Commonwealth legislation

National Health (Pharmaceutical benefits supplied under subsection 93A(4)) (Repeal) Determination 2015 (PB 21 of 2015)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This determination repeals an earlier 2012 instrument that governed how pharmaceutical benefits were supplied under subsection 93A(4) of the National Health Act (which covers supply of medicines without a standard prescription in certain hospital or care settings).

What it does

Repeals outdated rules: It removes the National Health (Pharmaceutical benefits supplied under subsection 93A(4)) Determination 2012 from operation.
Protects existing prescriptions: If a doctor wrote a "medication chart prescription" (a prescription recorded on a patient's medication chart rather than a standard prescription pad) before April 2017 under the previous rules, those prescriptions remain valid for claiming pharmaceutical benefits.

Why it matters This is a housekeeping measure that cleans up outdated pharmaceutical regulations while ensuring patients with existing prescriptions aren't disadvantaged during a two-year transition period.

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Current sections

Direct links to the current provisions in National Health (Pharmaceutical benefits supplied under subsection 93A(4)) (Repeal) Determination 2015 (PB 21 of 2015).

National Health (Pharmaceutical benefits supplied under subsection 93A(4)) (Repeal) Determination 2015 (PB 21 of 2015)

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PB 21 of 2015

National Health (Pharmaceutical benefits supplied under section 93A(4)) (Repeal) Determination 20151

National Health (Pharmaceutical Benefits) Regulations 1960

I, KIM BESSELL, Assistant Secretary, Pharmaceutical Access Branch, Pharmaceutical Benefits Division, Department of Health, delegate of the Minister for Health, make this instrument under regulation 37AA of the National Health (Pharmaceutical Benefits) Regulations 1960.

Dated 27 March 2015

KIM BESSELL

Assistant Secretary

Pharmaceutical Access Branch

Pharmaceutical Benefits Division

Department of Health

1 Name of Instrument

(1) This instrument is the National Health (Pharmaceutical benefits supplied under subsection 93A(4)) (Repeal) Determination 2015.

(2) This instrument may also be cited as PB 21 of 2015.

2 Commencement

This instrument commences on 1 April 2015.

3 Repeal

The National Health (Pharmaceutical benefits supplied under subsection 93A(4)) Determination 2012 (PB 50 of 2012) is repealed.

4 Savings

The National Health (Pharmaceutical benefits supplied under subsection 93A(4)) Determination 2012 (PB 50 of 2012) as in force immediately before 1 April 2015 continues to apply to a medication chart prescription written before 1 April 2017 in accordance with regulations 19 and 19AA of the National Health (Pharmaceutical Benefits) Regulations 1960 (the Regulations) as in force immediately before 1 April 2015 and relying upon regulation 58 of the Regulations.

Note

Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 National Health (Pharmaceutical benefits supplied under subsection 93A(4)) (Repeal) Determination 2015 (PB 21 of 2015)