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,
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[s 5]
Health Legislation Amendment Bill (No. 2) 2025
Part 2 Amendment of Pharmacy Business Ownership Act 2024
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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.
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Health Legislation Amendment Bill (No. 2) 2025
Part 2 Amendment of Pharmacy Business Ownership Act 2024
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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
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Health Legislation Amendment Bill (No. 2) 2025
Part 2 Amendment of Pharmacy Business Ownership Act 2024
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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—
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Health Legislation Amendment Bill (No. 2) 2025
Part 2 Amendment of Pharmacy Business Ownership Act 2024
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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
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[s 17]
Health Legislation Amendment Bill (No. 2) 2025
Part 2 Amendment of Pharmacy Business Ownership Act 2024
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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—
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Health Legislation Amendment Bill (No. 2) 2025
Part 2 Amendment of Pharmacy Business Ownership Act 2024
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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—
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Clause 18
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Clause 27
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