Pharmacy Business Ownership Act 2024
sec.72Deciding whether person is fit and proper to own pharmacy business
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sec.72 Deciding whether person is fit and proper to own pharmacy business
In deciding whether a person is a fit and proper person to own a pharmacy business, the council must have regard to the following— whether the person, or a director or shareholder of the person, holds or has previously held a pharmacy business licence; any conditions of a pharmacy business licence held or previously held by the person, or a director or shareholder of the person; 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; 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; 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; whether the person, or a director or shareholder of the person, has been convicted of an indictable offence; if the person is an individual—whether the person is, or has been— an insolvent under administration; or disqualified from managing corporations under the Corporations Act; if the person is a corporation—whether the person is, or has been— placed into administration, receivership or liquidation; or wound up or deregistered under the Corporations Act; 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; another matter the council considers relevant in deciding whether the person is a fit and proper person to own a pharmacy business.
- (a) whether the person, or a director or shareholder of the person, holds or has previously held a pharmacy business licence;
- (b) any conditions of a pharmacy business licence held or previously held by the person, or a director or shareholder of the person;
- (c) whether a pharmacy business licence held or previously held by the person, or a director or shareholder of the person, is or has been suspended or cancelled;
- (d) whether the person, or a director or shareholder of the person, has contravened this Act, the Health Practitioner Regulation National Law or the Medicines and Poisons Act 2019 , whether or not the person, director or shareholder has been convicted of an offence for the contravention;
- (e) whether the person is a party to a contract, agreement or arrangement in relation to a licensed pharmacy business containing a provision to which section 22 (3) applies;