Change of ownership or business details
Under the Pharmacy Business Ownership Act 2001 (the Act), a person 'owns' a pharmacy business if they have a proprietary or beneficial interest in the pharmacy business, but ownership does not include a person having an interest in the pharmacy business arising under a bill of sale, mortgage or other form of security, in relation to the pharmacy business.
Change of ownership
Where there is a change in interest and ownership of a pharmacy business the buyer and seller, transferor and transferee or new owner/s (Party) of a pharmacy business must complete the Form 1 in relation to the change, where a Party is a:
(a) sole trader, the individual
(b) company, the director/s of the company
(c) partnership, by each partner of the partnership, and where the partner is a company, by the director/s of that company; and
(d) trustee/s of a trust.
A change of ownership includes:
(a) sale of a pharmacy business (whether entirely or in-part)
(b) change in shareholding or directorship of a corporation that owns a pharmacy business
(c) change in partnership arrangements where a person’s share or interest in the business changes; and
(d) any other change to a person’s proprietary or beneficial interest in a pharmacy business.
Form 1 guidance
Supporting documents for Form 1 only need to be submitted once where the following applies:
Where the owner of the pharmacy business is a company and there is more than one director, only one director needs to provide a certified copy of the company constitution, current company search extract, and where applicable, service agreement/s and documents that make up any franchise arrangement or licence to use any trade mark or logo.
Where the pharmacy business is owned by partners under a partnership, only one partner needs to provide a certified copy of the Partnership Agreement (or confirmation in writing that no such agreement exists), of any service agreements, and any documents that make up any franchise arrangement or licence to use any trade mark or logo. Where one of the partners is a trustee under trust, the trustee of the trust must provide a certified copy of the Trust Deed. Where one of the partners is a company, a director or sole director must provide as certified copy of the company constitution and current company extract.
Where the owner of the pharmacy business is a trustee/s under a trust, and there is more than one trustee, only one trustee is required to provide a certified copy of the trust deed, any service agreement/s and where applicable, documents that make up any franchise arrangement or licence to use any trade mark or logo. Where the trustee is a company, one director or sole director must provide a certified copy of the company constitution and current company extract.
Change of business details
All owners of a pharmacy business are required to notify the Department of changes to pharmacy business details. This may include, but is not limited to:
(a) change of trade name
(b) change in Pharmaceutical Benefits Scheme approval status, or change in approval number
(c) change of the pharmacy business’ premises address or relocation (including within a shopping centre or complex).
A single Form 2 may be completed by all owners of the pharmacy business. However, each partner of a partnership, trustee of a trust and director of a company must submit their own Annexure E Queensland Pharmacy Ownership Declaration attached to the Form 2.
Arrangements that relate to the operation of a pharmacy business
Included in Form 1 and Form 2 are questions that relate to the operation of the pharmacy business. The information (and any relevant supporting documentation) will allow the department to determine compliance under the Act.
A Documentation List is included within Form 1 and Form 2, which may assist you in determining which documents are relevant.