Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT (NO. 2) 1982 NO. 112 OF 1982 - SECT 25

25. After section 84 of the Principal Act the following section is inserted:
Concessional benefit prescriptions and pensioner benefit prescriptions

''84AA. (1) A written prescription shall not be taken, for the purposes of
this Part, to be a prescription in respect of a concessional beneficiary
unless there appears on the reverse side of the prescription, a declaration
made by, or purporting to be made by-

   (a)  the patient; or

   (b)  a person who has attained the age of 12 years and who is authorized by
        the patient to act on his behalf, in accordance with the prescribed
        form, that, to the best of his knowledge and belief, the patient is a
        concessional beneficiary.

''(2) A written prescription shall not be taken, for the purposes of this
Part, to be a prescription in respect of a dependant of a concessional
beneficiary, unless there appears on the reverse side of the prescription, a
declaration made by, or purporting to be made by-

   (a)  if the patient has not attained the age of 12 years-the concessional
        beneficiary, or a person who has attained the age of 12 years and who
        is authorized by the concessional beneficiary to act on his behalf; or

   (b)  if the patient has attained the age of 12 years-the patient, the
        concessionial beneficiary, or a person who has attained the age of 12
        years and who is authorized by the patient or the
        concessional beneficiary to act on his behalf, in accordance with the
        prescribed form, that, to the best of his knowledge and belief, the
        patient is a dependant of a concessional beneficiary.

''(3) A written prescription shall not be taken, for the purposes of this
Part, to be a prescription in respect of a pensioner unless there appears on
the reverse side of the prescription, a declaration made by, or purporting to
be made by-

   (a)  the patient; or

   (b)  a person who has attained the age of 12 years and who is authorized by
        the patient to act on his behalf, in accordance with the prescribed
        form, that, to the best of his knowledge and belief, the patient is a
        pensioner.

''(4) A written prescription shall not be taken, for the purposes of this
Part, to be a prescription in respect of a dependant of a pensioner, unless
there appears on the reverse side of the prescription, a declaration made by,
or purporting to be made by-

   (a)  if the patient has not attained the age of 12 years-the pensioner, or
        a person who has attained the age of 12 years and who is authorized by
        the pensioner to act on his behalf; or

   (b)  if the patient has attained the age of 12 years-the patient, the
        pensioner, or a person who has attained the age of 12 years and who is
        authorized by the patient or the pensioner to act on his behalf, in
        accordance with the prescribed form, that, to the best of his
        knowledge and belief, the patient is a dependant of a pensioner.

''(5) A prescribed form may require a declaration made with respect to a
person to be made specifying such particulars in relation to the status of the
person as a concessional beneficiary, pensioner, or dependant of a
concessional beneficiary or pensioner, as are specified in the form.

''(6) Where-

   (a)  a prescription is communicated to an approved pharmaceutical chemist
        in pursuance of paragraph 89 (a); and

   (b)  immediately before the supply of a pharmaceutical benefit upon that
        prescription, a declaration made, or purporting to be made, either
        orally or in writing, by-

        (i)    if the patient has not attained the age of 12 years-the person,
               being a concessional beneficiary or a pensioner, with respect
               to whom the patient is a dependant; or

        (ii)   if the patient has attained the age of 12 years-the patient,
               or, if the patient is a dependant of another person, being a
               concessional beneficiary or a pensioner-that other person,

that the patient is-

        (iii)  a concessional beneficiary or dependant of a concessional
               beneficiary; or

        (iv)   a pensioner or a dependant of a pensioner,

and specifying such particulars in relation to the status of the patient as
would have been required to have been declared if that declaration had been
made in accordance with the prescribed form is communicated to the chemist,
the prescription shall be taken, for the purposes of this Part, to be a
prescription in respect of-

   (c)  a concessional beneficiary or a dependant of a concessional
        beneficiary; or

   (d)  a pensioner or a dependant of a pensioner, as the case requires.

''(7) The Minister may, by instrument in writing, set out a form to be the
prescribed form for the purposes of this section.

''(8) A copy of an instrument made under sub-section (7) shall be published in
the Gazette.

''(9) In this section-

'patient', in relation to a prescription, means the person receiving medical
or dental treatment with respect to whom the prescription is written or made;

'prescribed form' means the form set out in an instrument in force under
sub-section (7);

'written prescription' means a prescription written by a medical practitioner
or a participating dental practitioner in accordance with this Act and the
regulations.''.