61CEligibility

### 61C Eligibility > [*\[Section 61C Inserted by No. 47 of 2010, s. 18, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS18@EN) > > > (1)  [*\[Section 61C Subsection (1) amended by No. 22 of 2016, s. 12, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS12@Hpa@EN) A person is eligible to hold an interest in a pharmacy business if, and only if – > > > > > > (a) [*\[Section 61C Subsection (1) amended by No. 22 of 2016, s. 12, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS12@Hpb@EN) in the case of a natural person, he or she is a pharmacist, whether or not that pharmacist has had his or her registration suspended within the meaning of the Health Practitioner Regulation National Law (Tasmania); or > > > > > > > (b) in the case of a partnership, each member of the partnership is a pharmacist whether or not one or more of those pharmacists have had their registrations suspended within the meaning of the National Practitioner Regulation National Law (Tasmania); or > > > > > > > (c) [*\[Section 61C Subsection (1) amended by No. 22 of 2016, s. 12, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS12@Hpc@EN) [*\[Section 61C Subsection (1) amended by No. 22 of 2016, s. 12, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS12@Hpd@EN) [*\[Section 61C Subsection (1) amended by No. 13 of 2019, Sched. 1, Applied:18 Jun 2019\]*](/view/html/inforce/2019-06-18/act-2019-013#JS1@Ja5@GC1@EN) in the case of a body corporate, each director of the body corporate is a pharmacist and each other member of the body corporate is a pharmacist or a close relative of a pharmacist and – > > > > > > > > > > (i) the controlling interest in the body corporate is held by a pharmacist or by persons who are pharmacists; and > > > > > > > > > > > (ii) all the shares and the beneficial interest in those shares are held by pharmacists or close relatives of a pharmacist; and > > > > > > > > > > > (iii) control and supervision of any pharmacy services carried on by the pharmacy business are vested in a person who is a pharmacist or in persons who are pharmacists; or > > > > > > > (d) the person is a body corporate lawfully permitted to call itself a Friendly Society and – > > > > > > > > > > (i) control and supervision of the pharmacy business is, or will be, vested in a pharmacist; and > > > > > > > > > > > (ii) that body corporate held an interest in a pharmacy business in this State before the commencement of the [Pharmacists Registration Amendment Act 2010](/view/html/inforce/2026-04-12/act-2010-047) . > > > (2)  Nothing in this section prevents a person who is eligible under [subsection (1)](#GS61C@Gs1@EN) from holding the eligible person's interest on trust for a beneficiary if each beneficiary is – > > > > > > (a) a pharmacist; or > > > > > > > (b) [*\[Section 61C Subsection (2) amended by No. 22 of 2016, s. 12, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS12@Hpe@EN) a close relative of a pharmacist; or > > > > > > > (c) [*\[Section 61C Subsection (2) amended by No. 22 of 2016, s. 12, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-022#GS12@Hpe@EN) a trustee of another trust, each beneficiary or, if applicable, each unit holder of which is – > > > > > > > > > > (i) a pharmacist; or > > > > > > > > > > > (ii) a close relative of a pharmacist.