1National Health Act 1953 - Arrangements made under subparagraph 100(1)(b)(i) - Chemotherapy Pharmaceuticals Access Program (No. PB 52 of 2006)

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Arrangements made under subparagraph 100 (1) (b) (i) — Chemotherapy Pharmaceuticals Access Program (No. PB 52 of 2006)

as amended

made under the

National Health Act 1953

This compilation was prepared on 1 January 2007
taking into account amendments up to No. PB 4 of 2007

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Arrangements made under subparagraph 100 (1) (b) (i) — Chemotherapy Pharmaceuticals Access Program

No. PB 52 of 2006 [see Note 1]

Commencement

1. (a) These Arrangements commence on 1 December 2006.

(b) The Arrangements made on 21 September 2006 with effect from 1 October 2006 (No. PB 43 of 2006) are repealed with effect from the commencement of these Arrangements.

Definitions

2. In these Arrangements:

(a) unless the contrary intention appears, a word or phrase will be taken to have the same meaning as in the Act, the Regulations or a declaration, determination or other instrument made under Part VII of the Act or under the Regulations;

(b) “Act” means the National Health Act 1953;

(c) “Medicare Australia CEO” means the Chief Executive Officer of Medicare Australia;

(d) “chemotherapy pharmaceutical” means a special pharmaceutical product in relation to which, by virtue of paragraphs 5, 8 and 12, these Arrangements apply;

(e) “Medicare Australia authority notification computer system” means a computer system operated by the Medicare Australia CEO for the purpose of receiving messages from medical practitioners and sending authorisations for supply of chemotherapy pharmaceuticals or refusals of such authorisations, having an electronic mail address approved by the Medicare Australia CEO;

(f) “hospital” means a public hospital that is participating in the arrangements provided for in Appendix F to Australian Health Care Agreements;

(g) “medical practitioner” means a medical practitioner, within the meaning of the Health Insurance Act 1973, who is affiliated with the hospital in or at which the patient is receiving treatment;

(h) “patient” means a person receiving treatment as a non-admitted patient, a day admitted patient or a patient on discharge of the hospital of which the approved hospital authority is the governing body;

(i) “Regulations” means the National Health (Pharmaceutical Benefits) Regulations 1960 made under the Act.

3. Except where otherwise specified in these Arrangements, the provisions of the Act and the Regulations, and declarations, determinations and other instruments made under the Act shall apply to the prescribing and supply of chemotherapy pharmaceuticals.