Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1986 No. 94 of 1986 - SECT 20

20. Section 85 of the Principal Act is amended by omitting sub-section (2) and
substituting the following sub-sections:

"(2) Subject to sub-section (3), the drugs and medicinal preparations in
relation to which this Part applies are-

   (a)  drugs and medicinal preparations that are-

        (i)    declared by the Minister, in writing, to be drugs and medicinal
               preparations to which this Part applies; or

        (ii)   included in a class of drugs and medicinal preparations
               declared by the Minister, in writing, to be a class of drugs
               and medicinal preparations to which this Part applies; and

   (b)  medicinal preparations composed of-

        (i)    one or more of the drugs and medicinal preparations referred to
               in paragraph (a), being a drug or medicinal preparation that
               is, or drugs and medicinal preparations that are, included in a
               class of drugs and medicinal preparations declared by the
               Minister, in writing, to be a class of drugs and medicinal
               preparations to which this paragraph applies; and

        (ii)   one or more of such additives as are declared by the Minister,
               in writing, to be additives to which this paragraph applies.

"(2A) The Minister may, in a declaration under sub-section (2)-

   (a)  declare that a particular pharmaceutical benefit is to be a relevant
        pharmaceutical benefit for the purposes of section 88A; and

   (b)  specify the circumstances in which the writing of a prescription for
        the supply of the pharmaceutical benefit is to be authorised under
        this Part.

"(2B) Sections 48, 49, 49A and 50 of the Acts Interpretation Act 1901 apply to
declarations made under sub-section (2) as if in those provisions references
to regulations were references to declarations, references to a regulation
were references to a provision of a declaration and references to repeal were
references to revocation.

"(2C) Declarations shall not be taken to be statutory rules within the meaning
of the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3C)
(inclusive) of that Act apply in relation to declarations as they apply to
statutory rules.

"(2D) For the purposes of the application of sub-section 5 (3B) of the
Statutory Rules Publication Act 1903 in accordance with sub-section (2C) of
this section, the reference in the first-mentioned sub-section to the Minister
of State for Sport, Recreation and Tourism shall be read as a reference to the
Minister administering this Act.

"(2E) Section 5 of the Evidence Act 1905 applies to declarations as that
section applies to an order made by the Minister.".