of pharmacy businesses or pharmacy services.\nHowever, a person may disclose confidential information to an entity under subsection (1) or (2) only if the person is satisfied—\nthe disclosure is reasonably necessary for the entity to exercise its functions; and\nthe confidential information will be collected, stored and used by the entity in a way that protects the privacy of the persons to whom the information relates from unjustified intrusion.\ns 206 amd 2025 No. 21 s 33\n(sec.206-ssec.1) A person may disclose confidential information to— a coroner investigating the death of a person under the Coroners Act 2003 ; or a law enforcement agency, for the purposes of detecting, investigating, preventing or prosecuting an offence in relation to a regulated substance under the Medicines and Poisons Act 2019 .\n(sec.206-ssec.2) A person may disclose confidential information, other than criminal history information, to— the chief executive; or the council; or the chief executive officer; or a National Health Practitioner Board, or the Australian Health Practitioner Regulation Agency, established under the Health Practitioner Regulation National Law; or an entity established under the National Health Act 1953 (Cwlth) ; or an official under the Health Ombudsman Act 2013 ; or another entity of the Commonwealth or another State, for performing the entity’s functions relating to the regulation of pharmacy businesses or pharmacy services.\n(sec.206-ssec.3) However, a person may disclose confidential information to an entity under subsection (1) or (2) only if the person is satisfied— the disclosure is reasonably necessary for the entity to exercise its functions; and the confidential information will be collected, stored and used by the entity in a way that protects the privacy of the persons to whom the information relates from unjustified intrusion.\n- (a) a coroner investigating the death of a person under the Coroners Act 2003 ; or\n- (b) a law enforcement agency, for the purposes of detecting, investigating, preventing or prosecuting an offence in relation to a regulated substance under the Medicines and Poisons Act 2019 .\n- (a) the chief executive; or\n- (b) the council; or\n- (c) the chief executive officer; or\n- (d) a National Health Practitioner Board, or the Australian Health Practitioner Regulation Agency, established under the Health Practitioner Regulation National Law; or\n- (e) an entity established under the National Health Act 1953 (Cwlth) ; or\n- (f) an official under the Health Ombudsman Act 2013 ; or\n- (g) another entity of the Commonwealth or another State, for performing the entity’s functions relating to the regulation of pharmacy businesses or pharmacy services.\n- (a) the disclosure is reasonably necessary for the entity to exercise its functions; and\n- (b) the confidential information will be collected, stored and used by the entity in a way that protects the privacy of the persons to whom the information relates from unjustified intrusion.","sortOrder":247},{"sectionNumber":"pt.13","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":248},{"sectionNumber":"sec.207","sectionType":"section","heading":"Council must keep register of pharmacy business licences","content":"### sec.207 Council must keep register of pharmacy business licences\n\nThe council must keep a register of pharmacy business licences.\nThe register must contain the following information for each current pharmacy business licence—\nthe relevant information for the licence;\nif the licence has been suspended under part 4 , division 4 —the period of the suspension.\nThe register must contain the following information for each pharmacy business licence that has been cancelled under part 4 , division 4 —\nthe relevant information for the licence immediately before the cancellation;\nthe day the cancellation took effect.\nThe register must be kept in the way the council considers appropriate, including, for example, in an electronic form.\nThe council must publish on the council’s website information contained in the register under subsection (2) or (3) , other than—\ninformation mentioned in subsection (2) (b) relating to a suspension, of a pharmacy business licence, that has ended;\ninformation mentioned in subsection (3) for a pharmacy business licence cancelled more than 2 years ago.\nIn this section—\ncurrent pharmacy business licence means a pharmacy business licence that has not ended under this Act.\nrelevant information , for a pharmacy business licence, means—\nthe name of the holder of the licence; and\nthe address of the licensed premises stated on the licence; and\nthe business name stated on the licence.\ns 207 sub 2025 No. 21 s 34\n(sec.207-ssec.1) The council must keep a register of pharmacy business licences.\n(sec.207-ssec.2) The register must contain the following information for each current pharmacy business licence— the relevant information for the licence; if the licence has been suspended under part 4 , division 4 —the period of the suspension.\n(sec.207-ssec.3) The register must contain the following information for each pharmacy business licence that has been cancelled under part 4 , division 4 — the relevant information for the licence immediately before the cancellation; the day the cancellation took effect.\n(sec.207-ssec.4) The register must be kept in the way the council considers appropriate, including, for example, in an electronic form.\n(sec.207-ssec.5) The council must publish on the council’s website information contained in the register under subsection (2) or (3) , other than— information mentioned in subsection (2) (b) relating to a suspension, of a pharmacy business licence, that has ended; information mentioned in subsection (3) for a pharmacy business licence cancelled more than 2 years ago.\n(sec.207-ssec.6) In this section— current pharmacy business licence means a pharmacy business licence that has not ended under this Act. relevant information , for a pharmacy business licence, means— the name of the holder of the licence; and the address of the licensed premises stated on the licence; and the business name stated on the licence.\n- (a) the relevant information for the licence;\n- (b) if the licence has been suspended under part 4 , division 4 —the period of the suspension.\n- (a) the relevant information for the licence immediately before the cancellation;\n- (b) the day the cancellation took effect.\n- (a) information mentioned in subsection (2) (b) relating to a suspension, of a pharmacy business licence, that has ended;\n- (b) information mentioned in subsection (3) for a pharmacy business licence cancelled more than 2 years ago.\n- (a) the name of the holder of the licence; and\n- (b) the address of the licensed premises stated on the licence; and\n- (c) the business name stated on the licence.","sortOrder":249},{"sectionNumber":"sec.208","sectionType":"section","heading":"Auditing of licence holders","content":"### sec.208 Auditing of licence holders\n\nThe council may audit the operations of a holder of a pharmacy business licence.\nHowever, the council may audit the operations only to the extent they relate to the obligations of the holder under this Act.\nThe holder of the pharmacy business licence must, for the purpose of allowing the council to conduct the audit, give the council, at all reasonable times, full and free access to all documents and property belonging to, in the custody of, or under the control of, the holder to the extent the document or property is relevant to the audit.\nMaximum penalty—50 penalty units.\n(sec.208-ssec.1) The council may audit the operations of a holder of a pharmacy business licence.\n(sec.208-ssec.2) However, the council may audit the operations only to the extent they relate to the obligations of the holder under this Act.\n(sec.208-ssec.3) The holder of the pharmacy business licence must, for the purpose of allowing the council to conduct the audit, give the council, at all reasonable times, full and free access to all documents and property belonging to, in the custody of, or under the control of, the holder to the extent the document or property is relevant to the audit. Maximum penalty—50 penalty units.","sortOrder":250},{"sectionNumber":"sec.209","sectionType":"section","heading":null,"content":"### Section sec.209\n\ns 209 om 2025 No. 21 s 35","sortOrder":251},{"sectionNumber":"sec.210","sectionType":"section","heading":null,"content":"### Section sec.210\n\ns 210 om 2025 No. 21 s 36","sortOrder":252},{"sectionNumber":"sec.211","sectionType":"section","heading":"Approved forms","content":"### sec.211 Approved forms\n\nThe council may approve forms for use under this Act.","sortOrder":253},{"sectionNumber":"sec.212","sectionType":"section","heading":"Regulation-making power","content":"### sec.212 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about any of the following—\nfees payable under this Act;\nthe waiver of fees;\nthe keeping of records under this Act, including the form in which records are to be kept;\nany other matter provided for under this Act.\nA regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of the regulation.\n(sec.212-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.212-ssec.2) A regulation may be made about any of the following— fees payable under this Act; the waiver of fees; the keeping of records under this Act, including the form in which records are to be kept; any other matter provided for under this Act.\n(sec.212-ssec.3) A regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of the regulation.\n- (a) fees payable under this Act;\n- (b) the waiver of fees;\n- (c) the keeping of records under this Act, including the form in which records are to be kept;\n- (d) any other matter provided for under this Act.","sortOrder":254},{"sectionNumber":"pt.14","sectionType":"part","heading":"Repeal and transitional provisions for Act No. 9 of 2024","content":"# Repeal and transitional provisions for Act No. 9 of 2024","sortOrder":255},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":256},{"sectionNumber":"sec.213","sectionType":"section","heading":"Definitions for part","content":"### sec.213 Definitions for part\n\nIn this part—\ncertified agreement see the Industrial Relations Act 2016 , schedule 5 .\ndeemed eligible person means a corporation deemed to be an eligible person under section 214 .\nexisting instruments ...\ns 213 def existing instruments om 2025 No. 13 s 8B (1)\nexisting pharmacy business means a pharmacy business being carried on under the repealed Act immediately before the commencement.\nhealth employment directive ...\ns 213 def health employment directive om 2025 No. 13 s 8B (1)\nhealth senior officer means a health service employee employed by Queensland Health in the position known as health senior officer.\ns 213 def health senior officer ins 2025 No. 13 s 8B (2)\ninitial council employee ...\ns 213 def initial council employee om 2025 No. 13 s 8B (1)\nnew certified agreement ...\ns 213 def new certified agreement om 2025 No. 13 s 8B (1)\nofficer means a public service employee mentioned in the Public Sector Act 2022 , section 13 (1) (d) .\ns 213 def officer ins 2025 No. 13 s 8B (2)\npromote , a person, means employ the person at a higher classification level, other than temporarily.\ns 213 def promote ins 2025 No. 13 s 8B (2)\npublic sector directive ...\ns 213 def public sector directive om 2025 No. 13 s 8B (1)\nQueensland Health means the department administering the Hospital and Health Boards Act 2011 .\nQueensland Health award ...\ns 213 def Queensland Health award om 2025 No. 13 s 8B (1)\nQueensland Health certified agreement ...\ns 213 def Queensland Health certified agreement om 2025 No. 13 s 8B (1)\nrepealed , for a provision, means that provision of the repealed Act as in force from time to time before the commencement.\nrepealed Act means the repealed Pharmacy Business Ownership Act 2001 .","sortOrder":257},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Interests in, and operation of, existing pharmacy businesses","content":"## Interests in, and operation of, existing pharmacy businesses","sortOrder":258},{"sectionNumber":"sec.214","sectionType":"section","heading":"Particular corporations deemed to be eligible persons","content":"### sec.214 Particular corporations deemed to be eligible persons\n\nThis section applies to a corporation that—\nimmediately before the commencement, owned an existing pharmacy business; and\nis not an eligible person; and\nmeets the eligibility criteria mentioned in subsection (2) .\nThe eligibility criteria are that, immediately before the commencement—\nthe directors of the corporation were all—\npractising pharmacists; or\nclose adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and\nthe shareholders of the corporation consisted of only the following—\npractising pharmacists;\nclose adult relatives of practising pharmacists;\n1 or more corporations whose directors and shareholders were—\nall practising pharmacists; or\na combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and\nif the corporation owned the existing pharmacy business as trustee of a trust, the beneficiaries of the trust consisted of only the following—\npractising pharmacists;\nclose adult relatives of practising pharmacists;\n1 or more corporations whose directors and shareholders were—\nall practising pharmacists; or\na combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement.\nFrom the commencement, the corporation is deemed to be an eligible person.\nHowever, the corporation stops being a deemed eligible person if a material interest in the existing pharmacy business is transferred to a person who is not permitted to hold a material interest in the business under section 16 .\n(sec.214-ssec.1) This section applies to a corporation that— immediately before the commencement, owned an existing pharmacy business; and is not an eligible person; and meets the eligibility criteria mentioned in subsection (2) .\n(sec.214-ssec.2) The eligibility criteria are that, immediately before the commencement— the directors of the corporation were all— practising pharmacists; or close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and the shareholders of the corporation consisted of only the following— practising pharmacists; close adult relatives of practising pharmacists; 1 or more corporations whose directors and shareholders were— all practising pharmacists; or a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and if the corporation owned the existing pharmacy business as trustee of a trust, the beneficiaries of the trust consisted of only the following— practising pharmacists; close adult relatives of practising pharmacists; 1 or more corporations whose directors and shareholders were— all practising pharmacists; or a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement.\n(sec.214-ssec.3) From the commencement, the corporation is deemed to be an eligible person.\n(sec.214-ssec.4) However, the corporation stops being a deemed eligible person if a material interest in the existing pharmacy business is transferred to a person who is not permitted to hold a material interest in the business under section 16 .\n- (a) immediately before the commencement, owned an existing pharmacy business; and\n- (b) is not an eligible person; and\n- (c) meets the eligibility criteria mentioned in subsection (2) .\n- (a) the directors of the corporation were all— (i) practising pharmacists; or (ii) close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and\n- (i) practising pharmacists; or\n- (ii) close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and\n- (b) the shareholders of the corporation consisted of only the following— (i) practising pharmacists; (ii) close adult relatives of practising pharmacists; (iii) 1 or more corporations whose directors and shareholders were— (A) all practising pharmacists; or (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and\n- (i) practising pharmacists;\n- (ii) close adult relatives of practising pharmacists;\n- (iii) 1 or more corporations whose directors and shareholders were— (A) all practising pharmacists; or (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and\n- (A) all practising pharmacists; or\n- (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and\n- (c) if the corporation owned the existing pharmacy business as trustee of a trust, the beneficiaries of the trust consisted of only the following— (i) practising pharmacists; (ii) close adult relatives of practising pharmacists; (iii) 1 or more corporations whose directors and shareholders were— (A) all practising pharmacists; or (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement.\n- (i) practising pharmacists;\n- (ii) close adult relatives of practising pharmacists;\n- (iii) 1 or more corporations whose directors and shareholders were— (A) all practising pharmacists; or (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement.\n- (A) all practising pharmacists; or\n- (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement.\n- (i) practising pharmacists; or\n- (ii) close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and\n- (i) practising pharmacists;\n- (ii) close adult relatives of practising pharmacists;\n- (iii) 1 or more corporations whose directors and shareholders were— (A) all practising pharmacists; or (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and\n- (A) all practising pharmacists; or\n- (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and\n- (A) all practising pharmacists; or\n- (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement; and\n- (i) practising pharmacists;\n- (ii) close adult relatives of practising pharmacists;\n- (iii) 1 or more corporations whose directors and shareholders were— (A) all practising pharmacists; or (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement.\n- (A) all practising pharmacists; or\n- (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement.\n- (A) all practising pharmacists; or\n- (B) a combination of practising pharmacists and close adult relatives, of practising pharmacists, who also held a material interest in the business immediately before the commencement.","sortOrder":259},{"sectionNumber":"sec.215","sectionType":"section","heading":"Eligible persons carrying on existing pharmacy businesses","content":"### sec.215 Eligible persons carrying on existing pharmacy businesses\n\nThis section applies in relation to an existing pharmacy business if the person who owned the business immediately before the commencement is an eligible person.\nThe person may continue to own and carry on the existing pharmacy business, without holding a pharmacy business licence for the business, until—\nthe day that is 1 year after the commencement; or\nif the person applies for a pharmacy business licence for the business under this Act before the day mentioned in paragraph (a) —the day the application is decided or withdrawn.\nHowever, subsection (2) stops applying to the person if the person stops being an eligible person.\nRepealed sections 139C to 139G continue to apply in relation to the existing pharmacy business as if this Act had not been enacted.\nFor any period a person may continue to own, and carry on, an existing pharmacy business under this section—\nsections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the business; and\nrepealed sections 139I , 141 , 141A and 141B continue to apply in relation to the business as if this Act had not been enacted.\n(sec.215-ssec.1) This section applies in relation to an existing pharmacy business if the person who owned the business immediately before the commencement is an eligible person.\n(sec.215-ssec.2) The person may continue to own and carry on the existing pharmacy business, without holding a pharmacy business licence for the business, until— the day that is 1 year after the commencement; or if the person applies for a pharmacy business licence for the business under this Act before the day mentioned in paragraph (a) —the day the application is decided or withdrawn.\n(sec.215-ssec.3) However, subsection (2) stops applying to the person if the person stops being an eligible person.\n(sec.215-ssec.4) Repealed sections 139C to 139G continue to apply in relation to the existing pharmacy business as if this Act had not been enacted.\n(sec.215-ssec.5) For any period a person may continue to own, and carry on, an existing pharmacy business under this section— sections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the business; and repealed sections 139I , 141 , 141A and 141B continue to apply in relation to the business as if this Act had not been enacted.\n- (a) the day that is 1 year after the commencement; or\n- (b) if the person applies for a pharmacy business licence for the business under this Act before the day mentioned in paragraph (a) —the day the application is decided or withdrawn.\n- (a) sections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the business; and\n- (b) repealed sections 139I , 141 , 141A and 141B continue to apply in relation to the business as if this Act had not been enacted.","sortOrder":260},{"sectionNumber":"sec.216","sectionType":"section","heading":"Deemed eligible persons carrying on existing pharmacy businesses","content":"### sec.216 Deemed eligible persons carrying on existing pharmacy businesses\n\nThis section applies in relation to an existing pharmacy business if the person who owned the business immediately before the commencement is a deemed eligible person.\nThe person may continue to own and carry on the existing pharmacy business, without holding a pharmacy business licence for the business, until—\nthe day that is 2 years after the commencement; or\nif the person applies for a pharmacy business licence for the business under this Act before the day mentioned in paragraph (a) —the day the application is decided or withdrawn.\nHowever, subsection (3) stops applying to the person if the person stops being a deemed eligible person.\nRepealed sections 139C to 139G continue to apply in relation to the existing pharmacy business as if this Act had not been enacted.\nFor any period a person may continue to own, and carry on, an existing pharmacy business under this section—\nsections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the business; and\nrepealed sections 139I , 141 , 141A and 141B continue to apply in relation to the business as if this Act had not been enacted.\n(sec.216-ssec.1) This section applies in relation to an existing pharmacy business if the person who owned the business immediately before the commencement is a deemed eligible person.\n(sec.216-ssec.2) The person may continue to own and carry on the existing pharmacy business, without holding a pharmacy business licence for the business, until— the day that is 2 years after the commencement; or if the person applies for a pharmacy business licence for the business under this Act before the day mentioned in paragraph (a) —the day the application is decided or withdrawn.\n(sec.216-ssec.3) However, subsection (3) stops applying to the person if the person stops being a deemed eligible person.\n(sec.216-ssec.4) Repealed sections 139C to 139G continue to apply in relation to the existing pharmacy business as if this Act had not been enacted.\n(sec.216-ssec.5) For any period a person may continue to own, and carry on, an existing pharmacy business under this section— sections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the business; and repealed sections 139I , 141 , 141A and 141B continue to apply in relation to the business as if this Act had not been enacted.\n- (a) the day that is 2 years after the commencement; or\n- (b) if the person applies for a pharmacy business licence for the business under this Act before the day mentioned in paragraph (a) —the day the application is decided or withdrawn.\n- (a) sections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the business; and\n- (b) repealed sections 139I , 141 , 141A and 141B continue to apply in relation to the business as if this Act had not been enacted.","sortOrder":261},{"sectionNumber":"sec.217","sectionType":"section","heading":"Particular material interests in existing pharmacy businesses held by particular corporations","content":"### sec.217 Particular material interests in existing pharmacy businesses held by particular corporations\n\nThis section applies to a corporation that holds a material interest in an existing pharmacy business owned by a deemed eligible person under section 216 as—\na shareholder of the deemed eligible person; or\na beneficiary of a trust of which the deemed eligible person is trustee.\nThe corporation, and its shareholders, do not commit an offence against section 16 in relation to holding the material interest.\nSubsection (2) applies only while the deemed eligible person is carrying on the existing pharmacy business under section 216 .\n(sec.217-ssec.1) This section applies to a corporation that holds a material interest in an existing pharmacy business owned by a deemed eligible person under section 216 as— a shareholder of the deemed eligible person; or a beneficiary of a trust of which the deemed eligible person is trustee.\n(sec.217-ssec.2) The corporation, and its shareholders, do not commit an offence against section 16 in relation to holding the material interest.\n(sec.217-ssec.3) Subsection (2) applies only while the deemed eligible person is carrying on the existing pharmacy business under section 216 .\n- (a) a shareholder of the deemed eligible person; or\n- (b) a beneficiary of a trust of which the deemed eligible person is trustee.","sortOrder":262},{"sectionNumber":"sec.218","sectionType":"section","heading":"Interests in existing pharmacy businesses held by beneficiaries of discretionary trusts","content":"### sec.218 Interests in existing pharmacy businesses held by beneficiaries of discretionary trusts\n\nThis section applies if—\nimmediately before the commencement—\nthe owner of an existing pharmacy business owned the business as trustee of a discretionary trust; or\na person held shares in the owner of an existing pharmacy business as trustee of a discretionary trust; and\non the commencement, the owner continues to own and carry on the business under section 215 or 216 .\nA beneficiary of the trust who is not a practising pharmacist or a close adult relative of a practising pharmacist does not commit an offence against section 16 in relation to holding an interest in the existing pharmacy business because of the trust.\nAlso, if a beneficiary of the trust is a practising pharmacist or a close adult relative of a practising pharmacist, the beneficiary’s interest in the existing pharmacy business because of the trust is not to be included in the number of interests the beneficiary holds in pharmacy businesses.\nSubsections (2) and (3) apply in relation to an existing pharmacy business owned by an eligible person until—\nthe day that is 2 years after the commencement; or\nif any of the following happens before the day mentioned in paragraph (a) , when the following happens—\nthe owner does not apply for a pharmacy business licence for the business within the period stated in section 215 (2) (a) ;\nthe owner’s application for a pharmacy business licence for the business is refused or withdrawn;\nthe owner’s pharmacy business licence for the business is cancelled.\nSubsections (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 .\ns 218 amd 2025 No. 21 s 37\n(sec.218-ssec.1) This section applies if— immediately before the commencement— the owner of an existing pharmacy business owned the business as trustee of a discretionary trust; or a person held shares in the owner of an existing pharmacy business as trustee of a discretionary trust; and on the commencement, the owner continues to own and carry on the business under section 215 or 216 .\n(sec.218-ssec.2) A beneficiary of the trust who is not a practising pharmacist or a close adult relative of a practising pharmacist does not commit an offence against section 16 in relation to holding an interest in the existing pharmacy business because of the trust.\n(sec.218-ssec.3) Also, if a beneficiary of the trust is a practising pharmacist or a close adult relative of a practising pharmacist, the beneficiary’s interest in the existing pharmacy business because of the trust is not to be included in the number of interests the beneficiary holds in pharmacy businesses.\n(sec.218-ssec.4) Subsections (2) and (3) apply in relation to an existing pharmacy business owned by an eligible person until— the day that is 2 years after the commencement; or if any of the following happens before the day mentioned in paragraph (a) , when the following happens— the owner does not apply for a pharmacy business licence for the business within the period stated in section 215 (2) (a) ; the owner’s application for a pharmacy business licence for the business is refused or withdrawn; the owner’s pharmacy business licence for the business is cancelled.\n(sec.218-ssec.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 .\n- (a) immediately before the commencement— (i) the owner of an existing pharmacy business owned the business as trustee of a discretionary trust; or (ii) a person held shares in the owner of an existing pharmacy business as trustee of a discretionary trust; and\n- (i) the owner of an existing pharmacy business owned the business as trustee of a discretionary trust; or\n- (ii) a person held shares in the owner of an existing pharmacy business as trustee of a discretionary trust; and\n- (b) on the commencement, the owner continues to own and carry on the business under section 215 or 216 .\n- (i) the owner of an existing pharmacy business owned the business as trustee of a discretionary trust; or\n- (ii) a person held shares in the owner of an existing pharmacy business as trustee of a discretionary trust; and\n- (a) the day that is 2 years after the commencement; or\n- (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.\n- (i) the owner does not apply for a pharmacy business licence for the business within the period stated in section 215 (2) (a) ;\n- (ii) the owner’s application for a pharmacy business licence for the business is refused or withdrawn;\n- (iii) the owner’s pharmacy business licence for the business is cancelled.\n- (i) the owner does not apply for a pharmacy business licence for the business within the period stated in section 215 (2) (a) ;\n- (ii) the owner’s application for a pharmacy business licence for the business is refused or withdrawn;\n- (iii) the owner’s pharmacy business licence for the business is cancelled.","sortOrder":263},{"sectionNumber":"sec.219","sectionType":"section","heading":"Particular provision for pharmacy businesses owned by existing holders of non-practising registration","content":"### sec.219 Particular provision for pharmacy businesses owned by existing holders of non-practising registration\n\nSubsection (2) applies to a person who, immediately before the commencement—\nheld a non-practising registration; and\nowned or held an interest in an existing pharmacy business.\nThe person is taken, for the purposes of this Act, to be a practising pharmacist in relation to the pharmacy business until the earlier of—\nthe day the person stops holding the non-practising registration; or\nthe day that is 2 years after the commencement.\nIn this section—\nnon-practising registration means a non-practising registration in the pharmacy profession under the Health Practitioner Regulation National Law.\n(sec.219-ssec.1) Subsection (2) applies to a person who, immediately before the commencement— held a non-practising registration; and owned or held an interest in an existing pharmacy business.\n(sec.219-ssec.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— the day the person stops holding the non-practising registration; or the day that is 2 years after the commencement.\n(sec.219-ssec.3) In this section— non-practising registration means a non-practising registration in the pharmacy profession under the Health Practitioner Regulation National Law.\n- (a) held a non-practising registration; and\n- (b) owned or held an interest in an existing pharmacy business.\n- (a) the day the person stops holding the non-practising registration; or\n- (b) the day that is 2 years after the commencement.","sortOrder":264},{"sectionNumber":"sec.220","sectionType":"section","heading":"Particular provision for existing pharmacy businesses carried on at or from premises in, or directly accessible from, supermarkets","content":"### sec.220 Particular provision for existing pharmacy businesses carried on at or from premises in, or directly accessible from, supermarkets\n\nThis section applies to premises if—\na pharmacy business was being carried on at or from premises on the day this Act received assent; and\nsince 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\nthe premises—\nare in, or are directly accessible from, a supermarket; and\nwould, other than for subparagraph (i) , be authorised premises.\nThe premises are taken, for the purposes of this Act, to be authorised premises.\nIn this section—\nsupermarket see section 11 (3) .\n(sec.220-ssec.1) This section applies to premises if— a pharmacy business was being carried on at or from premises on the day this Act received assent; and 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 the premises— are in, or are directly accessible from, a supermarket; and would, other than for subparagraph (i) , be authorised premises.\n(sec.220-ssec.2) The premises are taken, for the purposes of this Act, to be authorised premises.\n(sec.220-ssec.3) In this section— supermarket see section 11 (3) .\n- (a) a pharmacy business was being carried on at or from premises on the day this Act received assent; and\n- (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\n- (c) the premises— (i) are in, or are directly accessible from, a supermarket; and (ii) would, other than for subparagraph (i) , be authorised premises.\n- (i) are in, or are directly accessible from, a supermarket; and\n- (ii) would, other than for subparagraph (i) , be authorised premises.\n- (i) are in, or are directly accessible from, a supermarket; and\n- (ii) would, other than for subparagraph (i) , be authorised premises.","sortOrder":265},{"sectionNumber":"sec.221","sectionType":"section","heading":"Continued limited ownership or operation of pharmacy businesses","content":"### sec.221 Continued limited ownership or operation of pharmacy businesses\n\nThis section applies if, immediately before the commencement—\na person continued to own or operate a pharmacy business under repealed section 139C , 139D , 139E or 139F ; and\nthe period for which the person could continue to own or operate the business under that repealed section had not ended.\nUntil the period mentioned in subsection (1) (b) ends—\nsections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the pharmacy business; and\nrepealed sections 139I , 141 , 141A and 141B continue to apply in relation to the business as if—\nthe sections had not been repealed; and\neach reference in the sections to the chief executive were a reference to the council.\ns 221 amd 2025 No. 21 s 38\n(sec.221-ssec.1) This section applies if, immediately before the commencement— a person continued to own or operate a pharmacy business under repealed section 139C , 139D , 139E or 139F ; and the period for which the person could continue to own or operate the business under that repealed section had not ended.\n(sec.221-ssec.2) Until the period mentioned in subsection (1) (b) ends— sections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the pharmacy business; and repealed sections 139I , 141 , 141A and 141B continue to apply in relation to the business as if— the sections had not been repealed; and each reference in the sections to the chief executive were a reference to the council.\n- (a) a person continued to own or operate a pharmacy business under repealed section 139C , 139D , 139E or 139F ; and\n- (b) the period for which the person could continue to own or operate the business under that repealed section had not ended.\n- (a) sections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the pharmacy business; and\n- (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.\n- (i) the sections had not been repealed; and\n- (ii) each reference in the sections to the chief executive were a reference to the council.\n- (i) the sections had not been repealed; and\n- (ii) each reference in the sections to the chief executive were a reference to the council.","sortOrder":266},{"sectionNumber":"sec.222","sectionType":"section","heading":"Approvals for continued ownership of pharmacy businesses if registration suspended or cancelled","content":"### sec.222 Approvals for continued ownership of pharmacy businesses if registration suspended or cancelled\n\nThis 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) .\nOn the commencement, the chief executive must—\nnotify the council that the chief executive was considering whether to grant the approval under repealed section 139C (2) ; and\ngive the council all information that the chief executive has that is relevant to deciding whether to grant the approval.\nSubsection (2) (b) applies in addition to section 229A .\nThe council must decide whether to grant the approval having regard to—\nthe main purposes of this Act; and\nthe financial circumstances of the pharmacy business; and\nall information given to the council under subsection (2) ; and\nany other information the council considers relevant.\nHowever, the council may grant the approval for only 1 period of not more than 3 months.\nFor the period of any approval under subsection (5) under which a person may continue to own an existing pharmacy business—\nsections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the pharmacy business; and\nrepealed sections 139I , 141 , 141A and 141B continue to apply in relation to the business as if this Act had not been enacted.\ns 222 amd 2025 No. 21 s 39\n(sec.222-ssec.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) .\n(sec.222-ssec.2) On the commencement, the chief executive must— notify the council that the chief executive was considering whether to grant the approval under repealed section 139C (2) ; and give the council all information that the chief executive has that is relevant to deciding whether to grant the approval.\n(sec.222-ssec.3) Subsection (2) (b) applies in addition to section 229A .\n(sec.222-ssec.4) The council must decide whether to grant the approval having regard to— the main purposes of this Act; and the financial circumstances of the pharmacy business; and all information given to the council under subsection (2) ; and any other information the council considers relevant.\n(sec.222-ssec.5) However, the council may grant the approval for only 1 period of not more than 3 months.\n(sec.222-ssec.6) For the period of any approval under subsection (5) under which a person may continue to own an existing pharmacy business— sections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the pharmacy business; and repealed sections 139I , 141 , 141A and 141B continue to apply in relation to the business as if this Act had not been enacted.\n- (a) notify the council that the chief executive was considering whether to grant the approval under repealed section 139C (2) ; and\n- (b) give the council all information that the chief executive has that is relevant to deciding whether to grant the approval.\n- (a) the main purposes of this Act; and\n- (b) the financial circumstances of the pharmacy business; and\n- (c) all information given to the council under subsection (2) ; and\n- (d) any other information the council considers relevant.\n- (a) sections 15 , 16 and 19 do not apply in relation to the person owning, or carrying on, the pharmacy business; and\n- (b) repealed sections 139I , 141 , 141A and 141B continue to apply in relation to the business as if this Act had not been enacted.","sortOrder":267},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Employment terms and conditions of particular council employees","content":"## Employment terms and conditions of particular council employees","sortOrder":268},{"sectionNumber":"sec.223","sectionType":"section","heading":"Application of subdivision","content":"### sec.223 Application of subdivision\n\nThis subdivision applies in relation to a person who—\nimmediately before the commencement, was a health senior officer; and\nafter 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 .\nHowever, this subdivision stops applying in relation to the person if, after the transfer, the council promotes the person.\nThis subdivision applies despite any other Act.\ns 223 sub 2025 No. 13 s 8C\n(sec.223-ssec.1) This subdivision applies in relation to a person who— immediately before the commencement, was a health senior officer; and 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 .\n(sec.223-ssec.2) However, this subdivision stops applying in relation to the person if, after the transfer, the council promotes the person.\n(sec.223-ssec.3) This subdivision applies despite any other Act.\n- (a) immediately before the commencement, was a health senior officer; and\n- (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 .","sortOrder":269},{"sectionNumber":"sec.224","sectionType":"section","heading":"Terms and conditions of employment","content":"### sec.224 Terms and conditions of employment\n\nThe 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 .\nSee 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.\nFor subsection (1), the decision of the chief executive about the terms and conditions is taken to apply—\nto the person to the same extent the decision applied to the person as a health senior officer immediately before the transfer; and\nto 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.\nIf 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.\ns 224 sub 2025 No. 13 s 8C\n(sec.224-ssec.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 . 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.\n(sec.224-ssec.2) For subsection (1), the decision of the chief executive about the terms and conditions is taken to apply— to the person to the same extent the decision applied to the person as a health senior officer immediately before the transfer; and 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.\n(sec.224-ssec.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.\n- (a) to the person to the same extent the decision applied to the person as a health senior officer immediately before the transfer; and\n- (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.","sortOrder":270},{"sectionNumber":"sec.225","sectionType":"section","heading":"Application of subdivision","content":"### sec.225 Application of subdivision\n\nThis subdivision applies in relation to a person who—\nimmediately before the commencement, was a health service employee other than a health senior officer; and\nafter 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 .\nHowever, 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.\nAlso, this subdivision stops applying in relation to the person if, after the transfer—\nthe council promotes the person; or\na certified agreement, covering the person as a member of the council’s staff, takes effect.\nThis subdivision applies despite any other Act.\ns 225 sub 2025 No. 13 s 8C\n(sec.225-ssec.1) This subdivision applies in relation to a person who— immediately before the commencement, was a health service employee other than a health senior officer; and 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 .\n(sec.225-ssec.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.\n(sec.225-ssec.3) Also, this subdivision stops applying in relation to the person if, after the transfer— the council promotes the person; or a certified agreement, covering the person as a member of the council’s staff, takes effect.\n(sec.225-ssec.4) This subdivision applies despite any other Act.\n- (a) immediately before the commencement, was a health service employee other than a health senior officer; and\n- (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 .\n- (a) the council promotes the person; or\n- (b) a certified agreement, covering the person as a member of the council’s staff, takes effect.","sortOrder":271},{"sectionNumber":"sec.226","sectionType":"section","heading":"Terms and conditions of employment","content":"### sec.226 Terms and conditions of employment\n\nThe 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—\nthe certified agreement called ‘Queensland Public Health Sector Certified Agreement (No. 11) 2022’;\nthe award under the Industrial Relations Act 2016 called ‘Hospital and Health Service General Employees (Queensland Health) Award – State 2015’.\nFor subsection (1), an instrument mentioned in the subsection is taken to apply—\nto 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\nto 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.\nIf 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.\ns 226 sub 2025 No. 13 s 8C\n(sec.226-ssec.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— the certified agreement called ‘Queensland Public Health Sector Certified Agreement (No. 11) 2022’; the award under the Industrial Relations Act 2016 called ‘Hospital and Health Service General Employees (Queensland Health) Award – State 2015’.\n(sec.226-ssec.2) For subsection (1), an instrument mentioned in the subsection is taken to apply— 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 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.\n(sec.226-ssec.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.\n- (a) the certified agreement called ‘Queensland Public Health Sector Certified Agreement (No. 11) 2022’;\n- (b) the award under the Industrial Relations Act 2016 called ‘Hospital and Health Service General Employees (Queensland Health) Award – State 2015’.\n- (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\n- (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.","sortOrder":272},{"sectionNumber":"sec.227","sectionType":"section","heading":"Application of subdivision","content":"### sec.227 Application of subdivision\n\nThis subdivision applies in relation to a person, other than a person mentioned in section 225(1), if—\nthe person is employed by the council as an officer; and\na certified agreement, covering the person as a member of the council’s staff, has not taken effect.\nThis subdivision applies despite any other Act.\ns 227 sub 2025 No. 13 s 8C\n(sec.227-ssec.1) This subdivision applies in relation to a person, other than a person mentioned in section 225(1), if— the person is employed by the council as an officer; and a certified agreement, covering the person as a member of the council’s staff, has not taken effect.\n(sec.227-ssec.2) This subdivision applies despite any other Act.\n- (a) the person is employed by the council as an officer; and\n- (b) a certified agreement, covering the person as a member of the council’s staff, has not taken effect.","sortOrder":273},{"sectionNumber":"sec.228","sectionType":"section","heading":"Terms and conditions of employment","content":"### sec.228 Terms and conditions of employment\n\nThe 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—\nthe certified agreement called ‘Queensland Public Health Sector Certified Agreement (No. 11) 2022’;\nthe award under the Industrial Relations Act 2016 called ‘Queensland Public Service Officers and Other Employees Award – State 2015’.\nFor subsection (1), an instrument mentioned in the subsection is taken to apply—\nto 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\nto 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.\nIf 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.\ns 228 sub 2025 No. 13 s 8C\n(sec.228-ssec.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— the certified agreement called ‘Queensland Public Health Sector Certified Agreement (No. 11) 2022’; the award under the Industrial Relations Act 2016 called ‘Queensland Public Service Officers and Other Employees Award – State 2015’.\n(sec.228-ssec.2) For subsection (1), an instrument mentioned in the subsection is taken to apply— 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 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.\n(sec.228-ssec.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.\n- (a) the certified agreement called ‘Queensland Public Health Sector Certified Agreement (No. 11) 2022’;\n- (b) the award under the Industrial Relations Act 2016 called ‘Queensland Public Service Officers and Other Employees Award – State 2015’.\n- (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\n- (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.","sortOrder":274},{"sectionNumber":"sec.229","sectionType":"section","heading":"Preservation of rights of transferring health service employees","content":"### sec.229 Preservation of rights of transferring health service employees\n\nThis section applies to a person mentioned in section 223(1) or 225(1).\nThe transfer of the person to the council does not—\naffect the person’s benefits, entitlements or remuneration; or\nprejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt 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\nentitle the person to a payment or other benefit from the State because the person is no longer employed by Queensland Health.\nThis 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.\ns 229 sub 2025 No. 13 s 8C\n(sec.229-ssec.1) This section applies to a person mentioned in section 223(1) or 225(1).\n(sec.229-ssec.2) The transfer of the person to the council does not— affect the person’s benefits, entitlements or remuneration; or prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or 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 entitle the person to a payment or other benefit from the State because the person is no longer employed by Queensland Health.\n(sec.229-ssec.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.\n- (a) affect the person’s benefits, entitlements or remuneration; or\n- (b) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (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\n- (d) entitle the person to a payment or other benefit from the State because the person is no longer employed by Queensland Health.","sortOrder":275},{"sectionNumber":"pt.14-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":276},{"sectionNumber":"sec.229A","sectionType":"section","heading":"Notice of existing pharmacy business information","content":"### sec.229A Notice of existing pharmacy business information\n\nOn the commencement, the chief executive must give the council a notice of existing pharmacy business information.\nThe notice must contain the following information held by the chief executive immediately before the commencement—\nthe name and contact details of—\neach existing pharmacy business; and\neach person who owned an existing pharmacy business;\nfor 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.\ns 229A ins 2025 No. 21 s 40\n(sec.229A-ssec.1) On the commencement, the chief executive must give the council a notice of existing pharmacy business information.\n(sec.229A-ssec.2) The notice must contain the following information held by the chief executive immediately before the commencement— the name and contact details of— each existing pharmacy business; and each person who owned an existing pharmacy business; 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.\n- (a) the name and contact details of— (i) each existing pharmacy business; and (ii) each person who owned an existing pharmacy business;\n- (i) each existing pharmacy business; and\n- (ii) each person who owned an existing pharmacy business;\n- (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.\n- (i) each existing pharmacy business; and\n- (ii) each person who owned an existing pharmacy business;","sortOrder":277},{"sectionNumber":"sec.229B","sectionType":"section","heading":"Particular references to licensed pharmacy businesses for appointing council members","content":"### sec.229B Particular references to licensed pharmacy businesses for appointing council members\n\nFrom 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 .\ns 229B ins 2025 No. 21 s 40","sortOrder":278},{"sectionNumber":"sec.230","sectionType":"section","heading":"Proceedings for particular offence","content":"### sec.230 Proceedings for particular offence\n\nThis section applies in relation to an offence against repealed section 139B committed by a person before the commencement.\nThe person may not be convicted of or punished for the offence unless the person was charged with the offence before the commencement.\nIf 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.\n(sec.230-ssec.1) This section applies in relation to an offence against repealed section 139B committed by a person before the commencement.\n(sec.230-ssec.2) The person may not be convicted of or punished for the offence unless the person was charged with the offence before the commencement.\n(sec.230-ssec.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.","sortOrder":279},{"sectionNumber":"sec.231","sectionType":"section","heading":"Seized things","content":"### sec.231 Seized things\n\nThis section applies if, immediately before the commencement, a thing seized under repealed section 159 or 160 was being kept under the repealed Act.\nRepealed part 3 , division 3 , subdivision 4 continues to apply in relation to the thing as if this Act had not been enacted.\n(sec.231-ssec.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.\n(sec.231-ssec.2) Repealed part 3 , division 3 , subdivision 4 continues to apply in relation to the thing as if this Act had not been enacted.","sortOrder":280},{"sectionNumber":"sec.232","sectionType":"section","heading":"Reviews of forfeiture decisions not decided","content":"### sec.232 Reviews of forfeiture decisions not decided\n\nThis section applies in relation to a review started under repealed section 181 before the commencement that had not been decided before the commencement.\nQCAT may continue to hear, and decide, the review under the repealed Act as if this Act had not been enacted.\n(sec.232-ssec.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.\n(sec.232-ssec.2) QCAT may continue to hear, and decide, the review under the repealed Act as if this Act had not been enacted.","sortOrder":281},{"sectionNumber":"sec.233","sectionType":"section","heading":"Existing review rights","content":"### sec.233 Existing review rights\n\nThis section applies if, immediately before the commencement—\na person could have, but had not, applied to QCAT for a review of a decision under repealed section 181 ; and\nthe period within which the person could apply for the review had not ended.\nThe 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.\n(sec.233-ssec.1) This section applies if, immediately before the commencement— a person could have, but had not, applied to QCAT for a review of a decision under repealed section 181 ; and the period within which the person could apply for the review had not ended.\n(sec.233-ssec.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.\n- (a) a person could have, but had not, applied to QCAT for a review of a decision under repealed section 181 ; and\n- (b) the period within which the person could apply for the review had not ended.","sortOrder":282},{"sectionNumber":"pt.14-div.5","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":283},{"sectionNumber":"sec.234","sectionType":"section","heading":"Repeal","content":"### sec.234 Repeal\n\nThe Pharmacy Business Ownership Act 2001 , No. 12 is repealed.\ns 234 reloc 2025 No. 29 s 74","sortOrder":284},{"sectionNumber":"pt.15","sectionType":"part","heading":"Transitional provisions for Health Legislation Amendment Act (No. 3) 2025","content":"# Transitional provisions for Health Legislation Amendment Act (No. 3) 2025","sortOrder":285},{"sectionNumber":"sec.235","sectionType":"section","heading":"Vacancy in office of council member","content":"### sec.235 Vacancy in office of council member\n\nSection 156(2) applies to a council member whether the member is appointed before or after the commencement.\ns 235 ins 2025 No. 29 s 75","sortOrder":286},{"sectionNumber":"sec.236","sectionType":"section","heading":"Vacancy in office of chief executive officer","content":"### sec.236 Vacancy in office of chief executive officer\n\nSection 171(2) applies to the chief executive officer whether the officer is appointed before or after the commencement.\ns 236 ins 2025 No. 29 s 75","sortOrder":287}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act was amended in 2025 (2025 No. 21) across multiple sections (ss 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14), indicating the scope and detail of the legislation evolved after initial passage. The 2025 amendments appear to have refined definitions (including the definition of 'pharmacy business' and 'material interest') and adjusted procedural rules around applications, suggesting the original scope was broadened or clarified — particularly around who holds material interests and what activities constitute carrying on a pharmacy business. The explicit exclusion of friendly society member interests from 'material interests' (s 13) and refined 'eligible person' criteria suggest the original drafting was tightened to close potential loopholes."},"complexity_factors":["Multiple interlocking categories of 'eligible persons' with different rules applying to each (pharmacists, corporations, friendly societies, named entity)","Layered definitions: 'material interest', 'owner', 'authorised premises', 'core pharmacy services' each have precise technical meanings that cascade through the Act","Complex corporate ownership rules — requires analysis of shareholder structures, voting rights, trust arrangements, and beneficiary interests","Multi-stage licensing process with separate procedures for: initial grants, renewals, restorations, adding/removing licence holders, changing premises, and changing named interests","Council has powers to act both on application and on its own initiative (e.g., removing licence holders, correcting records), with different procedural requirements for each","Show cause/natural justice procedures embedded within administrative decisions","Interaction with multiple other Queensland laws (Medicines and Poisons Act 2019, Health Practitioner Regulation National Law, Private Health Facilities Act, Hospital and Health Boards Act, Veterinary Surgeons Act, Corporations Act)","The distinction between what an 'owner' may do and what third parties may impose (section 22) requires careful reading to understand permitted vs prohibited commercial arrangements","Specific named exemptions (Mater Misericordiae, pre-2005 friendly societies) create grandfathering complexity","Joint licence holding provisions create cross-referenced obligations that require careful tracking"],"plain_english_summary":"The Pharmacy Business Ownership Act 2024 tightly restricts who can own or profit from Queensland pharmacies—primarily practising pharmacists, pharmacist-majority companies, certain friendly societies and a named charity—while largely excluding investors, corporations and supermarkets. It requires a licence, approved premises (not in supermarkets), a pharmacist on-site when open, bans contracts that let outsiders control clinical or supply decisions, and creates a new Queensland Pharmacy Business Ownership Council to regulate and enforce these rules.\n\nIt protects pharmacist independence, patient access to unbiased services, and limits corporate ownership."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This Act retains the original, stated focus on controlling pharmacy ownership to protect professional practice (see s3), but materially expands the administrative and enforcement architecture and transitional arrangements compared with a narrow ownership‑restriction statute. New, standing machinery is created: an independent Queensland Pharmacy Business Ownership Council with broad licensing, audit and enforcement functions (s143–s149, s147, part 8), an inspectorate with detailed powers (part 8), a dedicated fund for fees and enforcement (s178–s180), and tightly prescriptive application/notification and review procedures (pt 4; pt 10). The Act also introduces complex transitional governance (pt 14) — time‑limited grandfathering, \"deemed eligible\" corporations, and employment-transfer protections — which broaden the statute from simply imposing ownership limits to managing an ongoing regulatory regime, workforce transfers and phased implementation. Concretely, scope has expanded from setting ownership rules to building a regulatory agency, enforcement regime and extensive administrative processes (see s147, s93, s113, s125, s214–s221)."},"complexity_factors":["Approximately 236 numbered sections (extensive Act length and structure across 14+ parts)","Multiple defined terms and cross-references to other statutes (Health Practitioner Regulation National Law, Medicines and Poisons Act 2019, Corporations Act, Public Sector Act and others)","Many decision pathways: licensing application/renewal/restoration (pt 4), changes (subdivisions), suspension/cancellation (s65–66), internal review, QCAT review and court appeal (part 10)","Large number of notification and document/inspection deadlines (frequent 14‑day time limits in s26, s27, s39, s44, s50, s54, s60, s69, s75–81, s81)","Complex exemptions and transitional regimes (pt 14) including ‘deemed eligible persons’, supermarket exceptions, time-limited continuations, and many conditional carve‑outs","Extensive enforcement powers and procedural detail (part 8): entry, warrants, seize, hold, forfeit, disposal orders, evidential immunities and compensation provisions","Administrative discretion concentrated in the new council with many exercise points (fit and proper tests s28, s72; conditions s30; ministerial directions s149)","Interlocking corporate and trust rules for material interests and shareholders (s10, s13, s25, s53–57, s214, s217–s218)","Employment and transfer provisions for council staff (detailed industrial instruments and protections in pt 14, ss223–229)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a licensing regime for pharmacy businesses in Queensland. Owners must hold a current pharmacy business licence to own a pharmacy (s15, s19, s31). Licences are applied for, renewed and can be varied, suspended or cancelled by the new Queensland Pharmacy Business Ownership Council (the council) (part 4; s147).\n- Limits who may own a pharmacy or hold a \"material interest\" (an ownership-like economic interest) in one. Eligible holders are largely practising pharmacists and certain closely related corporate or friendly-society structures; non-eligible people are generally excluded (s10, s13, s16). A person may not hold interests in more than a capped number of pharmacies (5 for most people; 6 for some friendly-society corporations) (s17).\n- Restricts where a licensed pharmacy may operate: premises must be \"authorised premises\" (not in or directly accessible from a supermarket, unless a narrow transitional exception applies) and must meet standards set by regulation (s11, s20).\n- Prohibits third parties (anyone other than the owner) from controlling how the pharmacy provides medicines to the public, from restricting the types of medicines or certain health services the business may provide, from requiring particular suppliers be used, or from imposing medicine sales targets (s22). Contract clauses purporting to permit such control are void (s22(3)).\n- Creates the Queensland Pharmacy Business Ownership Council to decide licence matters, monitor compliance and enforce the Act (s143–s149, s147). The Minister may give written directions on general matters but not about specific persons, applications or proceedings (s149).\n- Gives inspectors broad entry, search, seizure and information‑gathering powers for enforcement, including warrant procedure, seizure and forfeiture, production requirements and penalties for non-compliance (part 8; s101–s136; s116–s129). The Act includes procedures for internal review, external review (QCAT) and appeals to court (part 10; s186–s195).\n- Establishes a council fund to receive licence fees, other receipts and appropriations and to finance administration and enforcement (s178–s180).\n- Provides numerous operational obligations and time-bound notification duties for licence-holders: e.g. report convictions, changes to shares or material interests, changes of contact details, temporary closures and hire of practising pharmacists (s75–s81, s88). Many routine requests for documents and premises inspections have strict timelines (often 14 days) (e.g. s26, s27, s39, s44, s50).\n- Contains transitional arrangements, including time‑limited grandfathering for existing pharmacies and corporations that do not meet the new eligibility rules (deemed eligible persons), special rules for businesses in supermarkets that were operating before commencement, and detailed staff-transfer and employment protections for council staff transferred from Queensland Health (pt 14; s214–s236).\n\n**Who it affects**\n\n- Practising pharmacists who wish to own pharmacies, and close adult relatives who can hold interests in certain limited circumstances (s10, s16).\n- Corporations that own pharmacies (directors/shareholders must meet eligibility tests in many cases) and friendly societies specially enumerated (s10, s214).\n- Existing pharmacy owners — there are transitional carve-outs and time-limited periods to apply for licences (s215, s216, s220).\n- Suppliers, pharmacy groups and non-owner commercial partners who previously exercised commercial control over pharmacy operations — the Act prohibits some forms of third-party control (s22).\n- The new council, its staff and inspectors (part 9; part 8).\n- Consumers indirectly, because the rules determine who can own/operate pharmacies, where pharmacies may be located, and what commercial arrangements are permitted.\n\n**Why it matters (policy mechanics, incentives and trade-offs)**\n\n- Primary stated purpose: to promote professional, safe and competent provision of pharmacy services and maintain public confidence in the profession (s3). Mechanically, it does this by limiting ownership to people/structures tied to practising pharmacists (s10–s17) and by stopping third‑party commercial control that could influence medicine provision (s22).\n\n- Who pays: licence applicants and holders pay fees (to be prescribed by regulation) and bear inspection, compliance and administrative costs (see s25, s27, s179–s180). The council is funded from those fees, other receipts and parliamentary appropriation (s179–s180).\n\n- Who decides: the council decides licences, conditions, suspensions, cancellations, approvals for temporary operation, and enforces the Act (s147, s28–s31, s63–s66, s83–s88). Inspectors (appointed by the council) carry out investigations and seizures under the Act (s93–s96, part 8). The Minister retains capacity to give general directions to the council (s149) and to request criminal history checks for appointments (s181).\n\n- Behaviour the law changes:\n  - Reduces the ability of external investors or non-pharmacist corporations to own or materially profit from pharmacies (s10, s16, s13).\n  - Caps the number of pharmacies any person/entity can be materially involved in (s17), which limits scaling/chain ownership.\n  - Prevents non-owners (for example, retail or healthcare corporates) from dictating medicine supply, imposing sales targets for medicines or limiting health services (s22), preserving in-practice professional control.\n  - Imposes frequent administrative duties (notifications, audits, give‑access requirements), increasing compliance workloads (s26, s27, s50, s81, s208).\n\n- Trade-offs and opportunity costs:\n  - Limiting ownership and capping holdings concentrates the benefit to eligible pharmacists and certain friendly-society/corporate forms (s10, s214). Those who lose or cannot obtain access to capital markets (outside pharmacist-controlled structures) may be unable to expand or buy pharmacies.\n  - The rules may reduce some commercial integration options (franchising, vertical supply arrangements) where they would conflict with the Act (s22), but the Act explicitly preserves some operational controls (opening hours, marketing, IT) for non-owners (s22(2)).\n  - Compliance and administrative costs (application fees, inspection fees, auditing, time-limited information requests) fall on licence-holders and may raise operating costs; consumers do not pay fees directly to the council but costs could affect pricing or investment incentives.\n\n- Implementation and enforcement risks:\n  - The council must be resourced and staffed to run licensing, audits and inspector functions (s147, s173, s175). Capacity constraints could delay applications or enforcement decisions.\n  - The Act creates substantial discretionary decision-making for the council (e.g. fit and proper tests at s28, s72; conditions at s30, s42, s63). That discretion requires clear policy and consistent procedures to reduce unpredictable outcomes and legal challenges.\n  - Transitional rules are complex (pt 14: s214–s221) and create staggered deadlines and time-limited exceptions (e.g. 1-year or 2-year continuations under s215–s216). Managing those deadlines and determining who is a \"deemed eligible person\" will require administrative attention and could produce litigation if handled inconsistently.\n\n- Compliance burden and enforcement mechanics:\n  - Numerous mandatory notifications with short timeframes (commonly 14 days) for convictions, changes of shares, material interests, contact details, temporary closures, and other matters (s75–s81, s79). Penalties for breaches range from modest fines up to 200 penalty units for ownership/licensing breaches (s15, s17, s19, s70).\n  - Inspectors have broad powers (entry, search, seize, require documents and information, compel assistance, impose restrictions on seized items) together with standard protections and limited evidential immunities (part 8; s113–s136; s142). Court orders and disposal orders are available for seized items (s129).\n\n- Concentrated benefits and diffuse costs:\n  - Benefits are concentrated to pharmacists and specific friendly-society entities that can own and control pharmacies (s10, s214). Costs from reduced investment opportunities, higher compliance overhead and potential changes in service models are spread across investors, pharmacy groups and potentially consumers.\n\n**Key procedural features (practical highlights)**\n\n- Applications and information: the council may request documents and inspect premises; many requests have 14‑day return periods (s26–s27, s50). Failure to comply often results in the application being taken to have been withdrawn.\n- Fit and proper test: the council must assess whether applicants/holders are fit and proper (s28, s72) and may request criminal history reports with consent (s73, s181).\n- Conditions and enforcement: licences can carry conditions (s30). The council can suspend (up to 90 days) or cancel licences on listed grounds (s65–s66) and may act immediately if a business poses an immediate risk to public health or safety (s68).\n- Review and appeal: internal review by the council is required before external review in many cases (s186–s189); QCAT and courts have review/appeal roles (part 10; s192–s195).\n\n**Sections to note for quick reference**\n- Licensing and ownership limits: s15, s16, s17, s19, s20\n- Prohibited third‑party controls: s22\n- Council powers and functions: s143–s149, s147\n- Inspector powers, entry and seizure: part 8 (s101–s129)\n- Transitional grandfathering and deemed eligible persons: pt 14 (s214–s221)\n- Penalties for common breaches: s15 (200 penalty units), s17 (200 penalty units), s22 (200 penalty units), s21 (50 penalty units), various notification offences 50–100 penalty units (s71, s75, s76)\n\n(If you want, I can produce a checklist for a pharmacy owner or a corporate adviser summarising immediate compliance steps and timeframes under the Act, with the exact sections cited.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":629},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purposes of promoting professional pharmacy services and maintaining public confidence. The scope covers pharmacy business ownership, licensing, and operation as originally intended, with detailed provisions for enforcement and administration through the Queensland Pharmacy Business Ownership Council."},"complexity_factors":["Multiple defined terms with nested definitions (e.g., 'eligible person', 'material interest', 'authorised premises', 'practising pharmacist')","Extensive cross-referencing between sections (e.g., sections 15-22 reference each other and definitions in sections 7-14)","Conditional logic with multiple exceptions (e.g., section 20 allows off-site services only under specific conditions)","Layered ownership structures permitted (individuals, corporations, trusts, friendly societies) with different rules for each","Transitional provisions creating parallel regimes for existing businesses","Multiple amendment references (2025 No. 21, 2025 No. 29) indicating evolving legislative framework","Detailed procedural requirements for applications, renewals, and changes with strict time limits","Executive officer liability provisions creating deemed liability for corporate offences","Complex review and appeal pathways (internal review, QCAT, Magistrates Court) with different rules for different decision types"],"plain_english_summary":"This Queensland legislation regulates who can own and operate pharmacy businesses in the state. **Key points:**\n\n**Who can own a pharmacy?**\n- Only \"eligible persons\" can own pharmacy businesses or hold material interests in them\n- Eligible persons include: practising pharmacists, corporations where all directors/shareholders are practising pharmacists, corporations where practising pharmacists hold majority shares and all voting shares (with close adult relatives allowed as minority shareholders), specific friendly societies that operated pharmacies before April 2005, and Mater Misericordiae Ltd\n\n**Ownership limits:**\n- Most people can hold interests in maximum 5 pharmacy businesses\n- Friendly societies and Mater Misericordiae Ltd can hold interests in maximum 6 businesses\n\n**Licensing requirements:**\n- All pharmacy businesses must hold a pharmacy business licence from the Queensland Pharmacy Business Ownership Council\n- Licences last up to 1 year and must be renewed\n- Premises must be \"authorised premises\" — meaning not located in or directly accessible from supermarkets, and meeting prescribed standards\n\n**Operational rules:**\n- A qualified pharmacist must be personally present whenever the pharmacy is open (with limited exceptions)\n- Pharmacy businesses cannot be located in supermarkets\n- Third parties cannot control how medicines are dispensed, restrict services, require specific suppliers, or impose sales targets\n\n**Enforcement:**\n- The Council can suspend or cancel licences for breaches\n- Inspectors have powers to enter premises, seize evidence, and require documents\n- Offences carry penalties up to 200 penalty units\n\n**Why it matters:**\nThis law aims to keep pharmacy ownership in the hands of qualified pharmacists rather than large corporate chains or supermarkets, maintaining professional standards and public confidence in pharmacy services."}},"importantCases":[],"_links":{"self":"/api/acts/pharmacy-business-ownership-act-2024","history":"/api/acts/pharmacy-business-ownership-act-2024/history","analysis":"/api/acts/pharmacy-business-ownership-act-2024/analysis","conflicts":"/api/acts/pharmacy-business-ownership-act-2024/conflicts","importantCases":"/api/acts/pharmacy-business-ownership-act-2024/important-cases","documents":"/api/acts/pharmacy-business-ownership-act-2024/documents"}}