{"id":"F2007B01044","name":"National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 3 of 1992)","slug":"national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-3-of-1992","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62515,"registerId":"commonwealth-F2007B01044-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Health Act 1953 - Declaration under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 3 of 1992)","content":"COMMONWEALTH OF AUSTRALIA\n\nNational Health Act 1953\n\nPHARMACEUTICAL BENEFITS\n\nDECLARATION UNDER SUBSECTION 85 (2AA)\n\nNo. PB 3 of 1992\n\nI, ALAN WILLIAM STEVENS, Acting Principal Advisor, Health Care Access Division, Department of Health, Housing and Community Services and Delegate of the Minister of State for Health, Housing and Community 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 April 1992.\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\nAluminium Hydroxide and Magnesium Carbonate Co\\-dried Gel\n\nChloramphenicol Palmitate\n\nLypressin\n\nMethyltestosterone\n\nQuinidine Sulphate\n\nSemisodium Valproate\n\nThiethylperazine Maleate\n\nTolazamide\n\nCoal Tar, Prepared B.P. 1973\n\nRaspberry Syrup B.P.\n\nSulphurated Potash B.P.C. 1973\n\nDated this twelfth day of March 1992.\n\nA. STEVENS\n\nActing Principal Advisor\n\nHealth Care Access Division\n\nDepartment of Health, Housing and Community Services\n\nDelegate of the Minister of State for Health, Housing and Community Services","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2096},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The declaration operates strictly within the statutory authority of subsection 85(2AA) of the National Health Act 1953, which specifically empowers the Minister (or delegate) to declare that particular drugs cease to be pharmaceutical benefits. The scope remains limited to the administrative delisting of the named products following PBAC advice, with no expansion into broader policy areas."},"complexity_factors":["Single operative provision with straightforward legal effect (removing listed items from PBS coverage)","No conditional logic, nested exceptions, or triggers","Minimal cross-referencing (only cites the enabling Act subsection 85(2AA))","Fixed, closed list of affected items (11 specifically named chemical entities)","No interpretive provisions, definitions section, or commencement machinery beyond a single date"],"plain_english_summary":"From 1 April 1992 the Acting Principal Advisor (with the Minister’s authority) removes 11 listed medicines from the Pharmaceutical Benefits Scheme, so they cease to be subsidised under the National Health Act 1953. \n\nThe administrative delisting, made after PBAC advice, means patients must pay full commercial prices for those products rather than the PBS co-payment — reflecting a government view they were no longer appropriate or cost‑effective for subsidy."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-3-of-1992","history":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-3-of-1992/history","analysis":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-3-of-1992/analysis","conflicts":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-3-of-1992/conflicts","importantCases":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-3-of-1992/important-cases","documents":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-3-of-1992/documents"}}