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Pharmacy Control Act 2001
61BApplying to hold an interest in pharmacy business
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### 61B Applying to hold an interest in pharmacy business
> [*\[Section 61B Inserted by No. 47 of 2010, s. 18, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS18@EN)
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> > (1) [*\[Section 61B Subsection (1) amended by No. 22 of 2016, s. 11, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS11@Hpb@EN) [*\[Section 61B Subsection (1) amended by No. 22 of 2016, s. 11, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS11@Hpa@EN) A person, including a body corporate, that intends to hold an interest in a pharmacy business must apply to the Authority for a certificate deeming the person to be eligible to hold an interest in a pharmacy business (an ***eligibility certificate***), unless the person is an exempt person.
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> > (2) An application is to be –
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> > > > (a) in an approved form; and
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> > > > (b) lodged with the Authority; and
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> > > > (c) accompanied by the prescribed application fee, if any; and
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> > > > (d) accompanied by such information or evidence as the Authority requires.
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> > (3) [*\[Section 61B Subsection (3) amended by No. 22 of 2016, s. 11, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS11@Hpc@EN) The Authority may require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.
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> > (4) The Authority may waive all or part of the application fee.
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> > (5) The Authority, after considering an application for an eligibility certificate may –
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> > > > (a) issue an eligibility certificate; or
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> > > > (b) refuse to issue an eligibility certificate.
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> > (6) The Authority must issue an eligibility certificate to an applicant if –
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> > > > (a) the applicant is an eligible person within the meaning of [section 61C](#GS61C@EN) ; and
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> > > > (b) the applicant is a fit and proper person, and in the case of a body corporate each of its members is a fit and proper person, to hold an interest in a pharmacy business; and
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> > > > (c) the applicant complies with [subsections (2)](#GS61B@Gs2@EN) and [(3)](#GS61B@Gs3@EN) .
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> > (7) [*\[Section 61B Subsection (7) amended by No. 22 of 2016, s. 11, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS11@Hpd@EN) An eligibility certificate remains in force until the earlier of the following:
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> > > > (a) [*\[Section 61B Subsection (7) amended by No. 22 of 2016, s. 11, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS11@Hpe@EN) the lapsing date following its date of issue;
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> > > > (b) the end of the period of 14 days commencing on the day a change occurs in the matters relied upon in support of the application for the certificate.
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> > (8) If the Authority refuses to issue an eligibility certificate, the Authority is to give the applicant notice of –
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> > > > (a) the refusal; and
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> > > > (b) the reasons for the refusal; and
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> > > > (c) [*\[Section 61B Subsection (8) amended by No. 22 of 2016, s. 11, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS11@Hpf@EN) the right to appeal the refusal.