1National Health Act 1953 - Determination under paragraph 98C(1)(b) - conditions (No. PB 79 of 2008)

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Determination — Conditions (PB 79 of 2008)

as amended

made under paragraph 98C(1)(b) of the

National Health Act 1953

This compilation was prepared on 30 November 2008
taking into account amendments up to PB 111 of 2008

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

Determination – conditions (PB 79 of 2008)

Commencement

1. This instrument commences on 1 August 2008.

Repeal

2. Instrument number PB 52 of 2007 is repealed.

Definitions

3. “Act” means the National Health Act 1953;

“approved price to pharmacists” has the same meaning as in subsection 98B(3) of the Act;

“Commonwealth price” has the same meaning as in subsection 84(1) of the Act;

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

“prescription” includes a prescription written on an authority prescription made under regulation 13 of the Regulations, a prescription required to be submitted to the Chief Executive Officer of Medicare Australia for the purposes of a determination made under subsection 85(2A) or subsection 85A(2) of the Act, a repeat authorisation, or a deferred supply authorisation;

“ready-prepared pharmaceutical benefit” means a listed brand of a pharmaceutical item;

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

“standard formula preparation” means an extemporaneously-prepared pharmaceutical benefit that is listed in Schedule 5 to this Determination.

Schedules

4. For the supply of pharmaceutical benefits:

(a) pharmaceutical benefits that involve the admixture of ready-prepared ingredients are set out in Schedule 1;

(b) drugs that are used in the preparation of extemporaneously-prepared pharmaceutical benefits and that are unstable or packed sterile and unused quantities of which are unsuitable for future use are set out in Schedule 2 ;

(c) pharmaceutical benefits that are classified as dangerous drugs for the purpose of payment of a dangerous drug fee are pharmaceutical benefits that have the pharmaceutical items which have the listed drug in the form set out in Schedule 3 to this Determination;

(d) pharmaceutical benefits the complete pack of which shall be supplied regardless of any lesser quantity ordered are pharmaceutical benefits that have the pharmaceutical items which have the listed drug in the form set out in Schedule 4.