Commonwealth Numbered Acts

HEALTH, HOUSING AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1992 No. 88 of 1992 - SECT 59

59. Section 87A of the Principal Act is amended:
(a) by omitting from subsection (1) "This section" and substituting
"Subsection (2)";

   (b)  by omitting from paragraph (1)(a) "or a person who is eligible to be
        issued with a concession card or an entitlement card";

   (c)  by adding at the end the following subsections:

"(3) Subsection (4) applies if:

   (a)  under this Act an approved supplier charged a person an amount in
        respect of a supply of a pharmaceutical benefit; and

   (b)  at the time of the supply, the person was eligible to be issued with a
        concession card or an entitlement card but was not the holder of such
        a card.

"(4) If the Secretary is satisfied:

   (a)  that the failure to issue a concession card or entitlement card was
        not caused by some wilful action of the person; and

   (b)  that in the circumstances the person should be treated as if:

        (i)    the person had been at the time when the pharmaceutical benefit
               was supplied the holder of a concession card or entitlement
               card; and

        (ii)   the prescription upon which the pharmaceutical benefit had been
               supplied were a concession card prescription or entitlement
               card prescription (as the case may be); the person is entitled
               to be paid by the Commonwealth an amount equal to any amount
               paid by the person that would not have been payable if the
               pharmaceutical benefit had been supplied on a concession card
               prescription or an entitlement card prescription (as the case
               may be).".