{"id":"F2008B00071","name":"National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 2 of 1997)","slug":"national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-2-of-1997","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72293,"registerId":"commonwealth-F2008B00071-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Health Act 1953 - Declaration under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 2 of 1997)","content":"COMMONWEALTH OF AUSTRALIA\n\nNational Health Act 1953\n\nPHARMACEUTICAL BENEFITS\n\nDECLARATION UNDER SUBSECTION 85 (2AA)\n\nNo. PB 2 of 1997\n\nI, DAVID TREVOR GRAHAM, 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 February 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\nBenzathine Penicillin with Procaine Penicillin and Benzylpenicillin Potassium\n\nBifonazole\n\nClotrimazole\n\nEconazole Nitrate\n\nErgometrine Maleate\n\nMiconazole Nitrate\n\nSulfamethizole\n\nLemon Syrup B.P.\n\nSiberian Fir Oil B.P.C. 1949\n\nWool Alcohols B.P.\n\nDated this thirteenth day of January 1997.\n\nD. GRAHAM\n\nAssistant 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":1490},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration operates strictly within the specific authority of section 85(2AA) of the National Health Act 1953, which empowers the Minister (or delegate) to remove listed drugs from PBS coverage after receiving expert committee advice. It does not expand beyond the original statutory purpose of managing the pharmaceutical benefits list."},"complexity_factors":["Very short instrument (single page)","Single operative provision with straightforward legal effect (cessation of PBS coverage)","No defined terms or interpretive sections","Only one legislative reference (to Part VII of the National Health Act 1953)","Simple schedule format listing specific chemical substances by name"],"plain_english_summary":"This declaration removes subsidy for ten older medicines from Australia’s Pharmaceutical Benefits Scheme, including several topical antifungals, some older antibiotics and traditional preparations. \n\nAs a result, patients needing these products must pay the full commercial price rather than the PBS-subsidised price; the Assistant Secretary acted after PBAC advice and the change took effect 1 February 1997."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-2-of-1997","history":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-2-of-1997/history","analysis":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-2-of-1997/analysis","conflicts":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-2-of-1997/conflicts","importantCases":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-2-of-1997/important-cases","documents":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-2-of-1997/documents"}}