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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Health Amendment
(Pharmaceutical Benefits) Bill 2019
No. , 2019
(Health)
A Bill for an Act to amend the National Health Act
1953, and for related purposes
No. , 2019
National Health Amendment (Pharmaceutical Benefits) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Application fees for pharmacist applications
3
National Health Act 1953
3
Schedule 2--Supply of pharmaceutical benefits following
bankruptcy or external administration
5
National Health Act 1953
5
No. , 2019
National Health Amendment (Pharmaceutical Benefits) Bill 2019
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 2019.
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 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after the end of the period of 2
months beginning on the day this Act
receives the Royal Assent.
3. Schedule 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
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
Application fees for pharmacist applications Schedule 1
No. , 2019
National Health Amendment (Pharmaceutical Benefits) Bill 2019
3
Schedule 1--Application fees for pharmacist
1
applications
2
3
National Health Act 1953
4
1 After paragraph 6(1)(a)
5
Insert:
6
(aa) the Minister's power under subsection 90(10); or
7
2 At the end of subsection 90(1)
8
Add:
9
Note:
There is an application fee for the application: see subsection (9).
10
3 Subsection 90(2)
11
After "a separate application", insert "under subsection (1)".
12
4 At the end of subsection 90(3)
13
Add:
14
Note:
There is an application fee for the application: see subsection (9).
15
5 Subsection 90(3A)
16
Omit "and (3AE)", substitute ", (3AE) and (13)".
17
6 At the end of section 90
18
Add:
19
Application fee
20
(9) An application under subsection (1) or (3) must be accompanied by
21
the application fee determined in an instrument under
22
subsection (10).
23
(10) The Minister may, by legislative instrument, determine application
24
fees for applications under subsection (1) or (3).
25
(11) The Minister may determine different fees for different kinds of
26
applications.
27
Schedule 1 Application fees for pharmacist applications
4
National Health Amendment (Pharmaceutical Benefits) Bill 2019
No. , 2019
(12) A fee must not be such as to amount to taxation.
1
Consequences of application fee not being paid
2
(13) An application under subsection (1) or (3) is not required to be
3
referred under subsection (3A) to the Authority if the applicant has
4
not paid the application fee for the application.
5
(14) The Secretary may refuse to make a decision on an application
6
under subsection (1) or (3) if the applicant has not paid the
7
application fee for the application.
8
7 Application provision
9
The amendments of section 90 of the National Health Act 1953 made
10
by this Schedule apply in relation to an application made under
11
subsection 90(1) or (3) of that Act on or after the commencement of this
12
item.
13
Supply of pharmaceutical benefits following bankruptcy or external administration
Schedule 2
No. , 2019
National Health Amendment (Pharmaceutical Benefits) Bill 2019
5
Schedule 2--Supply of pharmaceutical
1
benefits following bankruptcy or
2
external administration
3
4
National Health Act 1953
5
1 Subsection 84(1) (paragraph (a) of the definition of
6
approved pharmacist)
7
After "section 91", insert "or 91B".
8
2 Subsection 84(1) (at the end of paragraph (b) of the
9
definition of approved pharmacist)
10
Add "or 91B".
11
3 After section 91A
12
Insert:
13
91B Application to supply pharmaceutical benefits if approved
14
pharmacist is bankrupt or external administrator in
15
relation to pharmacy
16
Approved pharmacist is an individual and individual is bankrupt
17
(1) If:
18
(a) an approval under section 90 in respect of particular premises
19
covers one individual and the individual is bankrupt; and
20
(b) the trustee (the applicant) of the estate of the bankrupt
21
individual makes an application to the Secretary for
22
permission to supply pharmaceutical benefits at those
23
premises;
24
the Secretary must grant, or refuse to grant, the applicant
25
permission to supply pharmaceutical benefits at those premises.
26
Approved pharmacist is a partnership and partners are bankrupt
27
(2) If:
28
Schedule 2 Supply of pharmaceutical benefits following bankruptcy or external
administration
6
National Health Amendment (Pharmaceutical Benefits) Bill 2019
No. , 2019
(a) an approval under section 90 in respect of particular premises
1
covers a partnership that consists only of individuals and
2
each of the partners is bankrupt; and
3
(b) either:
4
(i) if the same person is the trustee of the estate of each of
5
the bankrupt partners--the trustee (the applicant) makes
6
an application to the Secretary for permission to supply
7
pharmaceutical benefits at those premises; or
8
(ii) otherwise--the trustees (the applicant) of the estates of
9
the bankrupt partners make a joint application to the
10
Secretary for permission to supply pharmaceutical
11
benefits at those premises;
12
the Secretary must grant, or refuse to grant, the applicant
13
permission to supply pharmaceutical benefits at those premises.
14
External administrator in relation to pharmacy
15
(3) If:
16
(a) an approval under section 90 is in force in respect of
17
particular premises; and
18
(b) there is an external administrator in relation to the pharmacy
19
situated at those premises; and
20
(c) the external administrator (the applicant) makes an
21
application to the Secretary for permission to supply
22
pharmaceutical benefits at those premises;
23
the Secretary must grant, or refuse to grant, the applicant
24
permission to supply pharmaceutical benefits at those premises.
25
Note:
For external administrator, see subsection (16). For pharmacy, see
26
subsection (17).
27
Application requirements
28
(4) An application under subsection (1), (2) or (3) in relation to
29
particular premises must:
30
(a) be in writing and in a form approved by the Secretary; and
31
(b) unless the Secretary otherwise allows, be made before the
32
end of the period of 10 business days beginning on:
33
(i) for an application under subsection (1)--the day the
34
trustee became the trustee of the estate of the bankrupt
35
individual; or
36
Supply of pharmaceutical benefits following bankruptcy or external administration
Schedule 2
No. , 2019
National Health Amendment (Pharmaceutical Benefits) Bill 2019
7
(ii) for an application under subsection (2)--the first day on
1
which there was a trustee of the estate of each bankrupt
2
partner; or
3
(iii) for an application under subsection (3)--the day the
4
applicant became the external administrator; and
5
(c) be accompanied by documentary evidence that:
6
(i) for an application under subsection (1) or (2)--there is a
7
trustee of the estate of the bankrupt individual or of the
8
estate of each bankrupt partner; or
9
(ii) for an application under subsection (3)--there is an
10
external administrator in relation to the pharmacy; and
11
(d) be accompanied by a statement setting out:
12
(i) whether, at the time of the application, the pharmacy
13
situated at the premises is operating at the premises; and
14
(ii) if the pharmacy is not operating at the premises--the
15
day the pharmacy ceased operating and the day of the
16
proposed resumption of operation; and
17
(iii) the grounds on which the applicant considers the
18
pharmacy can continue or resume operating at the
19
premises.
20
Secretary may require further information or documents
21
(5) For the purposes of considering the application, the Secretary may,
22
by written notice given to the applicant, require the applicant to
23
give the Secretary further specified information, or produce to the
24
Secretary further specified documents, within a specified period.
25
(6) If the applicant does not give the information, or produce the
26
documents, within the specified period, the Secretary may treat the
27
application as having been withdrawn.
28
Rules about grant of permission
29
(7) The Secretary must, under subsection (1), (2) or (3), grant the
30
applicant permission to supply pharmaceutical benefits at the
31
premises if the Secretary is satisfied that:
32
(a) at the time of the application, the pharmacy situated at the
33
premises is operating at the premises; and
34
(b) the pharmacy can continue operating after the grant of the
35
permission; and
36
Schedule 2 Supply of pharmaceutical benefits following bankruptcy or external
administration
8
National Health Amendment (Pharmaceutical Benefits) Bill 2019
No. , 2019
(c) the premises are accessible by members of the public for the
1
purpose of receiving pharmaceutical benefits at times that, in
2
the opinion of the Secretary, are reasonable.
3
Note:
If, at the time of the application, the pharmacy situated at the premises
4
is not operating at the premises, the Secretary is still able to grant the
5
permission under subsection (1), (2) or (3).
6
(8) However, while a permission granted under this section is in force
7
in relation to particular premises, the Secretary must not grant any
8
further permission under this section in relation to those premises.
9
Notifying decision on application
10
(9) The Secretary must:
11
(a) give the applicant written notice of the Secretary's decision
12
on the application; and
13
(b) if the Secretary refuses to grant the permission--state in the
14
notice the reasons for the refusal.
15
Effect of permission
16
(10) If the Secretary grants a permission under subsection (1), (2) or (3)
17
to supply pharmaceutical benefits at particular premises:
18
(a) the holder of the permission is to be treated for all purposes
19
of this Act as if the holder were, on and after the day the
20
application for the permission was made, approved under
21
section 90 as an approved pharmacist in relation to those
22
premises; and
23
(b) any supply of pharmaceutical benefits at or from those
24
premises by a pharmacist, who is not an approved
25
pharmacist, on or after the day the application for the
26
permission was made and before the grant of that permission
27
is to be treated as if it had been a supply of those
28
pharmaceutical benefits by the holder of the permission; and
29
(c) references in this Act to an approval granted under section 90
30
include references to an approval treated as having been
31
granted under section 90 by paragraph (a) of this subsection;
32
and
33
(d) the conditions to which an approval granted under section 90
34
is subject (including any condition that is imposed by means
35
of the Minister's determination for the purposes of
36
Supply of pharmaceutical benefits following bankruptcy or external administration
Schedule 2
No. , 2019
National Health Amendment (Pharmaceutical Benefits) Bill 2019
9
paragraph 92A(1)(f)) also apply to an approval treated as
1
having been granted under section 90 by paragraph (a) of this
2
subsection; and
3
(e) the rights conferred and obligations imposed on an approved
4
pharmacist apply to the holder of the permission in the
5
holder's activities as such an approved pharmacist.
6
Note 1:
One of the effects of paragraph (a) is that, if the holder of the
7
permission supplies a pharmaceutical benefit, the holder may be
8
entitled to a payment under section 99 for the supply of the benefit.
9
Note 2:
For pharmacist see subsection 4(1).
10
Duration of permission
11
(11) A permission granted under subsection (1), (2) or (3) in relation to
12
particular premises continues, unless it is sooner revoked, until the
13
Secretary grants another approval under section 90 in respect of
14
those premises.
15
Note:
Subsections (12) and (13) deal with revocation of the permission and
16
subsection (14) deals with variation of the permission.
17
Revoking permission
18
(12) The Secretary may, by written notice given to the holder of the
19
permission, revoke the permission if the Secretary is satisfied that:
20
(a) there has been a contravention of a condition covered by
21
paragraph (10)(d); or
22
(b) the holder of the permission is not carrying on the business of
23
a pharmacist at the premises in respect of which the
24
permission is granted; or
25
(c) the premises are not accessible by members of the public for
26
the purpose of receiving pharmaceutical benefits at times
27
that, in the opinion of the Secretary, are reasonable; or
28
(d) it is otherwise appropriate in the circumstances to revoke the
29
permission.
30
(13) The Secretary must, by written notice given to the holder of the
31
permission, revoke the permission if the holder makes a request in
32
writing (including reasons for the request) to the Secretary for
33
revocation of the permission.
34
Schedule 2 Supply of pharmaceutical benefits following bankruptcy or external
administration
10
National Health Amendment (Pharmaceutical Benefits) Bill 2019
No. , 2019
Varying permission
1
(14) The Secretary may, by notice in writing, vary a permission granted
2
under subsection (1), (2) or (3) to reflect changes in the trustee or
3
trustees of the estate or estates concerned or in the external
4
administrator in relation to the pharmacy concerned. A variation
5
takes effect on the day specified in the notice (which may be earlier
6
than the day the variation is made).
7
Note:
A variation will result in a different holder of the permission.
8
Effect of certain State and Territory laws
9
(15) Nothing in this section authorises the Secretary to grant a
10
permission under subsection (1), (2) or (3) to a person to supply
11
pharmaceutical benefits at premises at which the person is not
12
permitted, under the law of the State or Territory in which the
13
premises are situated, to carry on business.
14
Definitions
15
(16) For the purposes of this section, an external administrator, in
16
relation to a pharmacy, is:
17
(a) an administrator of the pharmacy; or
18
(b) a managing controller (within the meaning of the
19
Corporations Act 2001) in relation to property of any
20
company operating the pharmacy; or
21
(c) an external administrator (within the meaning of section 5-20
22
of Schedule 2 to the Corporations Act 2001) of any company
23
operating the pharmacy.
24
(17) For the purposes of this section, a pharmacy is a business in the
25
course of the carrying on of which pharmaceutical benefits are
26
supplied.
27
(18) A reference in this section to the trustee of the estate of a bankrupt
28
is to be read:
29
(a) in relation to an estate in respect of which there are 2 or more
30
joint trustees--as a reference to all the trustees; or
31
(b) in relation to an estate in respect of which there are 2 or more
32
joint and several trustees--as a reference to all of the trustees
33
or any one or more of the trustees.
34
Supply of pharmaceutical benefits following bankruptcy or external administration
Schedule 2
No. , 2019
National Health Amendment (Pharmaceutical Benefits) Bill 2019
11
(19) A reference in this section to the external administrator in relation
1
to a pharmacy is to be read:
2
(a) in relation to a pharmacy in respect of which there are 2 or
3
more joint external administrators--as a reference to all of
4
the external administrators; and
5
(b) in relation to a pharmacy in respect of which there are 2 or
6
more joint and several external administrators--as a
7
reference to all of the external administrators or any one or
8
more of the external administrators.
9
4 After subsection 98(2)
10
Insert:
11
(2A) Despite subsections (1) and (2), the Secretary may refuse to cancel
12
an approval of an approved pharmacist in respect of particular
13
premises if:
14
(a) the approved pharmacist is bankrupt; or
15
(b) there is an external administrator (within the meaning of
16
section 91B) in relation to the pharmacy (within the meaning
17
of that section) situated at those premises.
18
5 After subsection 98(3)
19
Insert:
20
(3AA) If:
21
(a) a permission under section 91B is in force in relation to
22
particular premises; and
23
(b) the holder of the permission requests that the approval of the
24
pharmacist under section 90 in respect of those premises be
25
cancelled;
26
the Secretary must cancel the approval. The Secretary must give
27
written notice of the cancellation to the pharmacist and the holder
28
of the permission.
29
(3AB) If a permission under section 91B in relation to particular premises
30
is revoked under subsection 91B(12) or (13), the Secretary may
31
cancel the approval of the pharmacist under section 90 in respect of
32
those premises. The Secretary must give written notice of the
33
cancellation to the pharmacist.
34
Schedule 2 Supply of pharmaceutical benefits following bankruptcy or external
administration
12
National Health Amendment (Pharmaceutical Benefits) Bill 2019
No. , 2019
6 After subsection 105AB(7AB)
1
Insert:
2
(7AC) An application may be made to the Tribunal for review of a
3
decision of the Secretary:
4
(a) under subsection 91B(1), (2) or (3) refusing to grant a
5
permission; or
6
(b) under subsection 91B(6) treating an application under
7
section 91B as having been withdrawn; or
8
(c) under subsection 91B(12) revoking a permission granted
9
under section 91B.
10
7 Subsection 105AB(8A)
11
Omit "or (3A) to revoke", substitute ", (3AB) or (3A) to cancel".
12
8 Application provisions
13
(1)
Subsection 91B(1) of the National Health Act 1953, as inserted by this
14
Schedule, applies where the individual becomes bankrupt on or after the
15
commencement of this item, whether the approval under section 90 of
16
that Act was granted before, on or after that commencement.
17
(2)
Subsection 91B(2) of the National Health Act 1953, as inserted by this
18
Schedule, applies where each of the partners becomes bankrupt on or
19
after the commencement of this item, whether the approval under
20
section 90 of that Act was granted before, on or after that
21
commencement.
22
(3)
Subsection 91B(3) of the National Health Act 1953, as inserted by this
23
Schedule, applies where a person becomes an external administrator on
24
or after the commencement of this item, whether the approval under
25
section 90 of that Act was granted before, on or after that
26
commencement.
27
(4)
Subsection 98(2A) of the National Health Act 1953, as inserted by this
28
Schedule, applies where the approved pharmacist becomes bankrupt, or
29
where a person becomes an external administrator, on or after the
30
commencement of this item, whether the approval under section 90 of
31
that Act was granted before, on or after that commencement.
32