Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1986 No. 94 of 1986 - SECT 21

21. (1) Section 87 of the Principal Act is amended-

   (a)  by omitting from paragraph (2) (a) "$2.00" and substituting "$2.50";

   (b)  by omitting from paragraph (2) (b) "$5.00" and substituting "$10.00";

   (c)  by omitting from sub-section (2A) "An" and substituting "Subject to
        sub-section (2B), an";

   (d)  by inserting after paragraph (2A) (a) "or an entitlement card
prescription" after "prescription";

   (e)  by omitting from paragraph (2A) (b) "$2.00" and substituting "$2.50";

   (f)  by omitting from paragraph (2A) (c) "$5.00" and substituting "$10.00";

   (g)  by inserting after sub-section (2A) the following sub-section:

"(2B) An approved pharmacist or an approved medical practitioner acting in
accordance with his or her approval shall not, in respect of a supply
(including a repeated supply) by the approved pharmacist or approved medical
practitioner, as the case may be, of a pharmaceutical benefit in respect of
which there is in force a determination under section 85B, charge the person
to whom the pharmaceutical benefit is supplied an amount that exceeds the
Commonwealth price (within the meaning of section 99) in relation to the
pharmaceutical benefit.";

   (h)  by inserting after sub-section (3) the following sub-sections:

"(3A) An approved pharmacist, approved medical practitioner or approved
hospital authority shall not supply a pharmaceutical benefit to a person on
terms that are appropriate for the supply of the benefit to-

   (a)  a pensioner;

   (b)  a dependant of a pensioner;

   (c)  a holder of an entitlement card;

   (d)  a concessional beneficiary; or

   (e)  a dependant of a concessional beneficiary, unless the pharmacist,
        medical practitioner or authority is satisfied that the person is
        entitled to receive the benefit on those terms.

"(3B) Without limiting the generality of sub-section (3A), an approved
pharmacist, approved medical practitioner or approved hospital authority may
refuse to supply a pharmaceutical benefit to a person on terms that are
appropriate for the supply of the benefit to-

   (a)  a pensioner;

   (b)  a dependant of a pensioner;

   (c)  a holder of an entitlement card;

   (d)  a concessional beneficiary; or

   (e)  a dependant of a concessional beneficiary, unless the person produces
        evidence (whether by way of the production of a card or evidence of
        identity or otherwise) to the pharmacist, medical practitioner or
        authority that the person is entitled to receive the benefit on those
        terms.";

   (j)  by omitting paragraph (4) (a);

   (k)  by omitting from sub-section (5) "or a dependant of a pensioner" and
        substituting ", a dependant of a pensioner or a holder of an
        entitlement card"; and

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

"(6) The reference in sub-section (1) to a payment or other valuable
consideration in respect of the supply of a pharmaceutical benefit does not
include a reference to a charge demanded or received by reason only that the
supply is made at a time outside normal trading hours.".

(2) The amendments made by sub-section (1) apply only in relation to
pharmaceutical benefits supplied on or after 1 November 1986.