Queensland Health has statewide responsibility for pharmacy ownership under the Pharmacy Business Ownership Act 2001 (PBOA). We require documentary evidence that any proposed ownership or change in ownership particulars complies with the requirements of the legislation. The 'approved' change of ownership notification forms for these changes are:
- Form 1 - Change in interest in and ownership of a pharmacy business (PDF 500kB)
- Form 2 - Change in pharmacy business details (PDF 296kB)
Please note it is not our role to provide legal and accounting advice regarding permissible structures under the PBOA.
The following provides guidance on how pharmacy ownership notifications will be assessed by us:
- The definition of 'relative' (section 139A) is intentionally narrow to ensure the control and ownership of a pharmacy business is restricted to individuals qualified in the field of pharmacy and who are required to maintain professional standards.
- A corporation must not own more than five pharmacy businesses at the same time. Ownership of a pharmacy business is defined in section 139A to include having a proprietary interest in the pharmacy business.
- A pharmacist must not have a beneficial interest in more than five pharmacy businesses at teh same time. Section 139H provides that a pharmacist has a beneficial interest in a pharmacy business:
- If the pharmacist owns the pharmacy business (as per above), or
- if the pharmacist is a director of, or shareholder in, a corporation that owns the pharmacy business.
- The PBOA does not prohibit the ownership of a pharmacy business by a trustee, provided all other relevant requirements in the PBOA are met.
- Individual (not corporate) shareholders may hold shares as a trustee in the corporation that owns the pharmacy business.
- A trust is not a legal entity and accordingly cannot own property in its own right. A pharmacy business may be owned by a person or a company as trustee for beneficiaries.
Telephone: 07 3708 5258