1National Health Act 1953 - Declaration under subsection 85(2) (No. PB 3 of 2006)

COMMONWEALTH OF AUSTRALIA

National Health Act 1953

PHARMACEUTICAL BENEFITS

DECLARATION UNDER SUBSECTION 85(2)

No. PB 3 of 2006

I, DIANA MACDONELL, Acting Assistant Secretary, Pharmaceutical Benefits Branch, Department of Health and Ageing and Delegate of the Minister for Health and Ageing, pursuant to subsection 85(2) of the National Health Act 1953, hereby make the following Declaration:

1. This declaration commences on 1 February 2006.

2. Declaration No. PB 30 of 2005 under subsection 85(2) of the National Health Act 1953 made on 23 November 2005 with effect from 1 December 2005 is repealed.

3. In this Declaration:

“Act” means the National Health Act 1953;

“base-priced drug” means —

(a) in relation to cimetidine hydrochloride or ranitidine hydrochloride (tablet, effervescent, equivalent to 150 mg ranitidine or syrup equivalent to 150 mg ranitidine per 10 mL, 300 mL): cimetidine or famotidine or nizatidine or ranitidine hydrochloride (tablet equivalent to 150 mg ranitidine or tablet equivalent to 300 mg ranitidine); or

(b) in relation to amlodipine besylate or lercanidipine hydrochloride or nifedipine (tablet 20 mg (controlled release)): felodipine or nifedipine (tablet 10 mg or tablet 20 mg or tablet 30 mg (controlled release) or tablet 60 mg (controlled release)); or

(c) in relation to ramipril (capsule 10 mg): captopril or enalapril maleate or fosinopril sodium or lisinopril or perindopril erbumine or quinapril hydrochloride or ramipril (tablet 1.25 mg or tablet 2.5 mg or tablet 5 mg) or trandolapril;

“electronic communication” has the meaning given by subsection 5(1) of the Electronic Transactions Act 1999;

“extemporaneously-prepared pharmaceutical benefit” means a pharmaceutical benefit other than a ready-prepared pharmaceutical benefit;

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

“ready-prepared pharmaceutical benefit” means a drug or medicinal preparation in respect of which there is in force a determination under subsection 85(6) of the Act;

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

4. Part VII of the Act applies in relation to each of the drugs and medicinal preparations the name of which is specified in column 1 of Schedule 1 or 1A and the circumstances (if any) specified in column 2 of Schedule 1 or 1A opposite the name of that drug or medicinal preparation apply when the drug or medicinal preparation is prescribed by a medical practitioner.