Health Legislation Amendment Bill (No. 2) 2025

Queensland Health Legislation Amendment Bill (No. 2) 2025

Queensland Health Legislation Amendment Bill (No. 2) 2025 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Pharmacy Business Ownership Act 2024 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Amendment of s 8 (What is a pharmacy business) . . . . . . . . . . . 6 4 Amendment of s 13 (What is a material interest in a pharmacy business) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Amendment of s 16 (Who may hold material interest in pharmacy business) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of s 20 (Licensed pharmacy business must be carried on at or from licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 25 (Requirements for application) . . . . . . . . . . 7 8 Amendment of s 26 (Requesting further information or document) 7 9 Amendment of s 27 (Requesting inspection of premises) . . . . . . 8 10 Amendment of s 39 (Requesting further information or document) 8 11 Replacement of s 40 (Criteria for grant) . . . . . . . . . . . . . . . . . . . 8 40 Criteria for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Amendment of s 44 (Requesting further information or document) 9 13 Amendment of s 50 (Requesting further information, document or inspection of premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14 Amendment of s 54 (Requesting further information or document) 10 15 Amendment of s 60 (Requesting further information or document) 10 16 Amendment of s 69 (Surrender) . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Insertion of new s 73A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 73A Exchange of information . . . . . . . . . . . . . . . . . . . . . . 11 18 Amendment of s 80 (Notification of temporary closure of licensed pharmacy business) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Contents Health Legislation Amendment Bill (No. 2) 2025 Page 2 Authorised by the Parliamentary Counsel 19 Amendment of s 88 (Requirements for temporary operators of pharmacy businesses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Amendment of s 128 (How property may be dealt with) . . . . . . . 12 21 Replacement of s 145 (Council does not represent the State) . . 13 145 Council represents the State . . . . . . . . . . . . . . . . . . . 13 22 Amendment of s 149 (Direction by Minister) . . . . . . . . . . . . . . . . 13 23 Replacement of s 183 (Report about council’s functions) . . . . . . 13 183 Annual report to include particular matters . . . . . . . . 13 24 Amendment of s 185 (Definitions for part) . . . . . . . . . . . . . . . . . . 14 25 Insertion of new s 185A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 185A Application of division . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Amendment of s 189 (Internal review) . . . . . . . . . . . . . . . . . . . . 14 27 Replacement of s 190 (Stay of operation of seizure or forfeiture decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 190 Stay of operation of seizure decision or forfeiture decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 28 Amendment of s 191 (Stay of operation of other original decision) 16 29 Amendment of s 192 (Applying for external review) . . . . . . . . . . 16 30 Amendment of s 193 (Appealing internal review decision) . . . . . 17 31 Amendment of s 194 (Powers of court on appeal) . . . . . . . . . . . 17 32 Replacement of s 195 (Effect of court’s decision on appeal) . . . 18 195 Effect of court’s decision on appeal . . . . . . . . . . . . . . 18 33 Amendment of s 206 (Disclosure of confidential information to entities performing relevant functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 34 Replacement of s 207 (Council must keep register of licensed pharmacy businesses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 207 Council must keep register of pharmacy business licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 35 Omission of s 209 (Council must publish report about compliance and audits for financial year) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 36 Omission of s 210 (Protection from liability) . . . . . . . . . . . . . . . . 20 37 Amendment of s 218 (Interests in existing pharmacy businesses held by beneficiaries of discretionary trusts) . . . . . . . . . . . . . . . . . . . . . . 20 38 Amendment of s 221 (Continued limited ownership or operation of pharmacy businesses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 39 Amendment of s 222 (Approvals for continued ownership of pharmacy businesses if registration suspended or cancelled) . . . . . . . . . . . 21 40 Insertion of new ss 229A and 229B . . . . . . . . . . . . . . . . . . . . . . . 22

Contents Health Legislation Amendment Bill (No. 2) 2025 Page 3 Authorised by the Parliamentary Counsel 229A Notice of existing pharmacy business information . . 22 229B Particular references to licensed pharmacy businesses for appointing council members . . . . . . . . . . . . . . . . . . . 23 41 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 3 Amendment of Public Health Act 2005 42 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 43 Amendment of s 43 (Powers of authorised persons after entry) . 25 44 Replacement of ch 6, pt 3A (Notifiable dust lung diseases) . . . . 26 Part 3A Notifiable occupational respiratory diseases Division 1 Notifying information for national registry 279AA Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . 26 279AB Obligation to notify Commonwealth chief medical officer 26 279AC Authorisation relating to information in national registry 27 Division 2 Historical dust lung disease register 279AD Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . 29 279AE Chief executive to keep information in historical dust lung disease register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 279AF Restriction on disclosure of confidential information 30 279AG Disclosure generally . . . . . . . . . . . . . . . . . . . . . . . . . 30 279AH Disclosure for data collection and public health monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 279AI Disclosure to entity of the State or corresponding entity 31 279AJ Disclosure of information for investigation under Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 45 Amendment of s 399 (General powers after entering places) . . . 33 46 Insertion of new ch 12, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Part 11 Transitional provisions for Health Legislation Amendment Act (No. 2) 2025 519 Definition for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 520 Application of new ch 6, pt 3A to particular diagnoses made before commencement . . . . . . . . . . . . . . . . . . . . . . . 33 521 Proceedings for particular offences . . . . . . . . . . . . . . 34 47 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 35 Part 4 Amendment of Public Health Regulation 2018 48 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 49 Replacement of pt 8, div 5 (Notifiable dust lung diseases) . . . . . 36 Division 5 Notifiable occupational respiratory diseases

Contents Health Legislation Amendment Bill (No. 2) 2025 Page 4 Authorised by the Parliamentary Counsel Subdivision 1 Notifying information for national registry 49A Prescribed medical practitioners—Act, s 279AA . . . . 37 49B Prescribed period—Act, s 279AB . . . . . . . . . . . . . . . 37 49C Notifiable occupational respiratory diseases—Act, s 279AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Subdivision 2 Information in historical dust lung disease register 49D Prescribed agreement—Act, s 279AI . . . . . . . . . . . . 38 50 Amendment of sch 3 (Agreements) . . . . . . . . . . . . . . . . . . . . . . . 38 Part 5 Amendment of Queensland Mental Health Commission Act 2013 51 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 52 Amendment of s 21 (Vacancy in office of commissioner) . . . . . . 39 53 Replacement of s 23 (Acting commissioner) . . . . . . . . . . . . . . . . 39 23 Acting commissioner . . . . . . . . . . . . . . . . . . . . . . . . . 39 Part 6 Amendment of Radiation Safety Act 1999 54 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 55 Amendment of s 71 (Additional information for approvals to dispose) 40

2025 A Bill for An Act to amend the Pharmacy Business Ownership Act 2024, the Public Health Act 2005, the Public Health Regulation 2018, the Queensland Mental Health Commission Act 2013 and the Radiation Safety Act 1999 for particular purposes

[s 1] Health Legislation Amendment Bill (No. 2) 2025 Part 1 Preliminary Page 6 Authorised by the Parliamentary Counsel The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Health Legislation Amendment Act (No. 2) 2025. Part 2 Amendment of Pharmacy Business Ownership Act 2024 2 Act amended This part amends the Pharmacy Business Ownership Act 2024. 3 Amendment of s 8 (What is a pharmacy business) Section 8(3), definition core pharmacy service— insert— (c) the selling, by or under the supervision of a practising pharmacist, of medicines to members of the public other than on prescription. 4 Amendment of s 13 (What is a material interest in a pharmacy business) Section 13(1)(b), after ‘owner’— insert— , or a shareholder of an owner, 1 2 Clause 3 4 5 6 7 Clause 8 9 10 Clause 11 12 13 14 15 16 17 Clause 18 19 20 21 22

[s 5] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 7 Authorised by the Parliamentary Counsel 5 Amendment of s 16 (Who may hold material interest in pharmacy business) Section 16, from ‘unless’ to ‘business.’— omit, insert— unless— (a) the person is a practising pharmacist; or (b) the person is a close adult relative of a practising pharmacist and the practising pharmacist holds an interest in the business. 6 Amendment of s 20 (Licensed pharmacy business must be carried on at or from licensed premises) Section 20(2)(b)(i), after ‘medicine’— insert— , or the selling of a medicine other than on prescription, 7 Amendment of s 25 (Requirements for application) (1) Section 25(1)(b)— insert— (iiia)if a person holds shares in the applicant as trustee of a trust—the name of each beneficiary of the trust; (2) Section 25(1)(b)(iiia) and (iv)— renumber as section 25(1)(b)(iv) and (v). 8 Amendment of s 26 (Requesting further information or document) (1) Section 26(2)— omit. Clause 1 2 3 4 5 6 7 8 9 Clause 10 11 12 13 14 15 Clause 16 17 18 19 20 21 22 23 Clause 24 25 26 27

[s 9] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 8 Authorised by the Parliamentary Counsel (2) Section 26(3)— renumber as section 26(2). 9 Amendment of s 27 (Requesting inspection of premises) (1) Section 27(2)— omit. (2) Section 27(5), ‘subsection (4)’— omit, insert— subsection (3) (3) Section 27(3) to (5)— renumber as section 27(2) to (4). 10 Amendment of s 39 (Requesting further information or document) (1) Section 39(2)— omit. (2) Section 39(3)— renumber as section 39(2). 11 Replacement of s 40 (Criteria for grant) Section 40— omit, insert— 40 Criteria for grant The council may grant an application under section 38 only if satisfied— (a) the incoming party— (i) is an eligible person; and (ii) is a fit and proper person to own a pharmacy business; and 1 2 Clause 3 4 5 6 7 8 9 10 Clause 11 12 13 14 15 16 Clause 17 18 19 20 21 22 23 24 25 26

[s 12] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 9 Authorised by the Parliamentary Counsel (iii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the incoming party; and (b) any other person who would hold a material interest in the pharmacy business to which the application relates because of the application being granted— (i) is permitted, under section 16, to hold a material interest in the business; and (ii) does not already hold an interest in the maximum number of pharmacy businesses permitted under section 17 for the person. 12 Amendment of s 44 (Requesting further information or document) (1) Section 44(2)— omit. (2) Section 44(3)— renumber as section 44(2). 13 Amendment of s 50 (Requesting further information, document or inspection of premises) (1) Section 50(2)— omit. (2) Section 50(5)(c), ‘subsection (4)’— omit, insert— subsection (3) (3) Section 50(6), from ‘subsection (4)’ to ‘subsection (5)’— omit, insert— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Clause 15 16 17 18 19 20 Clause 21 22 23 24 25 26 27 28 29

[s 14] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 10 Authorised by the Parliamentary Counsel subsection (3) and the application is taken to be withdrawn under subsection (4) (4) Section 50(3) to (6)— renumber as section 50(2) to (5). 14 Amendment of s 54 (Requesting further information or document) (1) Section 54(2)— omit. (2) Section 54(3)— renumber as section 54(2). 15 Amendment of s 60 (Requesting further information or document) (1) Section 60(2)— omit. (2) Section 60(3)— renumber as section 60(2). 16 Amendment of s 69 (Surrender) Section 69(1) to (3)— omit, insert— (1) The holder of a pharmacy business licence may surrender the licence by notice to the council at any time. (2) Despite section 14(4), if a pharmacy business licence is held jointly by 2 or more persons, a notice under subsection (1) must be given jointly by each of the persons. (3) If a pharmacy business licence is held by only 1 person, the person must, unless the person has a 1 2 3 4 Clause 5 6 7 8 9 10 Clause 11 12 13 14 15 16 Clause 17 18 19 20 21 22 23 24 25 26 27 28

[s 17] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 11 Authorised by the Parliamentary Counsel reasonable excuse, surrender the licence by notice to the council within 14 days after the person— (a) stops being an eligible person; or (b) disposes of the person’s interest as owner of the pharmacy business to which the licence relates. Maximum penalty—50 penalty units. 17 Insertion of new s 73A After section 73— insert— 73A Exchange of information (1) The council may enter into an arrangement (an information-sharing arrangement) with the chief executive for the purposes of sharing or exchanging information— (a) held by the council or the chief executive; or (b) to which the council or the chief executive has access. (2) An information-sharing agreement may relate only to— (a) information, obtained by the chief executive in the performance of a function under an Act, that may be relevant to the council making a decision under section 72 about a person; or (b) other information that is reasonably necessary to facilitate the sharing with the council of information mentioned in paragraph (a). (3) Under an information-sharing arrangement, the council and the chief executive are, despite another Act or law, authorised to— 1 2 3 4 5 6 7 Clause 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

[s 18] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 12 Authorised by the Parliamentary Counsel (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and (b) disclose information to the other party. (4) The council must ensure any information received in accordance with an information-sharing arrangement is not used for any purpose other than the making of a decision under section 72 about the person to whom the information relates. 18 Amendment of s 80 (Notification of temporary closure of licensed pharmacy business) Section 80, after the penalty— insert— (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. 19 Amendment of s 88 (Requirements for temporary operators of pharmacy businesses) (1) Section 88(3)(b)(i), after ‘medicine’— insert— , or the selling of a medicine other than on prescription, (2) Section 88(9), ‘subsection (7)(b)’— omit, insert— subsection (8)(b) 20 Amendment of s 128 (How property may be dealt with) Section 128, ‘chief executive’— omit, insert— 1 2 3 4 5 6 7 8 9 Clause 10 11 12 13 14 15 16 17 Clause 18 19 20 21 22 23 24 25 26 Clause 27 28 29

[s 21] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 13 Authorised by the Parliamentary Counsel council 21 Replacement of s 145 (Council does not represent the State) Section 145— omit, insert— 145 Council represents the State (1) The council represents the State. (2) Without limiting subsection (1), the council has the privileges and immunities of the State. 22 Amendment of s 149 (Direction by Minister) Section 149(4)— omit. 23 Replacement of s 183 (Report about council’s functions) Section 183— omit, insert— 183 Annual report to include particular matters (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. (2) The annual report must include details of the following during the financial year to which the report relates— (a) each ministerial direction given by the Minister under section 149(1); (b) action taken by the council because of the ministerial direction; 1 Clause 2 3 4 5 6 7 8 9 Clause 10 11 12 Clause 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

[s 24] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 14 Authorised by the Parliamentary Counsel (c) audits conducted by the council under section 208; (d) action taken by the council to ensure compliance with this Act by holders of pharmacy business licences. (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. 24 Amendment of s 185 (Definitions for part) (1) Section 185, definitions decision notice, QCAT information notice and seizure or forfeiture decision— omit. (2) Section 185— insert— forfeiture decision means a decision under section 125(1) that a thing is forfeited. seizure decision means a decision under part 8, division 4 to seize a thing. 25 Insertion of new s 185A Before section 186— insert— 185A Application of division This division does not apply to a decision of the council made other than under a delegation. 26 Amendment of s 189 (Internal review) Section 189(1)(c)(i), after ‘seizure’— insert— 1 2 3 4 5 6 7 8 9 Clause 10 11 12 13 14 15 16 17 18 19 Clause 20 21 22 23 24 25 Clause 26 27 28

[s 27] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 15 Authorised by the Parliamentary Counsel decision 27 Replacement of s 190 (Stay of operation of seizure or forfeiture decision) Section 190— omit, insert— 190 Stay of operation of seizure decision or forfeiture decision (1) This section applies in relation to an original decision if— (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 (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. (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. (3) The court may, by order, stay the operation of the original decision to secure the effectiveness of— (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 (b) if subsection (1)(b) applies in relation to the decision—the appeal against the decision under division 5. 1 Clause 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

[s 28] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 16 Authorised by the Parliamentary Counsel (4) The court may stay the operation of the original decision on conditions the court considers appropriate. (5) The stay operates for the period decided by the court. (6) However, the period of the stay must not extend past the time when the court decides the appeal. 28 Amendment of s 191 (Stay of operation of other original decision) (1) Section 191(1), after ‘seizure’— insert— decision (2) Section 191(1)— insert— Note— 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). 29 Amendment of s 192 (Applying for external review) (1) Section 192(1), from ‘for’— omit, insert— for— (a) an original decision to which division 2 does not apply; or (b) an internal review decision. (2) Section 192(2) and note, ‘internal review’— omit. 1 2 3 4 5 6 7 Clause 8 9 10 11 12 13 14 15 16 17 18 Clause 19 20 21 22 23 24 25 26 27

[s 30] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 17 Authorised by the Parliamentary Counsel 30 Amendment of s 193 (Appealing internal review decision) (1) Section 193, heading, ‘internal review decision’— omit, insert— particular decisions (2) Section 193(1), from ‘for’— omit, insert— for— (a) an original decision to which division 2 does not apply; or (b) an internal review decision. (3) Section 193(2) and (4), ‘internal review’— omit. (4) Section 193(7), ‘seizure or forfeiture’— omit. (5) Section 193(7)— insert— Note— 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. 31 Amendment of s 194 (Powers of court on appeal) (1) Section 194(1), ‘an internal review decision’— omit, insert— a decision started under section 193 (2) Section 194(3), ‘internal review decision’— omit, insert— decision appealed against Clause 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Clause 21 22 23 24 25 26 27

[s 32] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 18 Authorised by the Parliamentary Counsel 32 Replacement of s 195 (Effect of court’s decision on appeal) Section 195— omit, insert— 195 Effect of court’s decision on appeal (1) If the court substitutes another decision for the decision appealed against— (a) the substituted decision is taken to be a decision of the original decision-maker for the decision; and (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. (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. (3) In this section— original decision-maker, for a decision, means— (a) if the decision is a seizure decision—the inspector who made the decision; or (b) otherwise—the council. 33 Amendment of s 206 (Disclosure of confidential information to entities performing relevant functions) (1) Section 206(2), before paragraph (a)— insert— Clause 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Clause 28 29 30 31

[s 34] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 19 Authorised by the Parliamentary Counsel (aa) the chief executive; or (2) Section 206(2)(aa) to (f)— renumber as section 206(2)(a) to (g). 34 Replacement of s 207 (Council must keep register of licensed pharmacy businesses) Section 207— omit, insert— 207 Council must keep register of pharmacy business licences (1) The council must keep a register of pharmacy business licences. (2) The register must contain the following information for each current pharmacy business licence— (a) the relevant information for the licence; (b) if the licence has been suspended under part 4, division 4—the period of the suspension. (3) The register must contain the following information for each pharmacy business licence that has been cancelled under part 4, division 4— (a) the relevant information for the licence immediately before the cancellation; (b) the day the cancellation took effect. (4) The register must be kept in the way the council considers appropriate, including, for example, in an electronic form. (5) The council must publish on the council’s website information contained in the register under subsection (2) or (3), other than— 1 2 3 Clause 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

[s 35] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 20 Authorised by the Parliamentary Counsel (a) information mentioned in subsection (2)(b) relating to a suspension, of a pharmacy business licence, that has ended; (b) information mentioned in subsection (3) for a pharmacy business licence cancelled more than 2 years ago. (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— (a) the name of the holder of the licence; and (b) the address of the licensed premises stated on the licence; and (c) the business name stated on the licence. 35 Omission of s 209 (Council must publish report about compliance and audits for financial year) Section 209— omit. 36 Omission of s 210 (Protection from liability) Section 210— omit. 37 Amendment of s 218 (Interests in existing pharmacy businesses held by beneficiaries of discretionary trusts) Section 218(1)(a)— omit, insert— (a) immediately before the commencement— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Clause 17 18 19 20 Clause 21 22 23 Clause 24 25 26 27 28

[s 38] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 21 Authorised by the Parliamentary Counsel (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 38 Amendment of s 221 (Continued limited ownership or operation of pharmacy businesses) Section 221(2)(b), from ‘if’— omit, insert— 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. 39 Amendment of s 222 (Approvals for continued ownership of pharmacy businesses if registration suspended or cancelled) (1) Section 222(2)— omit, insert— (2) On the commencement, the chief executive must— (a) notify the council that the chief executive was considering whether to grant the approval under repealed section 139C(2); and (b) give the council all information that the chief executive has that is relevant to deciding whether to grant the approval. (2A) Subsection (2)(b) applies in addition to section 229A. (2B) The council must decide whether to grant the 1 2 3 4 5 6 Clause 7 8 9 10 11 12 13 14 Clause 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

[s 40] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 22 Authorised by the Parliamentary Counsel approval having regard to— (a) the main purposes of this Act; and (b) the financial circumstances of the pharmacy business; and (c) all information given to the council under subsection (2); and (d) any other information the council considers relevant. (2) Section 222(3), ‘chief executive’— omit, insert— council (3) Section 222(4), ‘subsection (3)’— omit, insert— subsection (5) (4) Section 222(2A) to (4)— renumber as section 222(3) to (6). 40 Insertion of new ss 229A and 229B Before section 230— insert— 229A Notice of existing pharmacy business information (1) On the commencement, the chief executive must give the council a notice of existing pharmacy business information. (2) The notice must contain the following information held by the chief executive immediately before the commencement— (a) the name and contact details of— (i) each existing pharmacy business; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Clause 17 18 19 20 21 22 23 24 25 26 27 28 29

[s 41] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 23 Authorised by the Parliamentary Counsel (ii) each person who owned an existing pharmacy business; (b) for each existing pharmacy business that was owned by a corporation mentioned in repealed section 139B(b) or (ba) immediately before the commencement—the name of each director and shareholder of the corporation. 229B Particular references to licensed pharmacy businesses for appointing council members From the commencement, a reference in section 150(3)(a) to a licensed pharmacy business is taken to include a reference to an existing pharmacy business that continues to be owned and carried on by a person under section 215 or 216. 41 Amendment of sch 1 (Dictionary) (1) Schedule 1, definitions compound, decision notice, information notice, QCAT information notice and seizure or forfeiture decision— omit. (2) Schedule 1— insert— compound, a medicine, see the Medicines and Poisons (Medicines) Regulation 2021, schedule 22. decision notice, for a decision, means a notice stating the following information— (a) the decision; (b) the reasons for the decision; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Clause 16 17 18 19 20 21 22 23 24 25 26 27 28 29

[s 41] Health Legislation Amendment Bill (No. 2) 2025 Part 2 Amendment of Pharmacy Business Ownership Act 2024 Page 24 Authorised by the Parliamentary Counsel Note— See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons. (c) that the person to whom the notice is given may appeal against the decision under part 10, division 5; (d) how, and the period within which, the appeal may be started; (e) for a decision mentioned in section 190(1)(b)—how the person may apply for a stay of the operation of the decision under section 190. forfeiture decision see section 185. information notice means— (a) for a decision made by the council other than under a delegation— (i) for a forfeiture decision—a decision notice; or (ii) for another decision—a QCAT information notice; or (b) for another decision—means a notice stating the following information— (i) the decision; (ii) the reasons for the decision; Note— See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons. (iii) that the person to whom the notice is given may ask for a review of the decision under this Act; (iv) how, and the period within which, the review may be started; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

[s 42] Health Legislation Amendment Bill (No. 2) 2025 Part 3 Amendment of Public Health Act 2005 Page 25 Authorised by the Parliamentary Counsel (v) if the person may apply for a stay of the operation of the decision under this Act—how the person may apply for the stay. QCAT information notice, for a decision, means a notice complying with the QCAT Act, section 157(2). seizure decision, for part 10, see section 185. selling, of a medicine, includes attempting to sell the medicine or making the medicine available for sale. (3) Schedule 1, definition fit and proper person, ‘chief executive’— omit, insert— council Part 3 Amendment of Public Health Act 2005 42 Act amended This part amends the Public Health Act 2005. 43 Amendment of s 43 (Powers of authorised persons after entry) Section 43— insert— (5) To remove any doubt, it is declared that the power mentioned in subsection (2)(c) includes the power to leave at the place for a reasonable period the equipment and materials mentioned in that paragraph. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Clause 18 19 Clause 20 21 22 23 24 25 26 27 28

[s 44] Health Legislation Amendment Bill (No. 2) 2025 Part 3 Amendment of Public Health Act 2005 Page 26 Authorised by the Parliamentary Counsel 44 Replacement of ch 6, pt 3A (Notifiable dust lung diseases) Chapter 6, part 3A— omit, insert— Part 3A Notifiable occupational respiratory diseases Division 1 Notifying information for national registry 279AA Definitions for division In this division— Commonwealth Act means the National Occupational Respiratory Disease Registry Act 2023 (Cwlth). Commonwealth chief medical officer means the Commonwealth chief medical officer within the meaning of the Commonwealth Act. national registry see the Commonwealth Act, section 8. prescribed medical practitioner means a medical practitioner who is a member of a class of persons prescribed by regulation. 279AB Obligation to notify Commonwealth chief medical officer (1) This section applies if a prescribed medical practitioner diagnoses a person with a notifiable occupational respiratory disease. (2) The prescribed medical practitioner must, unless the practitioner has a reasonable excuse, give the Commonwealth chief medical officer a Clause 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

[s 44] Health Legislation Amendment Bill (No. 2) 2025 Part 3 Amendment of Public Health Act 2005 Page 27 Authorised by the Parliamentary Counsel notification, within the period prescribed by regulation, that— (a) is in the approved form under the Commonwealth Act; and (b) states the minimum notification information in relation to the person. Maximum penalty—20 penalty units. (3) Subsection (2) applies whether or not the person consents to the notification. (4) In this section— minimum notification information see the Commonwealth Act, section 12(2). notifiable occupational respiratory disease— (a) means a medical condition, prescribed by regulation, that is— (i) associated with a person’s respiratory system; and (ii) likely to have been caused or exacerbated, in whole or in part, by the person’s work or workplace; but (b) does not include a medical condition that is a prescribed occupational respiratory disease under the Commonwealth Act. Note— See the Commonwealth Act, section 14 in relation to notifying information about prescribed occupational respiratory diseases under that Act. person includes a person who is deceased. 279AC Authorisation relating to information in national registry (1) This section applies if— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

[s 44] Health Legislation Amendment Bill (No. 2) 2025 Part 3 Amendment of Public Health Act 2005 Page 28 Authorised by the Parliamentary Counsel (a) a prescribed medical practitioner— (i) gives the Commonwealth chief medical officer information for inclusion in the national registry; or (ii) corrects or updates information in the national registry; and (b) the giving, correcting or updating of the information is— (i) required or permitted under this Act or the Commonwealth Act; or (ii) in compliance with a request for information made under the Commonwealth Act; and (c) the prescribed medical practitioner would otherwise be required to maintain confidentiality about the information under an Act, oath, rule of law or practice. (2) The prescribed medical practitioner— (a) does not contravene the Act, oath, rule of law or practice by giving, correcting or updating the information; and (b) is not liable to disciplinary action for giving, correcting or updating the information. (3) Also, merely because the prescribed medical practitioner gives, corrects or updates the information, the practitioner can not be held to have— (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

[s 44] Health Legislation Amendment Bill (No. 2) 2025 Part 3 Amendment of Public Health Act 2005 Page 29 Authorised by the Parliamentary Counsel Division 2 Historical dust lung disease register 279AD Definitions for division In this division— confidential information— (a) means information about a person’s personal affairs or health that is, or has been, recorded in the historical dust lung disease register; but (b) does not include information that is publicly available. disclose includes give access to. historical dust lung disease register means the register kept under section 279AE. information includes a document. relevant person means— (a) a person who is, or has been, the chief executive; or (b) a person who— (i) is, or has been, a public sector employee performing functions under, or relating to the administration of, this Act; and (ii) in that capacity, has acquired or has access to confidential information; or (c) a person who, in compliance with this Act, gave confidential information to a person mentioned in paragraph (a) or (b); or (d) a person who, whether directly or indirectly, has acquired or has access to confidential information from, or through involvement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

[s 44] Health Legislation Amendment Bill (No. 2) 2025 Part 3 Amendment of Public Health Act 2005 Page 30 Authorised by the Parliamentary Counsel with, a person mentioned in paragraph (a), (b) or (c). 279AE Chief executive to keep information in historical dust lung disease register (1) The chief executive must keep a register of historical dust lung disease information in a form the chief executive considers appropriate, including, for example, an electronic form. (2) In this section— former section 279AB means section 279AB as in force from time to time before the commencement. historical dust lung disease information means the information that was kept, immediately before the commencement, in the Notifiable Dust Lung Disease Register under former 279AB. 279AF Restriction on disclosure of confidential information (1) A relevant person must not disclose, directly or indirectly, confidential information to another person other than under this division. Maximum penalty—50 penalty units (2) The Hospital and Health Boards Act 2011, section 142 or 142A does not apply to a relevant person in relation to disclosing confidential information. 279AG Disclosure generally A relevant person may disclose confidential information to another person— (a) to the extent the disclosure is required or permitted under this Act or another Act, or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

[s 44] Health Legislation Amendment Bill (No. 2) 2025 Part 3 Amendment of Public Health Act 2005 Page 31 Authorised by the Parliamentary Counsel to perform the relevant person’s functions under this Act or another Act; or (b) with the consent of the person to whom the information relates; or (c) in compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or (d) if the information is in a form that does not identify the person to whom the information relates; or (e) if the disclosure is otherwise required or permitted under another law. 279AH Disclosure for data collection and public health monitoring The chief executive may disclose confidential information to a person who is contracted by the department to analyse, monitor or evaluate public health if— (a) the person is authorised in writing by the chief executive to receive the information; and (b) the chief executive is satisfied the person will use the information only for analysing, monitoring or evaluating public health. 279AI Disclosure to entity of the State or corresponding entity (1) This section applies if the disclosure of confidential information is required or permitted under an agreement that— (a) is between— (i) the chief executive or the State; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

[s 44] Health Legislation Amendment Bill (No. 2) 2025 Part 3 Amendment of Public Health Act 2005 Page 32 Authorised by the Parliamentary Counsel (ii) an entity of the State or a corresponding entity; and (b) is prescribed by regulation. (2) The chief executive may disclose confidential information to the entity of the State, or the corresponding entity, as required or permitted under the agreement. (3) A person or entity that receives the confidential information may disclose the information if the disclosure is— (a) required or permitted under the agreement; or (b) permitted, in writing, by the chief executive. (4) In this section— agreement includes arrangement. corresponding entity means— (a) a department of the Commonwealth or another State; or (b) an entity established, under a law of the Commonwealth or another State, for a public purpose. 279AJ Disclosure of information for investigation under Coroners Act 2003 (1) This section applies if a coroner is investigating the death of a person. (2) The chief executive may disclose confidential information that is relevant to the person’s death to— (a) the coroner; or (b) a police officer helping the coroner to investigate the person’s death. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

[s 45] Health Legislation Amendment Bill (No. 2) 2025 Part 3 Amendment of Public Health Act 2005 Page 33 Authorised by the Parliamentary Counsel (3) The coroner or police officer may disclose the confidential information to another person for the purpose of the investigation. 45 Amendment of s 399 (General powers after entering places) Section 399— insert— (6) To remove any doubt, it is declared that the power mentioned in subsection (3)(e) includes the power to leave at the place for a reasonable period the equipment and materials mentioned in that paragraph. 46 Insertion of new ch 12, pt 11 Chapter 12— insert— Part 11 Transitional provisions for Health Legislation Amendment Act (No. 2) 2025 519 Definition for part In this part— former, for a provision of this Act, means the provision as in force from time to time before the commencement. 520 Application of new ch 6, pt 3A to particular diagnoses made before commencement (1) This section applies if— 1 2 3 Clause 4 5 6 7 8 9 10 11 12 Clause 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

[s 46] Health Legislation Amendment Bill (No. 2) 2025 Part 3 Amendment of Public Health Act 2005 Page 34 Authorised by the Parliamentary Counsel (a) before the commencement, a medical practitioner diagnosed a person with a notifiable dust lung disease within the meaning of former section 279AA; and (b) immediately before the commencement— (i) former section 279AF(2) applied in relation to the diagnosis; and (ii) the prescribed period mentioned in former section 279AF(2) had not ended; and (iii) the medical practitioner had not complied with former section 279AF(2); and (c) on the commencement, the disease is a notifiable occupational respiratory disease under new section 279AB. (2) New chapter 6, part 3A, division 1 applies in relation to the diagnosis as if the diagnosis were made on the commencement. (3) In this section— new, for a provision of this Act, means the provision as in force from the commencement. 521 Proceedings for particular offences (1) This section applies in relation to an offence against former sections 279AF(2), 279AG(4) or 279AL(1) committed by a person before the commencement. (2) Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Health Legislation Amendment Act (No. 2) 2025, section 44 had not commenced. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

[s 47] Health Legislation Amendment Bill (No. 2) 2025 Part 3 Amendment of Public Health Act 2005 Page 35 Authorised by the Parliamentary Counsel (3) Subsection (2) applies despite the Criminal Code, section 11. 47 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions approved operator, health practitioner, notifiable dust lung disease, occupational exposure, regulator, relevant chief executive and relevant employee— omit. (2) Schedule 2— insert— Commonwealth Act, for chapter 6, part 3A, division 1, see section 279AA. Commonwealth chief medical officer, for chapter 6, part 3A, division 1, see section 279AA. disclose, for chapter 6, part 3A, division 2, see section 279AD. health practitioner, for chapter 4A, see section 157A. historical dust lung disease register, for chapter 6, part 3A, division 2, see section 279AD. national registry, for chapter 6, part 3A, division 1, see section 279AA. (3) Schedule 2, definition confidential information, paragraph (h)— omit, insert— (h) for chapter 6, part 3A, division 2, see section 279AD. (4) Schedule 2, definition health information held by a health agency, paragraph (a)(iii) and (iv)— omit, insert— 1 2 Clause 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

[s 48] Health Legislation Amendment Bill (No. 2) 2025 Part 4 Amendment of Public Health Regulation 2018 Page 36 Authorised by the Parliamentary Counsel (iii) for chapter 6, part 4, information about a person’s health or the provision of a health service to a person held or obtained by a contractor for the contractor to keep the Queensland Cancer Register; and (5) Schedule 2, definition information, paragraph (h)— omit, insert— (h) for chapter 6, part 3A, division 2, see section 279AD. (6) Schedule 2, definition prescribed medical practitioner, after ‘part 3A,’— insert— division 1, (7) Schedule 2, definition register, paragraphs (c) and (d)— omit, insert— (c) for chapter 6, part 4, see section 280. (8) Schedule 2, definition relevant person, paragraph (h)— omit, insert— (h) for chapter 6, part 3A, division 2, see section 279AD. Part 4 Amendment of Public Health Regulation 2018 48 Regulation amended This part amends the Public Health Regulation 2018. 49 Replacement of pt 8, div 5 (Notifiable dust lung diseases) Part 8, division 5— omit, insert— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Clause 23 24 Clause 25 26 27

[s 49] Health Legislation Amendment Bill (No. 2) 2025 Part 4 Amendment of Public Health Regulation 2018 Page 37 Authorised by the Parliamentary Counsel Division 5 Notifiable occupational respiratory diseases Subdivision 1 Notifying information for national registry 49A Prescribed medical practitioners—Act, s 279AA For section 279AA of the Act, definition prescribed medical practitioner, the prescribed class of persons is medical practitioners registered under the Health Practitioner Regulation National Law as specialist health practitioners in either of the following specialties or specialty fields— (a) occupational and environmental medicine; (b) respiratory and sleep medicine. 49B Prescribed period—Act, s 279AB For section 279AB(2) of the Act, the period prescribed is 30 days from the day the prescribed medical practitioner diagnoses the person with the notifiable occupational respiratory disease. 49C Notifiable occupational respiratory diseases—Act, s 279AB For section 279AB(5) of the Act, definition notifiable occupational respiratory disease, paragraph (a), each of the following medical conditions is prescribed to the extent the condition is likely to have been caused or exacerbated, in whole or in part, by exposure to inorganic dust— (a) pneumoconiosis, other than silicosis; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

[s 50] Health Legislation Amendment Bill (No. 2) 2025 Part 5 Amendment of Queensland Mental Health Commission Act 2013 Page 38 Authorised by the Parliamentary Counsel Examples— asbestosis, coal worker’s pneumoconiosis and mixed-dust pneumoconiosis Note— Silicosis is a prescribed occupational respiratory disease under the Commonwealth Act. (b) cancer; (c) chronic obstructive pulmonary disease. Examples— chronic bronchitis and emphysema Subdivision 2 Information in historical dust lung disease register 49D Prescribed agreement—Act, s 279AI For section 279AI(1)(b) of the Act, the agreement mentioned in schedule 3, part 4 is prescribed. 50 Amendment of sch 3 (Agreements) Schedule 3, part 4, heading, ‘notifiable dust lung diseases’— omit, insert— historical dust lung disease register Part 5 Amendment of Queensland Mental Health Commission Act 2013 51 Act amended This part amends the Queensland Mental Health Commission Act 2013. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Clause 16 17 18 19 20 21 22 Clause 23 24 25

[s 52] Health Legislation Amendment Bill (No. 2) 2025 Part 5 Amendment of Queensland Mental Health Commission Act 2013 Page 39 Authorised by the Parliamentary Counsel 52 Amendment of s 21 (Vacancy in office of commissioner) (1) Section 21(1), before paragraph (a)— insert— (aa) completes a term of office and is not reappointed; or (2) Section 21(1)(aa) to (e)— renumber as section 21(1)(a) to (f). 53 Replacement of s 23 (Acting commissioner) Section 23— omit, insert— 23 Acting commissioner (1) This section applies if— (a) the office of the commissioner is vacant; or (b) the commissioner is absent from duty or otherwise unable to perform the commissioner’s functions. (2) The Minister may appoint a person, other than a member of the council, to act as commissioner for a period of not longer than 6 months. (3) However, the Minister may extend the appointment for a further period of not longer than 6 months. (4) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(iv) or (v). Clause 1 2 3 4 5 6 7 Clause 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

[s 54] Health Legislation Amendment Bill (No. 2) 2025 Part 6 Amendment of Radiation Safety Act 1999 Page 40 Authorised by the Parliamentary Counsel Part 6 Amendment of Radiation Safety Act 1999 54 Act amended This part amends the Radiation Safety Act 1999. 55 Amendment of s 71 (Additional information for approvals to dispose) Section 71, ‘licensee’— omit, insert— holder of the approval © State of Queensland 2025 1 2 Clause 3 4 Clause 5 6 7 8 9