Public Health Act 1997

A person must not own a pharmacy business unless the person is—

a pharmacist; or

a complying pharmacy corporation; or

a former corporate pharmacist.

Maximum penalty: 10 penalty units.

In this section:

close relative, of a pharmacist or company pharmacist, means the pharmacist’s—

domestic partner; or

Note Domestic partner—see the Legislation Act, s 169.

father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or

son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or

brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

uncle, aunt, uncle-in-law or aunt-in-law; or

nephew, niece or cousin.

complying pharmacy corporation means a corporation that—

has a constitution that provides that—

the object of the corporation is to own and control a pharmacy business; and

only an individual who is a pharmacist may be a director; and

a director cannot be a director of another pharmacy corporation without the written consent of the board; and

all voting rights exercisable at a general meeting of the corporation are exercisable only by or on behalf of pharmacists who are directors or employees of the corporation; and

a shareholder in the corporation must be either a pharmacist or a close relative of a pharmacist shareholder; and

has a constitution that ensures that each share in the corporation is beneficially owned by a pharmacist who is a director or employee of the corporation or a close relative of the pharmacist; and

for a corporation that is to own and control a pharmacy business as a trustee—is only a party to a trust deed that relates to the corporation’s ownership and control of a pharmacy business if the deed provides that all beneficiaries are to be pharmacists who are directors or employees of the corporation or close relatives of the pharmacists; and

has a constitution that is appropriate to a corporation formed to own and control a pharmacy business.

former corporate pharmacist means a corporation that—

on 30 June 2010 owned a pharmacy business; and

from 30 June 2010—

has continuously owned and operated the pharmacy business; and

has only appointed pharmacists as directors of the corporation; and

has only allowed—

pharmacists appointed as directors or employed in the corporation (a company pharmacist), or close relatives of a company pharmacist, to become new shareholders of the corporation; and

beneficial ownership of shares in the corporation; and

if the corporation practises pharmacy as a trustee—is party to a trust deed that prevents a person who is not a company pharmacist, or close relative of a company pharmacist, becoming a new beneficiary under the deed.

medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11.

own, for a pharmacy business—

includes having a legal or beneficial interest in the pharmacy business; but

does not include having an interest in the pharmacy business only because of being the public trustee and guardian or the personal legal representative of a deceased pharmacist.

pharmacy business means a business providing pharmacy services at a community pharmacy.

pharmacy services includes—

the supply, compounding or dispensing of a medicine; and

advice and counselling on the effective use of a medicine.