Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) 1991 NO. 474

STATUTORY RULES 1991 No. 474

Issued by Authority of the Minister for Aged, Family and Health Services

National Health Act 1953

National Health (Pharmaceutical Benefits) Regulations (Amendment)

Apart from section 140 of the National Health Act 1953 (the Act), which provides that the Governor-General may make Regulations for the purposes of the Act, certain other provisions in the Act also specifically provide for matters to be prescribed by regulation.

Subsection 84D(7) of the Act provides that a record of the supply of a pharmaceutical benefit shall include the prescribed particulars of the prescription upon which the benefit is supplied and such other particulars relating to the supply of the benefit as are prescribed.

Subsections 84DA(3) and 84E(3) of the Act provide that an application for the issue of a safety net concession card or a pharmaceutical benefits entitlement card respectively must be accompanied by such documents as are prescribed.

Section 105 of the Act provides that the Regulations may prescribe the terms and conditions subject to which pharmaceutical benefits shall be supplied and make provision for or in relation to the writing of prescriptions.

The Veterans' Affairs Legislation Amendment Act (No 2) 1991 (the Amendment Act) provides for co-payment arrangements for pharmaceutical benefits supplied under the Repatriation Pharmaceutical Benefits Scheme.

The Amendment Act also establishes a joint safety net for supplies of benefits made under the Pharmaceutical Benefits Scheme and the Repatriation Pharmaceutical Benefits Scheme. Amounts charged for benefits supplied under both schemes will count towards the various thresholds for the issue of safety net concession cards and pharmaceutical benefit entitlement cards under the Act.

Regulation 5 is amended to include a definition of "repatriation pharmaceutical benefit".

Regulation 9A is amended to make the changes necessary to allow for the recording of supplies of repatriation pharmaceutical benefits on prescription record forms.

Amendments to regulations 9AA and 9B ensure that prescription record forms or other documents which establish the value of supplies of repatriation pharmaceutical benefits are recognised in relation to applications for safety net concession cards and pharmaceutical benefits entitlement cards respectively.

Amendments have also been made to regulations 19 and 19B to make provision for the use on prescription forms of the letters 'PBS' to denote the Pharmaceutical Benefits Scheme.

Further amendments have been made to regulations 26 and 26A to correct minor drafting errors, and subregulation 6(2), the content of which is now covered by section 25C of the Acts Interpretation Act 1901, has been omitted.

These Regulations will commence on 1 January 1992.