{"id":"F2007B01029","name":"National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 1 of 2004)","slug":"national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-1-of-2004","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62487,"registerId":"commonwealth-F2007B01029-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 1 of 2004)","content":"COMMONWEALTH OF AUSTRALIA\n\nNational Health Act 1953\n\nPHARMACEUTICAL BENEFITS\n\nDECLARATION UNDER SUBSECTION 85(2AA)\n\nNo. PB 1 of 2004\n\nI, JOAN CORBETT, Assistant Secretary, Pharmaceutical Benefits Branch, Department of Health and Ageing and Delegate of the Minister for Health and Ageing, having in accordance with subsection 85(2AB) of the National Health Act 1953 obtained the advice of the Pharmaceutical Benefits Advisory Committee, pursuant to subsection 85(2AA) of the National Health Act 1953 hereby make the following Declaration:\n\n1. This Declaration commences on 1 February 2004.\n\n2. The drugs and medicinal preparations specified in the Schedule to this Declaration shall cease to be drugs and medicinal preparations to which Part VII of the National Health Act 1953 applies.\n\nTHE SCHEDULE\n\nBenzydamine Hydrochloride with Chlorhexidine Gluconate\n\nMenotrophin standardised using Chorionic Gonadotrophin\n\nDated this fourteenth day of January 2004.\n\nJOAN CORBETT\n\nAssistant Secretary\n\nPharmaceutical Benefits Branch\n\nDepartment of Health and Ageing\n\nDelegate of the Minister for Health and Ageing","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2091},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a routine administrative declaration exercising the specific power under section 85(2AA) to remove pharmaceutical benefits from the PBS. It does not expand beyond the statutory framework or original intent of the provision."},"complexity_factors":["Very short schedule containing only 2 specific drug items","No interpretation section or defined terms","Single, straightforward legal effect (removal from PBS)","Minimal statutory cross-referencing (only sections 85(2AA) and 85(2AB))"],"plain_english_summary":"This declaration removes two specific medications from Australia's Pharmaceutical Benefits Scheme (PBS).\n\n**What it does:**\n- **Delists two drugs**: Benzydamine Hydrochloride with Chlorhexidine Gluconate (an antiseptic mouthwash) and Menotrophin standardised using Chorionic Gonadotrophin (a fertility treatment).\n- **Removes government subsidies**: These medications cease to be covered under Part VII of the National Health Act 1953, meaning they are no longer subsidised by the government through the PBS.\n\n**Who it affects:**\n- Patients prescribed these specific medications, who must now pay the full market price instead of the subsidised patient co-payment.\n- Doctors and pharmacists who can no longer dispense these items under the PBS.\n\n**Why it matters:**\nWithout PBS listing, these medicines become significantly more expensive for patients. The government typically delists drugs when they are deemed no longer cost-effective, are withdrawn from the market, or become available over-the-counter."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-1-of-2004","history":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-1-of-2004/history","analysis":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-1-of-2004/analysis","conflicts":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-1-of-2004/conflicts","importantCases":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-1-of-2004/important-cases","documents":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-1-of-2004/documents"}}