{"id":"F2007B01085","name":"National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 10 of 1997)","slug":"national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-10-of-1997","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62627,"registerId":"commonwealth-F2007B01085-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Health Act 1953 - Declaration under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 10 of 1997)","content":"COMMONWEALTH OF AUSTRALIA\n\nNational Health Act 1953\n\nPHARMACEUTICAL BENEFITS\n\nDECLARATION UNDER SUBSECTION 85 (2AA)\n\nNo. PB 10 of 1997\n\nI, ALAN WILLIAM STEVENS, Acting Assistant Secretary, Pharmaceutical Benefits Branch, Department of Health and Family Services and Delegate of the Minister for Health and Family Services, 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 shall come into operation on 1 August 1997.\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\nCloxacillin Sodium\n\nFluoxymesterone\n\nTicarcillin Sodium\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nDated this 11th day of July 1997.\n\nA. STEVENS\n\nActing Assistant Secretary\n\nPharmaceutical Benefits Branch\n\nDepartment of Health and Family Services\n\nDelegate of the Minister for Health and Family Services","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1451},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration performs precisely the narrow function authorised by subsection 85(2AA) of the National Health Act 1953: specifically delisting named pharmaceutical benefits. The scope is tightly constrained to the three listed substances and shows no expansion beyond the original delegated legislative authority to remove items from the PBS."},"complexity_factors":["Very short instrument containing only 2 operative clauses","Schedule lists only 3 specific chemical substances","No defined terms section or interpretation provisions","No cross-references beyond the enabling section of the parent Act","Single, unambiguous purpose with no conditional logic or exceptions"],"plain_english_summary":"**What this does**\nThis declaration removes three specific prescription medications from Australia's Pharmaceutical Benefits Scheme (PBS), effective 1 August 1997:\n\n- **Cloxacillin Sodium** (an antibiotic used to treat bacterial infections such as staph infections)\n- **Fluoxymesterone** (a synthetic hormone used for testosterone replacement or cancer treatment)\n- **Ticarcillin Sodium** (an antibiotic used for serious bacterial infections)\n\n**Who it affects**\nPatients who were being prescribed these specific drugs under the PBS, as well as the doctors and pharmacists who provide them.\n\n**Why it matters**\nWhen a drug is removed from the PBS, the government stops subsidising its cost. From the commencement date, patients had to pay the full private market price for these medications unless they could access them through private health insurance or switch to alternative subsidised treatments."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-10-of-1997","history":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-10-of-1997/history","analysis":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-10-of-1997/analysis","conflicts":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-10-of-1997/conflicts","importantCases":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-10-of-1997/important-cases","documents":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-10-of-1997/documents"}}