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 and ANNUAL DECLARATIONS
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.

As well as annual renewal forms and fees being required by those who are required to hold an Eligibility Certificate, bodies which have been classified by the Authority as exempt for their particular interest (some Trusts and Body Corporates, which depends on the ownership structure of each specific pharmacy business premises) will be required to complete an Annual Declaration to confirm that they continue to operate within the requirements of the Act.

The determination of who needs to hold an Eligibility Certificate, who would be exempt and who needs to provide an Annual 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.

Exempt trusts and body corporates which must provide an Annual Declaration will be contacted in early May each year and asked to complete a declaration as part of the annual renewals process. The Authority will provide the relevant form to owners in each case.

Invoices for all necessary Eligibility Certificate renewals will be issued by the Authority prior to the due date each year, generally in early May.

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.

Accompanying the invoice will be the 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, Annual Eligibility Certificate Holder's Declaration and Application for Renewal of Pharmacy Business Premises Registration is pre-printed with pertinent information, so is not be available as a downloadable form from this website. The example attached is an annotated guide and explanation.

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 sent to each registered pharmacy business premises. The invoice needs to be paid as soon as possible, but by 30 June at the latest. Click here for a Sample Invoice for Pharmacy Business Premises Renewal which highlights key points and provides explanations.

An application to renew the Certificate of Registration is no longer required to be made on a separate Annual Renewal of Premises Form. Instead, the premises renewals applications are to be made by each owner of the pharmacy using the Authority's single 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 sent to the holders of Eligibility Certificates together with the invoice for the renewals 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 fact that each holder need only sign and submit the single, partially pre-printed form to the Authority (rather than separate premises and Eligibility Certificate forms) is less onerous to owners than the previous two-form process. The Authority prefers that the form be completed, scanned and emailed to the Authority, (otherwise it would need to be posted back). The Authority does not have a fascimile machine.

Please note that Certificates of Registration of Pharmacy Business Premises will not be issued until payment and all forms (the "Annual Eligibility Certificate Holder's Declaration and the Application for Renewal of Pharmacy Business Premises Registration" form and any necessary Annual Declarations for exempt bodies) from each owner of that pharmacy business premises have been received by the Authority.

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 Eligibility Certificate Declaration/Application Forms and Premises Rewewal Forms, which used to be two separate forms, were substantially revised in May 2014.

For 2017-18, the annual renewal applications and declarations will again be a single form which covers both the Annual Eligibility Certificate Holder's Declaration and the Application for Renewal of Pharmacy Business Premises Registration.

This single 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 sent to them together with the invoice for the Eligibility Certificate. (See sample form 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 corprates which have only a sole director, when that person must sign the declaration form).

The annual declaration forms for exempt bodies are provided below; copies will be posted in early May to those who need to lodge them.

Sample Invoice for an Eligibility Certificate
Sample Invoice for Pharmacy Business Premises Renewal
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.

For the renewals for the 2017-18 year, the fees are:
- Annual Renewal of Individual Eligibility Certificate: 70 fee units @ $1.53 = $107.10
- Annual Renewal of Body Corporate Eligibility Certificate: 140 fee units @ $1.53 = $214.20
- Annual Renewal of Certificate of Registration of Pharmacy Business Premises: 250 fee units @ $1.53 = $382.50



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