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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;
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Part 2 Amendment of Pharmacy Business Ownership Act 2024
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(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—
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[s 27]
Health Legislation Amendment Bill (No. 2) 2025
Part 2 Amendment of Pharmacy Business Ownership Act 2024
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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.
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(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.
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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
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[s 32]
Health Legislation Amendment Bill (No. 2) 2025
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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—
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[s 34]
Health Legislation Amendment Bill (No. 2) 2025
Part 2 Amendment of Pharmacy Business Ownership Act 2024
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(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—
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Health Legislation Amendment Bill (No. 2) 2025
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(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—
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[s 38]
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Part 2 Amendment of Pharmacy Business Ownership Act 2024
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(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
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Health Legislation Amendment Bill (No. 2) 2025
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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
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Health Legislation Amendment Bill (No. 2) 2025
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(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;
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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;
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[s 42]
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Part 3 Amendment of Public Health Act 2005
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(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.
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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
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