86Entitlement to receive pharmaceutical benefits

#### 86 Entitlement to receive pharmaceutical benefits (1) Subject to this Part, a person who: (a) is, or is to be treated as, an eligible person within the meaning of the Health Insurance Act 1973; and (b) is receiving: (i) medical treatment by a medical practitioner; or (ii) dental treatment by a participating dental practitioner; or (iii) optometrical treatment by an authorised optometrist; or (iv) midwifery treatment by an authorised midwife; or (v) nurse practitioner treatment by an authorised nurse practitioner; is entitled to receive pharmaceutical benefits under this Part without the payment or provision of money or other consideration other than a charge made in accordance with section 87. Residency (2) For the purposes of paragraph (1)(a), while a person is working outside Australia as a Commonwealth officer, he or she is taken to reside in Australia. (3) For the purposes of paragraph (1)(a), while a person is working outside Australia as a State or Territory officer, he or she is taken to reside in Australia. (4) For the purposes of paragraph (1)(a), while the spouse, or a dependent child, of a person covered by subsection (2) or (3) is outside Australia accompanying that person, the spouse or child is taken to reside in Australia. > Note: Paragraph (1)(a) refers to a person being an eligible person within the meaning of the Health Insurance Act 1973. Under that Act an Australian resident is an eligible person. A person must reside in Australia to be an Australian resident. Definitions (5) In this section: > dependent child has the same meaning as in section 84B. > spouse has the same meaning as in section 84B.