Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT (NO. 2) 1982 NO. 112 OF 1982 - SECT 29

29. (1) Section 92A of the Principal Act is amended by omitting from
sub-section (3) ''sections 95 and 97'' and substituting ''section 95''.

(2) Section 92A of the Principal Act is further amended-

(a) by omitting from paragraph (1) (a) ''that is less than the maximum''
and substituting ''other than the'';

(b) by omitting from paragraph (1) (c) ''that is less than the maximum''
and substituting ''other than the'';

   (c)  by inserting after paragraph (1) (c) the following paragraph:

''(ca) a condition that where-

        (i)    the approved pharmaceutical chemist supplies a pharmaceutical
               benefit upon a prescription that, in accordance with
               sub-section 84AA (6), is a concessional benefit prescription or
               a pensioner benefit prescription; and

        (ii)   that prescription is subsequently reduced to a document in
               writing (in this paragraph referred to as the 'relevant
               document') and given to the chemist in pursuance of regulations
               in force for the purposes of this Part,

the chemist shall make a declaration on the reverse side of the relevant
document in such a manner as would, if the relevant document were a written
prescription, cause that prescription to be, in accordance with sub-section
84AA (1) or (2), a concessional benefit prescription, or, in accordance with
sub-section 84AA (3) or (4), a pensioner benefit prescription, as the case
requires;'';

   (d)  by omitting from paragraph (2) (a) ''prescriptions that are marked, in
        accordance with the regulations, as prescriptions in respect of
        pensioners'' and substituting ''pensioner benefit prescriptions''; and

   (e)  by adding at the end thereof the following sub-section:

''(4) For all purposes in connection with the making by an approved
pharmaceutical chemist of a declaration of the kind referred to in paragraph
(1) (ca)-

   (a)  the chemist shall be taken, for the purposes of sub-section 84AA (1),
        (2), (3) or (4) in its application for the purposes of that paragraph,
        to have been authorized by the person by whom the declaration referred
        to in sub-section 84AA (6) is, or is purportedly, made to act on
        behalf of that person; and

   (b)  the communication of the declaration referred to in sub-section 84AA
        (6) shall be taken to afford full and sufficient grounds for the
        making of the first-mentioned declaration.''.