5AApplication of this Determination

5A Application of this Determination

This Determination applies to the dispensing and supply of a drug or medicinal preparation if: (a) the supply of the drug or medicinal preparation is to be a supply of a pharmaceutical benefit under Part VII of the Act (other than a supply taken, because of subsection 99(2A), (2AB) or (2B) of the Act, to be a supply otherwise than under Part VII of the Act); or (b) it is purported that the supply of the drug or medicinal preparation is to be a supply of a pharmaceutical benefit under Part VII of the Act (other than a supply taken, because of subsection 99(2A), (2AB) or (2B) of the Act, to be a supply otherwise than under Part VII of the Act).

Note 1: For example, this Determination does not apply to the dispensing and supply of a drug or medicinal preparation if:

(a) the drug or medicinal preparation is not a pharmaceutical benefit; or
(b) both:
(i) the drug or medicinal preparation is supplied on the basis of a prescription; and
(ii) the person presenting the prescription requests that the drug or medicinal preparation not be supplied as a pharmaceutical benefit under Part VII of the Act.

Note 2: For example, this Determination does not apply to the dispensing and supply of a pharmaceutical benefit if:

(a) the person to whom the pharmaceutical benefit is supplied is not covered by subsection 86(1) of the Act (entitlement to receive pharmaceutical benefits); or
(b) the following circumstances apply:
(i) the pharmaceutical benefit is supplied on the basis of a prescription;
(ii) the pharmaceutical benefit is determined, under subsection 85(7) of the Act, to be a relevant pharmaceutical benefit for the purposes of section 88A of the Act (prescription of certain pharmaceutical benefits authorised only in certain circumstances);
(iii) the writing of the prescription was not authorised as mentioned in that section.