135AAAPrescribers and approved suppliers must observe secrecy in relation to medicare numbers and expiry dates provided for pharmaceutical benefit scheme purposes

135AAA Prescribers and approved suppliers must observe secrecy in relation to medicare numbers and expiry dates provided for pharmaceutical benefit scheme purposes

(1) If: (a) a medicare number, or a medicare number and the expiry date in relation to that number, are provided, as a result of a request under section 88, or under section 88AA, to a person who is a PBS prescriber; and (b) that number, or number and date, are provided solely for either or both of the following purposes: (i) enabling the person to write or communicate a prescription for the supply of a pharmaceutical benefit; (ii) enabling the person to record and retain that number, or number and date, to facilitate the writing of future prescriptions for the supply of pharmaceutical benefits; the person commits an offence if, while the person is, or after the person ceases to be, a PBS prescriber, the person directly or indirectly makes an unauthorised disclosure or an unauthorised use of that number or that date.

Penalty: 50 penalty units or imprisonment for 2 years, or both.

(2) For the purposes of subsection (1): (a) the disclosure by a person referred to in that subsection of a medicare number, or of the expiry date in relation to a medicare number, to another person is an unauthorised disclosure of that number or that date; and (b) the use by a person referred to in that subsection of a medicare number, or of the expiry date in relation to a medicare number, is an unauthorised use of that number or that date; if that disclosure or use is not made or undertaken: (c) in the performance of the duties or functions, or in the exercise of the powers, of that person as a PBS prescriber under this Act in relation to the Pharmaceutical Benefits Scheme; or (d) for the purpose of enabling a person to perform functions in relation to a medicare program in relation to that Scheme. (3) If: (a) a medicare number, or a medicare number and the expiry date in relation to that number, are provided, as a result of a request under section 86B or 86C, or under section 86D, to a person or body that is an approved supplier; and (b) that number, or number and date, are provided solely for one or more of the following purposes: (i) enabling the person or body to supply a pharmaceutical benefit; (ii) enabling the person or body to record and retain that number, or number and date, in order to facilitate the supply of pharmaceutical benefits at a later time or times; (iii) enabling the person or body to record and retain that number, or number and date, in order to complete the written version of a prescription that has been previously communicated; the person or body commits an offence if, while the person or body is, or after the person or body ceases to be, such an approved supplier, the person or body directly or indirectly makes an unauthorised disclosure or an unauthorised use of that number or that date.