{"id":"F2007B01059","name":"National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 5 of 1999)","slug":"national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-1999","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62540,"registerId":"commonwealth-F2007B01059-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Health Act 1953 - Declaration under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 5 of 1999)","content":"COMMONWEALTH OF AUSTRALIA\n\nNational Health Act 1953\n\nPHARMACEUTICAL BENEFITS\n\nDECLARATION UNDER SUBSECTION 85 (2AA)\n\nNo. PB 5 of 1999\n\nI, BRETT ANTHONY LENNON, Assistant Secretary, Pharmaceutical Benefits Branch, Department of Health and Aged Care and Delegate of the Minister for Health and Aged Care, 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 May 1999.\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\nSalbutamol\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nDated this 15th day of April 1999.\n\nBRETT ANTHONY LENNON\n\nAssistant Secretary\n\nPharmaceutical Benefits Branch\n\nDepartment of Health and Aged Care\n\nDelegate of the Minister for Health and Aged Care","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1617},"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The declaration precisely targets only the drug specified in the Schedule (Salbutamol) and achieves exactly the stated purpose of removing it from PBS coverage. No expansion of scope beyond the original intent is evident."},"complexity_factors":["Single operative provision affecting only one specific drug","No interpretation section or defined terms","No conditional logic, exceptions, or nested provisions","Only references the enabling power (subsection 85(2AA)) without complex cross-referencing"],"plain_english_summary":"This declaration removed **Salbutamol** (a medication commonly used to treat asthma and other breathing difficulties) from Australia's **Pharmaceutical Benefits Scheme (PBS)**.\n\n**What this means:**\n- **For patients:** From 1 May 1999, patients could no longer buy Salbutamol at the government-subsidised PBS price. Instead, they had to pay the full commercial price at the pharmacy.\n- **For the scheme:** The government stopped subsidising this specific medication, meaning it was no longer considered a \"pharmaceutical benefit\" under the National Health Act.\n\n**How this decision was made:**\nThe Assistant Secretary of the Pharmaceutical Benefits Branch (acting as a delegate of the Health Minister) made this declaration after receiving advice from the Pharmaceutical Benefits Advisory Committee (PBAC) — the independent expert body that recommends which medicines should be subsidised."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-1999","history":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-1999/history","analysis":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-1999/analysis","conflicts":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-1999/conflicts","importantCases":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-1999/important-cases","documents":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-1999/documents"}}