Commonwealth legislation

National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 1 of 2004)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This declaration removes two specific medications from Australia's Pharmaceutical Benefits Scheme (PBS).

What it does:

Delists two drugs: Benzydamine Hydrochloride with Chlorhexidine Gluconate (an antiseptic mouthwash) and Menotrophin standardised using Chorionic Gonadotrophin (a fertility treatment).
Removes government subsidies: These medications cease to be covered under Part VII of the National Health Act 1953, meaning they are no longer subsidised by the government through the PBS.

Who it affects:

Patients prescribed these specific medications, who must now pay the full market price instead of the subsidised patient co-payment.
Doctors and pharmacists who can no longer dispense these items under the PBS.

Why it matters: Without PBS listing, these medicines become significantly more expensive for patients. The government typically delists drugs when they are deemed no longer cost-effective, are withdrawn from the market, or become available over-the-counter.

JSON API Health / NDIS / medicines

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Current sections

Direct links to the current provisions in National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 1 of 2004).

National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 1 of 2004)

COMMONWEALTH OF AUSTRALIA

National Health Act 1953

PHARMACEUTICAL BENEFITS

DECLARATION UNDER SUBSECTION 85(2AA)

No. PB 1 of 2004

I, JOAN CORBETT, 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:

This Declaration commences on 1 February 2004.
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.

THE SCHEDULE

Benzydamine Hydrochloride with Chlorhexidine Gluconate

Menotrophin standardised using Chorionic Gonadotrophin

Dated this fourteenth day of January 2004.

JOAN CORBETT

Assistant Secretary

Pharmaceutical Benefits Branch

Department of Health and Ageing

Delegate of the Minister for Health and Ageing

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 1 of 2004)