1National Health Act 1953 - Determination under subsection 85B(1) (No. PB 5 of 2006)

COMMONWEALTH OF AUSTRALIA

National Health Act 1953

PHARMACEUTICAL BENEFITS

DETERMINATION UNDER SUBSECTION 85B(1)

No. PB 5 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 85B(1) of the National Health Act 1953 (referred to in this Determination as “the Act”), hereby make the following Determination:

1. This Determination commences on 1 February 2006.

2. Determination No. PB 33 of 2005 under subsection 85B(1) of the National Health Act 1953, made on 23 November 2005 with effect from 1 December 2005, is repealed.

3. In this Determination “authority prescription” means a prescription which directs the supply of a pharmaceutical benefit and is a prescription authorised in accordance with paragraph 12 of the determinations made under sections 85, 85A and 88 of the Act.

4. Section 85B of the Act applies in relation to each of the brands of the pharmaceutical benefits specified in Part A of the Schedule to this Determination (referred to in this Determination as “the Schedule”).

5. For the purposes of paragraph 85B(1)(c) of the Act, the quantity or number of units that is relevant for the purpose of determining an amount referred to in paragraph 85B (1) (d) or 85B(1)(e) of the Act in relation to each brand of a pharmaceutical benefit specified in Part A of the Schedule is the quantity or number of units specified in Part B of the Schedule in relation to the brand of the pharmaceutical benefit.

6. For the purposes of paragraph 85B(1)(d) of the Act, the amount that is, for the purposes of Part VII of the Act, to be taken to be the manufacturer’s price for sales to approved pharmacists in relation to each brand of a pharmaceutical benefit specified in Part A of the Schedule is the amount specified in Part C of the Schedule in relation to the brand of the pharmaceutical benefit.

7. For the purposes of paragraph 85B(1)(e) of the Act, the amount that is, for the purposes of Part VII of the Act, to be taken to be the price claimed by the manufacturer as the manufacturer’s price for sales to approved pharmacists in relation to each brand of a pharmaceutical benefit specified in Part A of the Schedule is the amount specified in Part D of the Schedule in relation to the brand of the pharmaceutical benefit.

8. Notwithstanding anything else in this Determination, section 85B of the Act will not apply in respect of the pharmaceutical benefits listed in the following table if the prescription which directs the supply of the pharmaceutical benefit was written before 1 August 2005 and supply is made before 1 March 2006: