Annual Renewals


Please note that the information contained in the Authority's web pages is for general information only and does not constitute financial or legal advice. The information has been prepared without reference to the particular needs of your pharmacy or ownership structures. Applicants should not construe any information as legal advice. The Authority recommends that each pharmacist should seek professional financial, legal and taxation advice before making decisions in relation to their pharmacy business premises and ownership structures.

The Tasmanian Pharmacy Authority is established under section 6 of the Pharmacy Control Act 2001 (the Act). Please note that the Act was amended on 1 January 2017, so lawyers and accountants need to be aware of this when providing advice to pharmacy owners.

ELIGIBILITY CERTIFICATES
Under section 61E (1) of the Pharmacy Control Act 2001, on or before 30 June each year, "the holder of an eligibility certificate may apply for the renewal of the eligibility certificate". The Eligibility Certificate is essentially an annual license which confirms the holder's eligibility to have an interest in a pharmacy business; it can cover up to four pharmacy business premises if the interests are held in the name of the holder of that Eligibility Certificate.

Section 62 of the Act makes it an offence for a person to hold an interest in a pharmacy business unless that person either "holds an eligibility certificate" or that person is "an exempt person within the meaning of s61D".

The Authority's advice is that under s61D, an Eligibility Certificate issued to a body corporate (a Pty Ltd company) or individual as trustee for (ATF) a trust does not constitute that company or individual having its own Eligibility Certificate. That is, interests in a pharmacy can be held by:
- an individual; or
- an individual As Trustee For a trust; or
- a body corporate (ie: a Pty Ltd company); or
- a body corporate As Trustee For a trust
and these are four different Eligibility Certificates.

The determination of who needs to hold an Eligibility Certificate, who would be exempt and who needs to provide an Annual Exempt Declaration is made by the Authority. In order to assist pharmacy owners to understand this aspect of the Act, the attached
Eligibility Certificates, Exemptions and Annual Renewals Diagram, provides examples of different ownership scenarios for a number of pharmacies and explains what Eligibility Certificates, exemptions and Annual Declarations would be required.

As well as annual renewal forms and annual fees being required by 30 June by those who hold an Eligibility Certificate, bodies which have an interest in a pharmacy but which have been classified by the Authority as exempt for their particular interest (some Trusts and Body Corporates, depending on the ownership structure of each specific pharmacy business premises) will be required to complete an Annual Exempt Declaration to confirm that they continue to operate within the requirements of the Act. This annual process is undertaken during January-February, so is separate from the process of renewing Eligibility Certificates. The Authority will provide the relevant form to owners in each case.

ANNUAL RENEWAL of ELIGIBLITY CERTIFICATES
Invoices for the renewal of all necessary Eligibility Certificates will be issued by the Authority prior to the due date each year, generally in early May. They will be emailed to the email addresses the Authority has on file for that owner.

Click here for a Sample Invoice for an Eligibility Certificate which highlights key points and provides explanations. The invoice clearly states the Eligibility Certificate Holder's name (either an individual or a body corporate) and its associated trust name (if the Eligibility Certificate Holder is acting in the capacity as a trustee); it also specifies the pharmacy business premises names and registration numbers of those pharmacies to which that particular Eligibility Certificate applies.

A second email to the owners will provide the "Annual Declaration Form" required to be completed and signed by the Eligibility Certificate holder to apply for the renewal of that Eligibility Certificate and to apply for the renewal of the pharmacy business premises registrations. This form, the Annual Eligibility Certificate Holder's Declaration and Application for Renewal of Pharmacy Business Premises Registration is pre-printed with pertinent information, so is not available as a downloadable form from this website. If you do not appear to have received your form at the time of receiving your Eligibility Certificate Invoice, please contact the Registrar and another form will be emailed to you.

CERTIFICATES OF REGISTRATION OF PHARMACY BUSINESS PREMISES
Under section 71K(1) of the Pharmacy Control Act 2001, on or before 30 June each year, the Certificate of Registration of pharmacy business premises must be renewed, or the pharmacy will not be registered and will therefore be unable to operate.

In early May, an invoice for the Pharmacy Business Premises Annual Renewal of Registration will be emailed to the email address on record for each registered pharmacy business premises. The invoice needs to be paid as soon as possible, but by 30 June at the latest.

An application to renew the Certificate of Premises Registration is not required to be made on a separate Annual Renewal of Premises Form. Instead, the premises renewals applications are made by each owner of the pharmacy on the Authority's annual renewal application/declaration form: "Annual Eligibility Certificate Holder's Declaration and Application for Renewal of Pharmacy Business Premises Registration", a sample of which is provided above.

As previously stated, this form is pre-printed and emailed to the holders of Eligibility Certificates rather than being sent with the pharmacy business premises renewal invoices.

This approach ensures each owner (holder of an Eligibility Certificate) applies for the renewal of the pharmacy business premises registration, rather than one owner on behalf of all owners. This is a rigorous process, and ensures greater accuracy and efficiency and improved compliance with the Act. The Authority prefers that the form be completed, scanned and emailed to the Authority, (otherwise it would need to be posted back). NB: The Authority does not have a fascimile machine.

Please note that the annual Eligibility Certificates and Certificates of Registration of Pharmacy Business Premises will not be issued until all payments and all "Annual Eligibility Certificate Holder's Declaration and the Application for Renewal of Pharmacy Business Premises Registration" forms from each owner of all pharmacy business premises have been received by the Authority. Certificates are then emailed to owners and premises in about the first week of July.

Failure to complete all necessary documentation and pay all invoices would mean that the pharmacy business premises would no longer be registered to operate. This has serious consequences for pharmacy owners, including that approval to supply PBS subsidised medicines in accordance with section 90 of the National Health Act 1953 would be suspended.

SAMPLE FORMS for the ANNUAL DECLARATIONS and CERTIFICATE RENEWALS PROCESS
The declaration/renewal application form, the "Annual Eligibility Certificate Holder's Declaration and Application for Renewal of Pharmacy Business Premises Registration" Form will be pre-printed by the Authority for each Eligibility Certificate holder and emailed to Eligiblity Certificate Holders. (See sample below).

Some details will be pre-printed on the form, which need to be checked and corrected if necessary; and some details are to be provided by the applicant (such as the email address and phone number for enquiries). The form is to be signed and returned (email preferred) to the Authority, together with payment of the invoice. If the Eligibility Certificate holder is a body corporate (a Pty Ltd company), the form must be signed by two Directors of that body corporate, (except for those body corporates which have only a sole director, when just that one person must sign the declaration form).

Samples of the annual exempt declaration forms for exempt bodies are provided below; copies will be posted out in January or February to those who need to lodge them.

Sample Invoice for an Eligibility Certificate
Sample Annual Eligibility Certificate Holder's Declaration and Application for Renewal of Pharmacy Business Premises Registration
Form ADT - Annual Declaration for an Exempt Trust
Form ADC - Annual Declaration for an exempt Body Corporate

FEES FOR ANNUAL RENEWALS
The Authority's fees are expressed in terms of Fee Units, rather than a dollar amount. Each year, the Tasmanian Treasurer declares the value of a Fee Unit for the forthcoming financial year, which takes into account movements in the Consumer Price Index for Hobart (CPI). More information about Fee Units can be found at the Department of Treasury and Finance Fee Units webpage.

The fee units which apply are:
- Annual Renewal of Individual Eligibility Certificate: 70 fee units
- Annual Renewal of Body Corporate Eligibility Certificate: 140 fee units
- Annual Renewal of Certificate of Registration of Pharmacy Business Premises: 250 fee units



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