(1) A supply of a pharmaceutical benefit to a person is an early supply of a specified pharmaceutical benefit if:
(a) the pharmaceutical item in the pharmaceutical benefit is specified in an instrument under subsection (2); and
(b) the supply of the pharmaceutical benefit is made within the period specified in an instrument under subsection (2) following a previous supply to the person of:
(i) the pharmaceutical benefit; or
(ii) another pharmaceutical benefit that has the same pharmaceutical item as the pharmaceutical benefit; or
(iii) another pharmaceutical benefit that is Schedule equivalent to the pharmaceutical benefit; and
(c) the supply does not result from a prescription originating from a hospital.
Note: For hospital see subsection 4(1).
(2) The Minister may, by legislative instrument, specify:
(a) pharmaceutical items for the purposes of paragraph (1)(a); and
(b) periods following previous supply for the purposes of paragraph (1)(b).
(3) A pharmaceutical item may be specified in an instrument under subsection (2) by reference to:
(a) the circumstances in which a pharmaceutical benefit that has the pharmaceutical item is supplied; or
(b) any other circumstances in relation to a pharmaceutical benefit that has the pharmaceutical item.
(4) In this section, a reference to a pharmaceutical benefit
includes a reference to a repatriation pharmaceutical benefit.