{"id":"F2007B01060","name":"National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 5 of 2002)","slug":"national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-2002","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62543,"registerId":"commonwealth-F2007B01060-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Health Act 1953 - Declaration under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 2002)","content":"COMMONWEALTH OF AUSTRALIA\n\nNational Health Act 1953\n\nPHARMACEUTICAL BENEFITS\n\nDECLARATION UNDER SUBSECTION 85 (2AA)\n\nNo. PB 5 of 2002\n\nI, BRETT ANTHONY LENNON, 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 May 2002.\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\nDisopyramide Phosphate\n\nOmeprazole Magnesium and Metronidazole and Amoxycillin Trihydrate\n\nProbucol\n\nSulfinpyrazone\n\nDated this 8th day of April 2002.\n\nBRETT ANTHONY LENNON\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":1676},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration performs exactly the administrative function intended by section 85(2AA) of the National Health Act 1953: removing specific pharmaceutical benefits from the subsidy scheme following expert committee advice. The scope is precisely limited to the four named drugs and does not expand beyond the statutory purpose."},"complexity_factors":["Extremely short document (approximately 200 words)","Only 4 items listed in the operative Schedule with no sub-paragraphs","No defined terms or interpretation clauses","Single, unconditional legal effect (removal from PBS)","Minimal cross-referencing (only cites empowering provisions in the parent Act)"],"plain_english_summary":"This declaration removes four specific medications from Australia's **Pharmaceutical Benefits Scheme (PBS)** — the government program that subsidises prescription medicines to make them affordable.\n\nFrom 1 May 2002, patients had to pay the full commercial price (instead of the government-subsidised price) for:\n\n- **Disopyramide Phosphate** — used to treat irregular heart rhythms\n- **Omeprazole Magnesium with Metronidazole and Amoxycillin** — a combination treatment for stomach ulcers and *H. pylori* infections\n- **Probucol** — a cholesterol-lowering medication\n- **Sulfinpyrazone** — used to treat gout\n\nThe decision was made by a senior Health Department official acting on advice from the **Pharmaceutical Benefits Advisory Committee**, which assesses whether medicines offer value for money. When drugs are \"delisted\" (removed from Part VII of the National Health Act), they are no longer eligible for government subsidies, though doctors can still prescribe them if patients are willing to pay the unsubsidised cost."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-2002","history":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-2002/history","analysis":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-2002/analysis","conflicts":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-2002/conflicts","importantCases":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-2002/important-cases","documents":"/api/acts/national-health-act-1953-declaration-under-subsection-85-2aa-no-pb-5-of-2002/documents"}}