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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Health Amendment
(Pharmaceutical Benefits) Bill 2016
No. , 2016
(Health)
A Bill for an Act to amend the National Health Act
1953, and for related purposes
No. , 2016
National Health Amendment (Pharmaceutical Benefits) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Use of computer programs
3
National Health Act 1953
3
Part 2--Temporary supply of pharmaceutical benefits at
alternative premises
5
National Health Act 1953
5
Part 3--Effect of death on status as concessional beneficiary or
dependant
12
National Health Act 1953
12
Part 4--Repeals of spent provisions
14
National Health Act 1953
14
No. , 2016
National Health Amendment (Pharmaceutical Benefits) Bill 2016
1
A Bill for an Act to amend the National Health Act
1
1953, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the National Health Amendment (Pharmaceutical
5
Benefits) Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
National Health Amendment (Pharmaceutical Benefits) Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Use of computer programs Part 1
No. , 2016
National Health Amendment (Pharmaceutical Benefits) Bill 2016
3
Schedule 1--Amendments
1
Part 1--Use of computer programs
2
National Health Act 1953
3
1 After section 101A
4
Insert:
5
101B Use of computer programs to take administrative action
6
Computer programs for administrative action by Minister
7
(1) The Minister may arrange for the use, under the Secretary's
8
control, of computer programs for any purposes for which the
9
Minister may or must take administrative action under this Part or
10
a legislative instrument made for the purposes of this Part.
11
Computer programs for administrative action by Secretary
12
(2) The Secretary may arrange for the use, under the Secretary's
13
control, of computer programs for any purposes for which the
14
Secretary may or must take administrative action under this Part or
15
a legislative instrument made for the purposes of this Part.
16
Computer programs for administrative action by Chief Executive
17
Medicare
18
(3) The Chief Executive Medicare may arrange for the use, under the
19
Chief Executive Medicare's control, of computer programs for any
20
purposes for which the Chief Executive Medicare may or must take
21
administrative action under this Part or a legislative instrument
22
made for the purposes of this Part.
23
Responsible person for arrangement taken to have taken
24
administrative action
25
(4) For the purposes of this Part or a legislative instrument made for
26
the purposes of this Part, if administrative action is taken by the
27
operation of a computer program under an arrangement under
28
Schedule 1 Amendments
Part 1 Use of computer programs
4
National Health Amendment (Pharmaceutical Benefits) Bill 2016
No. , 2016
subsection (1), (2) or (3), the responsible person for the
1
arrangement is taken to have taken the administrative action.
2
Substituted decisions
3
(5) The responsible person may, under a provision of this Part or a
4
legislative instrument made for the purposes of this Part, make a
5
decision in substitution for a decision he or she is taken to have
6
made under subsection (4), if the responsible person is satisfied
7
that the decision made by the operation of the computer program is
8
incorrect.
9
Note:
For review of a decision made in substitution, see Part VIIA.
10
Definitions
11
(6) In this section:
12
administrative action: each of the following constitutes taking
13
administrative action for the purposes of this section:
14
(a) making a decision;
15
(b) exercising any power or complying with any obligation;
16
(c) doing anything else related to making a decision or
17
exercising a power or complying with an obligation.
18
responsible person means:
19
(a) for an arrangement under subsection (1)--the Minister; or
20
(b) for an arrangement under subsection (2)--the Secretary; or
21
(c) for an arrangement under subsection (3)--the Chief
22
Executive Medicare.
23
Amendments Schedule 1
Temporary supply of pharmaceutical benefits at alternative premises Part 2
No. , 2016
National Health Amendment (Pharmaceutical Benefits) Bill 2016
5
Part 2--Temporary supply of pharmaceutical
1
benefits at alternative premises
2
National Health Act 1953
3
2 Paragraph 84C(4)(a) (note)
4
Repeal the note.
5
3 Paragraph 89(a) (note)
6
Repeal the note.
7
4 After section 91
8
Insert:
9
91A Application to supply pharmaceutical benefits at alternative
10
premises because of disaster or exceptional circumstances
11
(1) The Secretary may, on application by a pharmacist who is
12
approved under section 90 in respect of particular premises (the
13
affected premises), grant the approved pharmacist permission to
14
supply pharmaceutical benefits at other premises (the alternative
15
premises) if the Secretary is satisfied that:
16
(a) because of a disaster or exceptional circumstances relating to
17
the affected premises:
18
(i) the approved pharmacist is unable to supply
19
pharmaceutical benefits at the affected premises; or
20
(ii) the affected premises are not accessible by members of
21
the public for the purpose of receiving pharmaceutical
22
benefits; and
23
(b) the alternative premises are in substantially the same locality
24
as the affected premises.
25
Note:
The Minister may determine matters for the purposes of the Secretary
26
making decisions under this subsection: see subsection (11).
27
(2) The Secretary must refuse to grant the permission if the Secretary
28
is satisfied that:
29
(a) the approved pharmacist is unable to supply pharmaceutical
30
benefits at the alternative premises; or
31
Schedule 1 Amendments
Part 2 Temporary supply of pharmaceutical benefits at alternative premises
6
National Health Amendment (Pharmaceutical Benefits) Bill 2016
No. , 2016
(b) the alternative premises are not accessible by members of the
1
public for the purpose of receiving pharmaceutical benefits at
2
times that, in the opinion of the Secretary, are reasonable.
3
Application requirements
4
(3) The application must:
5
(a) be in writing and in a form approved by the Secretary (if
6
any); and
7
(b) unless the Secretary otherwise allows, be made:
8
(i) as soon as reasonably practicable after the condition in
9
paragraph (1)(a) is first met in relation to the affected
10
premises; and
11
(ii) before the end of the period of 14 days beginning on the
12
day the approved pharmacist starts supplying
13
pharmaceutical benefits at or from the alternative
14
premises; and
15
(c) be accompanied by documentary evidence, of a kind
16
determined under paragraph (11)(e) (if any), demonstrating
17
that:
18
(i) paragraphs (1)(a) and (b) are satisfied for the
19
application; and
20
(ii) paragraphs (2)(a) and (b) are not satisfied for the
21
application.
22
Secretary may require further information or documents
23
(4) For the purposes of considering the application, the Secretary may,
24
by written notice given to the approved pharmacist, require the
25
approved pharmacist to give the Secretary specified information, or
26
produce to the Secretary specified documents, within a specified
27
period.
28
(5) If the approved pharmacist does not give the information or
29
produce the documents within the specified period, the Secretary
30
may treat the application as having been withdrawn.
31
Notifying approved pharmacist of decision on application
32
(6) The Secretary must give the approved pharmacist written notice of
33
the Secretary's decision on the application.
34
Amendments Schedule 1
Temporary supply of pharmaceutical benefits at alternative premises Part 2
No. , 2016
National Health Amendment (Pharmaceutical Benefits) Bill 2016
7
Effect of permission
1
(7) If the Secretary grants the approved pharmacist permission to
2
supply pharmaceutical benefits at the alternative premises:
3
(a) the approved pharmacist is to be treated for all purposes of
4
this Act (except section 92 and subsection 98(4)) as if the
5
approved pharmacist were, during the temporary supply
6
period, approved under section 90 as an approved pharmacist
7
in relation to the alternative premises; and
8
(b) references in this Act to an approval granted under section 90
9
include references to an approval treated as having been
10
granted under section 90 by paragraph (a) of this subsection;
11
and
12
(c) the conditions to which an approval granted under section 90
13
is subject (including any condition that is imposed by means
14
of the Minister's determination for the purposes of
15
paragraph 92A(1)(f)) also apply to an approval that is treated
16
as having been granted under section 90 by paragraph (a) of
17
this subsection; and
18
(d) in addition to supplying pharmaceutical benefits at the
19
alternative premises during the temporary supply period, the
20
approved pharmacist may also supply pharmaceutical
21
benefits from the alternative premises during that period.
22
Note:
For paragraph (a), section 92 and subsection 98(4) deal with the
23
approval of medical practitioners to supply pharmaceutical benefits if
24
there is no convenient and efficient pharmaceutical service being
25
supplied by an approved pharmacist in an area.
26
Meaning of temporary supply period
27
(8) For the purposes of subsection (7), the temporary supply period
28
begins immediately before the approved pharmacist first starts to
29
supply pharmaceutical benefits at or from the alternative premises
30
and ends at the earliest of the following times:
31
(a) the end of the following period beginning on the day after the
32
condition in paragraph (1)(a) is first met in relation to the
33
affected premises:
34
(i) 6 months (unless subparagraph (ii) or (iii) applies);
35
(ii) a shorter period specified in the notice of the Secretary's
36
decision granting the permission;
37
Schedule 1 Amendments
Part 2 Temporary supply of pharmaceutical benefits at alternative premises
8
National Health Amendment (Pharmaceutical Benefits) Bill 2016
No. , 2016
(iii) if the Secretary, by written notice given to the approved
1
pharmacist before the end of the period that would
2
otherwise apply under subparagraph (i) or (ii) or this
3
subparagraph, extends that period by a further specified
4
period--that period as so extended;
5
(b) when the approved pharmacist supplies pharmaceutical
6
benefits, after the beginning of the temporary supply period,
7
at or from:
8
(i) the affected premises; or
9
(ii) premises (other than the alternative premises or
10
premises for which the pharmacist is approved under
11
section 90) that the Secretary is satisfied are in
12
substantially the same locality as the affected premises;
13
(c) when an approval is granted to the approved pharmacist
14
under section 90 in respect of the alternative premises;
15
(d) when the approved pharmacist's approval for the affected
16
premises is cancelled under section 98;
17
(e) when the permission is revoked under subsection (9) of this
18
section.
19
Revoking permission
20
(9) The Secretary may, by written notice given to the approved
21
pharmacist, revoke the permission if the Secretary is satisfied that:
22
(a) both:
23
(i) the approved pharmacist is able to supply
24
pharmaceutical benefits at the affected premises; and
25
(ii) the affected premises are accessible by members of the
26
public for the purpose of receiving pharmaceutical
27
benefits; or
28
(b) the approved pharmacist is unable to supply pharmaceutical
29
benefits at the alternative premises; or
30
(c) the alternative premises are not accessible by members of the
31
public for the purpose of receiving pharmaceutical benefits at
32
times that, in the opinion of the Secretary, are reasonable; or
33
(d) it is in the public interest to do so.
34
Amendments Schedule 1
Temporary supply of pharmaceutical benefits at alternative premises Part 2
No. , 2016
National Health Amendment (Pharmaceutical Benefits) Bill 2016
9
Effect of certain State and Territory laws
1
(10) Nothing in this section authorises the Secretary to grant a
2
permission under subsection (1) to an approved pharmacist to
3
supply pharmaceutical benefits at premises at which the approved
4
pharmacist is not permitted, under the law of the State or Territory
5
in which the premises are situated, to carry on business.
6
Minister may determine certain matters for purposes of this section
7
(11) The Minister may, by legislative instrument, determine any or all
8
of the following:
9
(a) matters to which the Secretary may, must or must not have
10
regard for the purposes of making a decision for the purposes
11
of this section;
12
(b) events that are taken to be, or not to be, disasters for the
13
purposes of paragraph (1)(a);
14
(c) circumstances that are taken to be, or not to be, exceptional
15
circumstances for the purposes of paragraph (1)(a);
16
(d) circumstances in which premises are taken to be, or not to be,
17
in substantially the same locality as other premises for the
18
purposes of paragraph (1)(b) or subparagraph (8)(b)(ii);
19
(e) kinds of documentary evidence for the purposes of
20
paragraph (3)(c).
21
5 Subsections 99(3A) and (3B)
22
Repeal the subsections.
23
6 After subsection 105AB(7AA)
24
Insert:
25
(7AB) An application may be made to the Tribunal for review of a
26
decision of the Secretary:
27
(a) under subsection 91A(1) refusing an application under
28
section 91A; or
29
(b) under subsection 91A(5) treating an application under
30
section 91A as having been withdrawn; or
31
(c) under subsection 91A(9) revoking a permission granted
32
under section 91A.
33
Schedule 1 Amendments
Part 2 Temporary supply of pharmaceutical benefits at alternative premises
10
National Health Amendment (Pharmaceutical Benefits) Bill 2016
No. , 2016
7 Application of amendments and savings provisions
1
Application of new law
2
(1)
The Secretary may, on application by an approved pharmacist, grant the
3
pharmacist a permission in accordance with section 91A of the new law
4
if the Secretary is satisfied that the condition mentioned in
5
paragraph (1)(a) of that section was first met in relation to the affected
6
premises:
7
(a) on or after the commencement of this item; or
8
(b) during the period of 6 months before that commencement.
9
(2)
For the purposes of an application to which paragraph (1)(b) of this item
10
applies, subsection 91A(3) of the new law applies as if:
11
(a) paragraph (b) of that subsection were omitted; and
12
(b) the application were instead required to be made before the
13
end of the period of 14 days starting at the commencement of
14
this item, unless the Secretary otherwise allows.
15
Continued operation of old law for a limited period
16
(3)
Subsections 99(3A) and (3B) of the old law continue to apply in relation
17
to the supply of a pharmaceutical benefit (the relevant supply) by an
18
approved pharmacist at or from premises (the unapproved premises) in
19
respect of which the approved pharmacist is not, at the time of the
20
relevant supply, approved under section 90 of the old law or the new
21
law if:
22
(a) the approved pharmacist supplied pharmaceutical benefits at
23
or from the unapproved premises before the commencement
24
of this item; and
25
(b) the relevant supply occurs before the end of the period of 6
26
months starting at that commencement; and
27
(c) before the end of that 6-month period, the approved
28
pharmacist obtains approval under section 90 of the new law
29
to supply pharmaceutical benefits at the unapproved
30
premises; and
31
(d) the relevant supply does not occur during the temporary
32
supply period for a permission granted under section 91A of
33
the new law for the approved pharmacist to supply
34
pharmaceutical benefits at the unapproved premises.
35
Amendments Schedule 1
Temporary supply of pharmaceutical benefits at alternative premises Part 2
No. , 2016
National Health Amendment (Pharmaceutical Benefits) Bill 2016
11
Definitions
1
(4)
In this item:
2
new law means the National Health Act 1953, as amended by this Part.
3
old law means the National Health Act 1953, as in force immediately
4
before the commencement of this Part.
5
Schedule 1 Amendments
Part 3 Effect of death on status as concessional beneficiary or dependant
12
National Health Amendment (Pharmaceutical Benefits) Bill 2016
No. , 2016
Part 3--Effect of death on status as concessional
1
beneficiary or dependant
2
National Health Act 1953
3
8 Subsection 84(1) (at the end of the definition of
4
concessional beneficiary)
5
Add:
6
Note:
See also subsection (3C) (effect of a person's death on status as a
7
concessional beneficiary).
8
9 Subsection 84(1) (at the end of the definition of dependant)
9
Add:
10
Note:
See also subsection (7A) (effect of a person's death on status as a
11
dependant of a concessional beneficiary).
12
10 After subsection 84(3B)
13
Insert:
14
(3C) If a person would have been a concessional beneficiary at a
15
particular time on a day except that the person died on that day
16
then, despite that death, the person is taken still to be a
17
concessional beneficiary at that time (whether that time is before or
18
after the time of death).
19
11 After subsection 84(7)
20
Insert:
21
(7A) If a person (the relevant person) would have been a dependant of a
22
concessional beneficiary at a particular time on a day except that:
23
(a) the relevant person died on that day; or
24
(b) the concessional beneficiary died on that day;
25
then, despite that death, the relevant person is taken still to be a
26
dependant of a concessional beneficiary at that time (whether that
27
time is before or after the time of death).
28
Amendments Schedule 1
Effect of death on status as concessional beneficiary or dependant Part 3
No. , 2016
National Health Amendment (Pharmaceutical Benefits) Bill 2016
13
12 Application of amendments
1
The amendments made by this Part apply at and after the
2
commencement of this item in relation to a person who dies on or after
3
1 April 2015.
4
Schedule 1 Amendments
Part 4 Repeals of spent provisions
14
National Health Amendment (Pharmaceutical Benefits) Bill 2016
No. , 2016
Part 4--Repeals of spent provisions
1
National Health Act 1953
2
13 Section 104B
3
Repeal the section.
4