51Prescriptions directing increased maximum quantities or numbers of units of HSD pharmaceutical benefits that have a CAR drug

51 Prescriptions directing increased maximum quantities or numbers of units of HSD pharmaceutical benefits that have a CAR drug

(1) This section applies to the special arrangement supply of an HSD pharmaceutical benefit that has a CAR drug that is made on or after 1 February 2026 if: (a) the supply is made on the basis of a prescription that was written before 1 February 2026; and (b) the prescription directs the supply on any one occasion of a quantity or number of units of the pharmaceutical item in the HSD pharmaceutical benefit that is more than the applicable maximum quantity for the pharmaceutical item; and (c) before 1 February 2026, the Minister purported under section 30 of the Regulations to: (i) authorise the variation of the application of the determination of the applicable maximum quantity; and (ii) allot a number to the prescription.

Note: Former section 22 of this instrument prevented the Minister from authorising, under section 30 of the Regulations, a variation of the application of the determination of the maximum quantity or number of units of a pharmaceutical item in an HSD pharmaceutical benefit that a prescriber could direct to be supplied on any one occasion.

(2) The Minister is taken to have authorised, under subsection 30(2) of the Regulations, the variation of the determination of the applicable maximum quantity in relation to the prescription and the person who wrote the prescription. (3) The number purportedly allotted to the prescription is taken to have been allotted to the prescription in accordance with subsection 30(3) of the Regulations. (4) In this section, the applicable maximum quantity, for the pharmaceutical item in the HSD pharmaceutical benefit prescribed for supply, means the quantity or number of units of the pharmaceutical item determined for paragraph 85A(2)(a) of the Act under subsection 20(2), 20(3) or 20(4) of this instrument (whichever is applicable).