85ADeterminations of forms of pharmaceutical benefits or pharmaceutical items with respect to classes of persons

#### 85A Determinations of forms of pharmaceutical benefits or pharmaceutical items with respect to classes of persons (1) The Minister may determine, by reference to strength, type of unit, size of unit or otherwise, the form or forms of a pharmaceutical benefit or pharmaceutical item that is or are allowable for the purposes of this Part for prescription by persons included in a class of persons specified in the determination. (2) The Minister may, with respect to the writing of prescriptions by persons included in a specified class of persons for the supply of a pharmaceutical benefit: (a) determine the maximum quantity or number of units of: (i) if the pharmaceutical benefit has a pharmaceutical item—the pharmaceutical item; or (ii) in any other case—the pharmaceutical benefit; that may, in one prescription, be directed to be supplied on any one occasion, either for all purposes or for particular purposes; and (b) determine the maximum number of occasions on which the supply of the pharmaceutical benefit may, in one prescription, be directed to be repeated, either for all purposes or for particular purposes; and (c) determine the manner of administration that may, in a prescription, be directed to be used in relation to the pharmaceutical benefit. (2A) The Minister may determine that particular conditions must be satisfied when writing a prescription to which a determination under paragraph (2)(a) or (b) applies. (3) The regulations may make provision authorizing the variation of the application, in relation to persons included in a class of persons, of a determination under paragraph (2)(a) or (b) and, where such a variation is made, the determination shall be deemed to have effect as varied. (3A) The Minister may determine rules that must be applied when deciding whether to authorise a variation under regulations made for the purposes of subsection (3). (4) A determination made under subsection (1), (2), (2A) or (3A) is a legislative instrument.