Closer to Certainty for Minimum Taxation of Trusts: Treasury Releases Draft Legislation
After announcing the intended introduction of a minimum 30% tax on discretionary trusts as part of the 2026/27 Federal Budget […]
James Creevy and Mitchell Harding, current as of: 10 November 2025.
In 2024, the Pharmacy Business Ownership Act 2024 (Qld) (the Act) was passed by Parliament to supersede the current Pharmacy Business Ownership Act 2001 (Qld).
The Act clarifies and modernises rules relating to pharmacy business ownership in Queensland. Key changes, including in relation to pharmacy business ownership in companies and trusts, commenced earlier this month on 1 November 2025.
As a result of the changes, existing pharmacy in Queensland will need to amend their constituent documents (trust deeds and company constitutions). For documents pertaining to the majority of existing pharmacy business owners have until 31 October 2026 to make the required amendments.
Get in touch with our legal team or read below to learn more about the Act.
The Act clarifies existing requirements in relation to pharmacy ownership as well as introduces the concept of Material Interest.
Pharmacy ownership is restricted to:
A person can only hold a Material Interest in a pharmacy business if they are a practising pharmacist or a close adult relative of a practising pharmacist who holds an interest in the business.
A person holds a Material Interest in a pharmacy business if they:
These changes mean that:
These are significant changes, meaning for many existing pharmacy structures in Queensland — especially those involving discretionary trusts and companies — action is required.
It is highly likely that most of your clients’ trusts and company structures that have interests in Queensland pharmacy businesses will need to consider an amendment of their constituent documents (constitutions and trust deeds) to restrict shareholders and beneficiaries in line with the rules introduced by the Act. One pertinent change in particular is in relation to corporate shareholders and corporate beneficiaries which are now no longer permitted, meaning a restructure, in addition to amending constituent documents, may be necessary.
The Acis legal team is here to support you through these changes and help you and your clients comply with the Act and avoid penalties.
| Acis does not provide advice in relation to commercial law, taxation, duty, company law or any other matter. We do not purport to provide advice nor should you construe anything in any correspondence with us, or material provided by us, as advice of any kind. |
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