52Prescriptions directing increased maximum number of repeats of HSD pharmaceutical benefits that have a CAR drug

52 Prescriptions directing increased maximum number of repeats 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 of the HSD pharmaceutical benefit be repeated on a number of occasions that is more than the applicable maximum number of repeats for the pharmaceutical benefit; 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 number of repeats; 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 number of occasions on which the supply of an HSD pharmaceutical benefit may, in one prescription, be directed to be repeated.

(2) The Minister is taken to have authorised, under subsection 30(2) of the Regulations, the variation of the determination of the applicable maximum number of repeats 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 number of repeats, for the HSD pharmaceutical benefit prescribed for supply, means the number of occasions an authorised prescriber may, in one prescription, direct the supply of the HSD pharmaceutical be repeated, determined for paragraph 85A(2)(b) of the Act under subsection 21(2), 21(3) or 21(4) of this instrument (whichever is applicable).