Commonwealth Numbered Acts

NATIONAL HEALTH AMENDMENT (PHARMACEUTICAL BENEFITS SCHEME) ACT 2008 (NO. 49, 2008) - SCHEDULE 4

National Health Act 1953

1  Subsection 84(1) (definition of combination item has a drug )

Repeal the definition, substitute:

"combination item has a drug" : see subsection 84ABA(2).

2  Subsection 84(1) (definition of pharmaceutical item has a drug )

Repeal the definition, substitute:

"pharmaceutical item has a drug" : see subsection 84ABA(1).

3  After section 84AB

Insert:

84ABA   References to pharmaceutical items or combination items having a drug

             (1)  A reference in this Part to a pharmaceutical item having a drug is a reference to the pharmaceutical item having the drug or medicinal preparation referred to in paragraph 84AB(a) in the application of that paragraph to the pharmaceutical item.

             (2)  A reference in this Part to a combination item having a drug is a reference to the combination item having the drug or medicinal preparation referred to in paragraph 84AB(a) in the application of that paragraph to the pharmaceutical item that is the combination item.

4  Subsection 88(1A)

Omit "by notice published in the Gazette ", substitute "by legislative instrument".

5  Subsection 88(1C)

Omit "by notice published in the Gazette ", substitute "by legislative instrument".

6  Application

The amendments made by items 4 and 5 of this Schedule apply to determinations made on or after the day on which this Schedule commences.

[ Minister's second reading speech made in--

House of Representatives on 29 May 2008

Senate on 16 June 2008 ]