6Application of Part VII of the Act

6 Application of Part VII of the Act

(1) Each pharmaceutical benefit supplied in accordance with this Special Arrangement is supplied under Part VII of the Act. (2) A provision of Part VII of the Act, or of regulations or other instruments made for Part VII of the Act, applies, subject to this Special Arrangement.

Note: See subsection 100(3) of the Act.

(3) If a pharmaceutical benefit is supplied in accordance with this Special Arrangement, regulations 48, 49 and 55 of the Regulations do not apply to the supply. (4) For the purposes of paragraph 40 of the Regulations, a pharmaceutical benefit to be supplied to a person in accordance with this Special Arrangement is taken to be the same as, or equivalent to, another pharmaceutical benefit to be supplied to that person in accordance with this Special Arrangement only if: (a) the prescriptions for the supply of both benefits relate to moderate to severe spasticity of the upper limb (whether or not following a stroke); or (b) the prescriptions for the supply of both benefits relate to urinary incontinence; or (c) the prescriptions for the supply of both benefits relate to spasmodic torticollis; or (d) the prescriptions for the supply of both benefits relate to dynamic equinus foot deformity; or (e) the prescriptions for the supply of both benefits relate to blepharospasm; or (f) the prescriptions for the supply of both benefits relate to hemifacial spasm; or (g) the prescriptions for the supply of both benefits relate to chronic migraine; or (h) the prescriptions for the supply of both benefits relate to severe primary axillary hyperhidrosis; or (i) the prescriptions for the supply of both benefits: (i) are written in circumstances, determined by the Minister under paragraph 85(7)(b) of the Act, that have the same circumstances code (within the meaning of the Minister’s determination); and (ii) are not prescriptions of a kind referred to in paragraphs (a) to (h) of this subsection.