Health Legislation Amendment Act (No. 2) 1986 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF HEALTH INSURANCE ACT 1973
3. Principal Act
4. Interpretation
5. Entitlement to medicare benefit
6. Insertion of new sections—
23e. Interpretation
23ea. Declarations in relation to private hospitals
23eb. Review of decisions
7. Repeal of sections 23h to 38a
8. Bribery
9. Officers to observe secrecy
10. Regulations
11. Schedule 2
12. Transitional
PART III—AMENDMENTS OF NATIONAL HEALTH ACT 1953
13. Principal Act
14. Interpretation
15. Provision of vaccines
16. Repeal of Part III
17. Interpretation
18. Concessional benefit prescriptions, pensioner benefit prescriptions and entitlement card prescriptions
19. Insertion of new Division—
TABLE OF PROVISIONS—continued
Section
84b. Family relationships
84c. Eligibility for pharmaceutical benefits entitlement cards
84d. Pharmaceutical benefits prescription record forms
84e. Issue of pharmaceutical benefits entitlement card
84f. Form of entitlement card
84g. Persons covered by entitlement card
84h. Additional and replacement entitlement cards
84j. Period of effect of entitlement card
84k. Return of entitlement card
84l. Offences
20. Pharmaceutical benefits
21. Limited charges for pharmaceutical benefits
22. Repeal of section 88a and substitution of new section—
88a. Prescription of certain pharmaceutical benefits authorised only in certain circumstances
23. Approvals to be subject to conditions
24. Cancellation by Secretary of approval of pharmacists, &c.
25. Cancellation by Minister of approval of hospital
26. Function of Tribunal
27. Payment for supply of benefit
28. Insertion of new section—
99aa. Unauthorised payments
29. Pharmaceutical Benefits Advisory Committee
30. Offences
31. Review of certain decisions of Secretary
32. Applications for review by Tribunal
33. Statement to accompany notification of decisions
34. Insertion of new section—
134e. Conduct by directors, servants or agents
35. Prosecution of offences
36. Schedule
37. Minor amendments
38. Transitional
PART IV—AMENDMENTS OF THERAPEUTIC GOODS ACT 1966
39. Principal Act
40. Additional operation of Part
41. Insertion of new section—
23da. Notice of, and identification of, particular batches
42. Insertion of new section—
23ea. Secretary may require samples to be provided automatically
43. Regulations may provide for the examination, &c, of goods for therapeutic use
44. Insertion of new section—
24a. Regulations may provide for inspection of manufacture of goods for therapeutic use
45. Service of notices
46. Applications for review
PART V—MISCELLANEOUS
47. Minor amendments of other Acts
48. Repeal of Act
SCHEDULE 1
MINOR AMENDMENTS OF NATIONAL HEALTH ACT 1953
SCHEDULE 2
FURTHER MINOR AMENDMENTS OF NATIONAL HEALTH ACT 1953
TABLE OF PROVISIONS-continued
SCHEDULE 3
MINOR AMENDMENTS OF OTHER ACTS
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting from sub-section (1) the definition of “approved bed”;
(b) by omitting from sub-section (1) the definition of “in-patient” and substituting the following definition:
“‘in-patient’, in relation to a hospital, means a person who occupies a bed in the hospital for the purposes of hospital treatment, but does not include—
(a) a member of the staff of the hospital who is receiving treatment in his or her own quarters; or
(b) except as provided by sub-section (2), a newly-born child whose mother also occupies a bed in the hospital;”; and
(c) by omitting from sub-section (1) the definition of “private hospital” and substituting the following definition:
“‘private hospital’ means—
(a) premises that were, immediately before 1 October 1986, a private hospital (within the meaning of this section as in force at that time), other than premises in respect of which a declaration under sub-section 23ea (2) is in force; and
(b) premises in respect of which a declaration under sub-section 23ea (1) is in force;”.
“(d) in relation to a nursing-home type patient of a private hospital in a State or internal Territory, such amount as is determined by the Minister from time to time for the purposes of this paragraph with respect to that State or Territory;”.
(a) by omitting from sub-section (1) the definition of “prescribed dental patient” and substituting the following definition:
“‘prescribed dental patient’ means a person—
(a) who has not attained the age of 22 years; and
(b) in respect of whom there is issued a certificate in accordance with the approved form by a medical practitioner or dental practitioner who is approved by the Minister in writing for the purposes of this definition stating that the person is suffering from—
(i) a cleft lip or a cleft palate condition; or
(ii) a condition determined by the Minister, by notice in writing published in the
Gazette, to be a condition to which this definition applies;”; and(b) by omitting “who has not attained the age of 22 years” from paragraph (ba) of the definition of “professional service” in sub-section (1).
“23e. For the purposes of this Part (including Schedule 2)—
(a) a reference to a State includes a reference to the Northern Territory; and
(b) a reference to the Australian Capital Territory includes a reference to the Jervis Bay Territory.
“23ea.
(1) The Minister may, in writing, declare premises specified in the declaration
to be a private hospital for the purposes of this Act and the
“(2) The Minister may, in writing, declare premises specified in the declaration, being premises that were, immediately before 1 October 1986, a
private
hospital within the meaning of section 3 as in force at that time, not to be a
private hospital for the purposes of this Act and the
“23eb. (1) Application may be made to the Administrative Appeals Tribunal for review of—
(a) a decision by the Minister refusing to make a declaration under sub-section 23ea (1);
(b) a decision by the Minister revoking a declaration made under sub-section 23ea (1); and
(c) a decision by the Minister making a declaration under sub-section 23ea (2).
“(2) In sub-section (1), ‘decision’
has the same meaning as in the
(a) by omitting from sub-section (1a) “or an amount of daily bed payment is payable under section 33”;
(b) by omitting from sub-section (1b) “or an amount of daily bed payment is payable under section 33”;
(c) by omitting paragraph (5a) (a); and
(d) by omitting sub-section (5b).
(a) by omitting paragraph (3) (b);
(b) by inserting after sub-section (3) the following sub-section:
“(3a) Notwithstanding anything contained in the preceding provisions of this section, the Secretary or the General Manager of the Commission may divulge any information acquired by an officer in the performance of duties, or in the exercise of powers or functions, under this Act to an authority or person if—
(a) the authority or person is a prescribed authority or person for the purposes of this sub-section; and
(b) the information is information of a kind that may, in accordance with the regulations, be provided to the authority or person.”;
(c) by inserting in sub-section (4) “or (3a)” after “sub-section (3)”;
(d) by adding at the end of sub-section (11) “or (3a)”; and
(e) by inserting in sub-section (13) “(3a),” after “sub-section (3)”.
(a) by omitting paragraph (1) (a); and
(b) by omitting sub-section (1a).
(a) the Principal Act continues to apply, on and after 1 October 1986, in relation to an occupancy of a bed in a private hospital, being an occupancy that occurred before 1 October 1986;
(b) an application for the approval of premises under section 23j or 24 of the Principal Act as a private hospital, being an application made before 1 October 1986, may be dealt with;
(c) an application for a variation of a determination under section 23j or 24 of the Principal Act of the category to which a private hospital belonged, being an application made before 1 October 1986, may be dealt with; and
(d) an application under section 38 of the Principal Act for—
(i) reconsideration by the Minister of a decision; or
(ii) review of a decision by the Administrative Appeals Tribunal,
being an application—
(iii) made before 1 October 1986; or
(iv) made on or after 1 October 1986 in relation to an application of a kind referred to in paragraph (b) or (c) of this section,
may be dealt with,
as if those amendments and repeals had not been made.
(a) by omitting “(excluding any amount of daily bed payment payable to the hospital in respect of the patient concerned in accordance
with section 33 of the
Health Insurance Act 1973)” from sub-paragraph (ba) (i) of the definition of “basic hospital benefits table” or “basic table” in sub-section (1); and(b) by omitting “(excluding any amount of daily bed payment payable to the hospital in respect of the patient concerned in accordance with section 33 of the
Health Insurance Act 1973)” from sub-paragraph (c) (i) of the definition of “basic private table” or “basic table” in sub-section (1).
(a) by omitting “or” (last occurring) from paragraph (b) of the definition of “pensioner” in sub-section (1); and
(b) by inserting after paragraph (b) of the definition of “pensioner” in sub-section (1) the following paragraph:
“(ba) a person who is eligible, under sub-section 86 (1) or (2) of the
Veterans’ Entitlements Act 1986, to be provided with treatment under Part V of that Act; or”.
“(b) measles;
(c) rubella; and
(d) any other disease prescribed by the regulations for the purposes of this paragraph.”.
(a) by inserting after the definition of “dependant” in sub-section (1) the following definitions:
“ ‘entitlement card’ means a pharmaceutical benefits entitlement card issued under section 84e and includes an additional card or replacement card issued in accordance with regulations made for the purposes of section 84h;
‘entitlement card prescription’ means a prescription that, in accordance with section 84aa, is a prescription for the supply of a pharmaceutical benefit to a person who is a holder of an entitlement card;”;
(b) by omitting from sub-section (1) the definition of “general benefit prescription” and substituting the following definition:
“ ‘general benefit prescription’ means a prescription other than—
(a) a pensioner benefit prescription;
(b) a concessional benefit prescription; or
(c) an entitlement card prescription;”;
(c) by inserting after the definition of “pharmaceutical benefit” in subsection (1) the following definition:
“ ‘record form’ means a pharmaceutical benefits prescription record form issued under section 84d;”;
(d) by inserting after the definition of “refund agreement” in sub-section (1) the following definition:
“ ‘relevant entitlement period’ means—
(a) the period commencing on 1 November 1986 and ending on 31 December 1987;
(b) the year commencing on 1 January 1988; or
(c) a succeeding year;”; and
(e) by inserting after sub-section (2) the following sub-section:
“(2a) A reference in this Part to a prescription for the supply of a pharmaceutical benefit to a person who is a holder of an entitlement card is a reference to a prescription for the supply of a pharmaceutical benefit to a person who is, at the time when the prescription is written or communicated, or becomes, after the prescription is written or communicated and before the benefit is supplied upon the prescription, a holder of an entitlement card.”.
(a) by omitting from sub-section (1) the definition of “British Pharmacopoeia”; and
(b) by omitting sub-sections (4) and (4a).
(a) by inserting after sub-section (1) the following sub-section:
“(1a) A prescription that is written by a medical practitioner or by a participating dental practitioner in accordance with this Act and the regulations shall not be taken, for the purposes of this Part, to be a prescription for the supply of a pharmaceutical benefit to a person who is a holder of an entitlement card unless there is written or marked on the prescription, or there purports to be written or marked on the prescription, in such manner as is prescribed by regulations made for the purposes of this sub-section, such information relating to the status of the person to whom the prescription relates as a holder of an entitlement card as is prescribed by those last-mentioned regulations.”; and
(b) by adding at the end the following sub-sections:
“(3) A prescription that is communicated to an approved pharmacist in pursuance of paragraph 89 (a) in such circumstances as are prescribed for the purposes of that paragraph shall not be taken, for the purposes of this Part, to be a prescription for the supply of a pharmaceutical benefit to a person who is a holder of an entitlement card unless, before supply of the benefit upon that prescription, there is communicated, or there is purportedly communicated, to the pharmacist, in such manner as is prescribed by regulations made for the purposes of this sub-section, such information relating to the status of the person to whom the prescription relates as a holder of an entitlement card as is prescribed by those last-mentioned regulations.
“(4) Nothing in sub-section (1), (1a), (2) or (3) shall be read as derogating from sub-section 87 (3a).”.
“84b. (1) For the purposes of this Division, the following are the members of a person’s family:
(a) the person’s spouse;
(b) any dependent child of the person.
“(2) For the purposes of this section, a person who is, at any time during a relevant entitlement period, a dependent child of another person shall be taken to be a dependent child of that other person throughout the remainder of that period.
“(3) For the purposes of this section, a person shall not be taken to have the custody of a child unless the person, whether alone or jointly with another person, has the right to have, and to make decisions concerning, the daily care and control of the child.
“(4) In this section—
‘child’ means a person who—
(a) is under the age of 16 years; or
(b) is a student child;
‘dependent child’, in relation to a person, means—
(a) a child under the age of 16 years who is—
(i) in the custody, care and control of the person; or
(ii) where no other person has the custody, care and control of the child—is wholly or substantially in the care and control of the person; or
(b) a student child who is wholly or substantially dependent on the person;
‘spouse’, in relation to a person, means—
(a) a person who is legally married to, and is not living, on a permanent basis, separately and apart from, that person; and
(b) a de facto spouse of that person;
‘student child’ means a person who—
(a) has attained the age of 16 years but has not attained the age of 25 years; and
(b) is receiving full-time education at a school, college or university.
“84c. (1) A person is not eligible to be issued with an entitlement card in respect of a relevant entitlement period unless—
(a) the number of pharmaceutical benefit supplies made, during that period, to the person is equal to or exceeds 25; or
(b) the aggregate of the number of pharmaceutical benefit supplies made, during that period, to the person and to the person’s family is equal to or exceeds 25.
“(2) For the purposes of this section, a pharmaceutical benefit supply shall be taken to have been made, during a relevant entitlement period, to a person’s family if and only if the supply was made, during that period, to—
(a) a person who is, at the time when an application is made by the person under section 84e for the issue of an entitlement card in respect of that period, a member of the person’s family; or
(b) a person who was, at the time of supply, a member of the person’s family.
“(3) Where—
(a) a prescription is for the supply of a pharmaceutical benefit to a person (in this sub-section referred to as the ‘patient’); and
(b) the benefit referred to in the prescription is given to another person, as agent for the patient, for supply to the patient,
the benefit shall, for the purposes of this section, be taken to have been supplied to the patient upon the prescription.
“(4) A pharmaceutical benefit supply to a person shall not be taken into account for the purposes of this section unless—
(a) the pharmaceutical benefit is supplied—
(i) by an approved pharmacist, at or from premises in respect of which the pharmacist is for the time being approved, on presentation of a prescription written by a medical practitioner or a participating dental practitioner in accordance with this Act and the regulations, or, in such circumstances as are prescribed for the purposes of paragraph 89 (a), on communication to the pharmacist, in the manner prescribed
for the purposes of that paragraph, of a prescription of a medical practitioner or a participating dental practitioner; or
(ii) in accordance with section 92 or 94;
(b) at the time of supply, the person—
(i) was not a pensioner;
(ii) was not a dependant of a pensioner; and
(iii) was not a holder of an entitlement card;
(c) in a case where the supply is made upon a general benefit prescription and the Commonwealth price for the pharmaceutical benefit exceeds $10—the amount received in respect of the supply is equal to or exceeds the aggregate of $10 and the special patient contribution (if any) in relation to the pharmaceutical benefit;
(d) in a case where the supply is made upon a concessional benefit prescription and the Commonwealth price for the pharmaceutical benefit exceeds $2.50—the amount received in respect of the supply is equal to or exceeds the aggregate of $2.50 and the special patient contribution (if any) in relation to the pharmaceutical benefit; and
(e) in a case where the supply is deemed, by virtue of sub-section 99 (2a) or (2b), to be a supply otherwise than under this Part—
(i) the amount demanded or received in respect of the supply does not exceed the aggregate of—
(a) the agreed price for the pharmaceutical benefit;
(b) any charge demanded or received by reason only that the supply was made at a time outside normal trading hours; and
(c) any charge demanded or received in accordance with regulations made for the purposes of paragraph 87 (4) (b); and
(ii) if there is in force, at the time of supply, a determination by the Minister, pursuant to paragraph 85a (2) (a), that is applicable to the supply—the quantity or number of units supplied is not less than the maximum quantity or number specified in the determination.
“(5) Where an approved pharmacist, approved medical practitioner or approved hospital authority supplies a pharmaceutical benefit to a person in accordance with a direction included in a prescription pursuant to sub-section 88 (6), there shall, for the purposes of this section, be deemed to have taken place a number of pharmaceutical benefit supplies to the person that is equal to the minimum number of occasions of supply that would have had to be directed if the medical practitioner had prescribed the same total quantity or number of units of the pharmaceutical benefit by way of repeated supplies.
“(6) The reference in paragraph (4) (e) to the agreed price for a pharmaceutical benefit is a reference to the agreed price for the benefit ascertained in accordance with a determination in force under sub-section (7).
“(7) The Minister may determine the manner in which the agreed price for all or any pharmaceutical benefits is to be ascertained for the purpose of this section.
“(8) A manner determined under sub-section (7) shall—
(a) in the case of a ready-prepared pharmaceutical benefit—take as a basis—
(i) the approved price to pharmacists of the pharmaceutical benefit concerned; or
(ii) if the pharmaceutical benefit concerned is a form of a drug or medicinal preparation to which a substance has, or substances have, been added in accordance with a determination in force under sub-section 85 (3) relating to that drug or medicinal preparation—the approved price to pharmacists of that form of that drug or medicinal preparation,
that is applicable on the first day of the month of the year in which the supply occurs;
(b) in the case of other pharmaceutical benefits—take as a basis the basic wholesale price of each ingredient that is applicable on the day on which the supply occurs;
(c) provide for the addition of such fees and other amounts as are determined by the Tribunal for the purposes of paragraph 98b (2) (c); and
(d) provide for the addition of such other fees and other amounts as are determined by the Minister.
“(9) The Minister shall not determine an amount for the purpose of paragraph (8) (d) unless the Pharmacy Guild of Australia has agreed in writing to the making of that determination.
“(10) A determination under sub-section (7) shall—
(a) be made by notice in writing published in the
Gazette; and(b) come into operation on such date as is specified in the determination.
“(11) In this section, unless the contrary intention appears—
‘approved price to pharmacists’ has the same meaning as in section 98b;
‘basic wholesale price’ has the same meaning as in section 98b;
‘Commonwealth price’ has the same meaning as in section 99;
‘pharmaceutical benefit supply’ means a supply or a repeated supply of a pharmaceutical benefit;
‘ready-prepared pharmaceutical benefit’ has the same meaning as in section 98b.
“84d. (1) Upon application, the Secretary shall issue to a person a pharmaceutical benefits prescription record form in accordance with sub-sections (3) and (4).
“(2) An approved pharmacist, approved medical practitioner or approved hospital authority may issue to a person a pharmaceutical benefits prescription record form in accordance with sub-sections (3) and (4).
“(3) A pharmaceutical benefits prescription record form shall—
(a) be in accordance with the form approved by the Secretary; and
(b) include the prescribed particulars of the person to whom the form is issued.
“(4) A pharmaceutical benefits prescription record form issued to a person may include the prescribed particulars of any person who is a member of the person’s family and—
(a) is not a pensioner;
(b) is not a dependant of a pensioner; and
(c) is not a holder of an entitlement card.
“(5) Where a pharmaceutical benefits prescription record form is issued to a person, the person and each member of the person’s family whose particulars are included in the form in accordance with sub-section (4) shall be taken, for the purposes of this section, to be a holder of the form.
“(6) Where—
(a) an approved pharmacist, approved medical practitioner or approved hospital authority supplies a pharmaceutical benefit to a holder of a pharmaceutical benefits prescription record form;
(b) the form is presented at the time of supply; and
(c) the supply is, in accordance with sub-section 84c (4), a pharmaceutical benefit supply to be taken into account for the purposes of section 84c,
the pharmacist, medical practitioner or authority shall record the supply of that pharmaceutical benefit on the form.
“(7) A record made for the purposes of sub-section (6) shall include—
(a) the prescribed particulars of the prescription upon which the pharmaceutical benefit is supplied;
(b) the date on which the pharmaceutical benefit is supplied; and
(c) such other particulars in relation to the supply of the pharmaceutical benefit as are prescribed,
and shall be signed by—
(d) in a case where the record is made by an approved pharmacist— the pharmacist;
(e) in a case where the record is made by an approved medical practitioner—the medical practitioner; or
(f) in a case where the record is made by an approved hospital authority—the medical practitioner or pharmacist by or under whose supervision the pharmaceutical benefit is dispensed.
“(8) An approved pharmacist may authorise a person to record, on behalf of the pharmacist, the supply of pharmaceutical benefits for the purposes of sub-section (6).
“(9) A reference in sub-section (7) to an approved pharmacist includes a reference to a person authorised by a pharmacist under sub-section (8) to record, on behalf of the pharmacist, the supply of pharmaceutical benefits.
“84e
(a) a person applies to the Secretary for a pharmaceutical benefits entitlement card in respect of a relevant entitlement period; and
(b) the Secretary is satisfied that the person is eligible to be issued with a pharmaceutical benefits entitlement card in respect of that period,
the Secretary shall issue a pharmaceutical benefits entitlement card to the person in respect of that period.
“(2) Where—
(a) a person applies to an approved pharmacist, approved medical practitioner or approved hospital authority for a pharmaceutical benefits entitlement card in respect of a relevant entitlement period; and
(b) the pharmacist, medical practitioner or authority is satisfied that the person is eligible to be issued with a pharmaceutical benefits entitlement card in respect of that period,
the pharmacist, medical practitioner or authority may issue a pharmaceutical benefits entitlement card to the person in respect of that period.
“(3) An application under sub-section (1) or (2) shall—
(a) be in accordance with the form approved by the Secretary;
(b) contain such particulars, and be accompanied by such documents, as are prescribed; and
(c) be signed by the person making the application.
“(4) Where an application is made to a person for the issue of an entitlement card, the person to whom the application is made shall, in determining whether to issue an entitlement card, have regard to—
(a) the matters contained in the application;
(b) any record form or other document that accompanies the application; and
(c) such other matters as the person considers relevant.
“(5) Where—
(a) a person applies to an approved pharmacist, approved medical practitioner or approved hospital authority for a pharmaceutical
benefits entitlement card in respect of a relevant entitlement period; and
(b) the pharmacist, medical practitioner or authority issues a pharmaceutical benefits entitlement card to the person in respect of that period,
the pharmacist, medical practitioner or authority shall retain the application and any other relevant document that accompanied the application for the period of 12 months, or such other period as is prescribed by the regulations, commencing on the day on which the entitlement card is issued.
“(6) The Secretary may, by notice in writing given to an approved pharmacist, approved medical practitioner or approved hospital authority, require the pharmacist, medical practitioner or authority to deliver, within such period (not being a period of less than 7 days) as is specified in the notice, a specified document retained by the pharmacist, medical practitioner or authority in accordance with sub-section (5) to—
(a) the Secretary; or
(b) such other person as is specified in the notice,
and the pharmacist, medical practitioner or authority shall comply with the notice.
“(7) In sub-section (5), ‘relevant document’ means a document relating to the number of supplies or repeated supplies of pharmaceutical benefits made to a person.
“84f. (1) An entitlement card shall be in accordance with the form approved by the Secretary for the purposes of this section.
“(2) Without limiting the generality of sub-section (1), an entitlement card shall include particulars of—
(a) the relevant entitlement period in respect of which the card is issued; and
(b) the person to whom the card is issued and each person who is, at the time when the card is issued, a member of the person’s family.
“(3) The omission from an entitlement card of particulars of a person who is, at the time when the card is issued, a member of the family of the person to whom the card is issued does not affect the validity of the card.
“84g. Subject to sub-section 84h(3), where an entitlement card is issued to a person, the person and each person who is, at the time when the card is issued, a member of the person’s family shall be taken, for the purposes of this Act, to be a holder of the card.
“84h. (1) Where an entitlement card has been issued under section 84e, an additional card may, in accordance with the regulations, be issued to a person who is a holder of the card.
“(2) Without limiting the generality of sub-section (1), regulations made for the purposes of that sub-section may provide for the issue of an additional card to a person—
(a) who is or was a holder of an entitlement card that has been lost, stolen, damaged or destroyed; or
(b) who is a holder of an entitlement card but whose particulars are not included on the card.
“(3) Where—
(a) an entitlement card has been issued to a person (in this sub-section referred to as the ‘original card holder’) under section 84e in respect of a relevant entitlement period; and
(b) a person (in this sub-section referred to as the ‘new family member’) becomes, after the issue of the card and during that period, a member of the original card holder’s family,
a replacement card may, in accordance with the regulations, be issued to the original card holder, being a card that includes particulars of the holders of the original card and of the new family member and, where such a replacement card is issued, each holder of the original card and the new family member shall be taken, from the time when the replacement card is issued, to be a holder of the replacement card.
“(4) Regulations made for the purposes of sub-section (1) or (3) may provide for application to be made to the Administrative Appeals Tribunal for review of a decision of a person refusing to issue an additional card or a replacement card.
“84j. An entitlement card issued in respect of a relevant entitlement period commences to have effect on the day on which it is issued and ceases to have effect at the end of that period.
“84k. Where an entitlement card is issued to a person who is not eligible to be issued with the entitlement card, the Secretary may, by notice in writing to a holder of the card, require the holder to deliver the card, within such period (not being a period of less than 7 days) as is specified in the notice, to—
(a) the Secretary; or
(b) such other person as is specified in the notice, for cancellation and the holder shall comply with the notice.
“84l. (1) An approved pharmacist, approved medical practitioner or approved hospital authority shall not knowingly issue an entitlement card to a person who is not eligible to be issued with the entitlement card.
Penalty: $5,000 or imprisonment for 2 years, or both.
“(2) An approved pharmacist, approved medical practitioner or approved hospital authority shall not knowingly include in an entitlement card, as the name of a member of a person’s family, the name of a person who is not a member of the person’s family.
Penalty: $5,000 or imprisonment for 2 years, or both.
“(3) A person shall not, without reasonable excuse, fail to comply with a notice given to the person under section 84k.
Penalty: $2,000 or imprisonment for 12 months, or both.
“(4) A person shall not, without reasonable excuse, fail to comply with a notice given to the person under sub-section 84e (6).
Penalty for contravention of this sub-section: $2,000 or imprisonment for 12 months, or both.”.
“(2) Subject to sub-section (3), the drugs and medicinal preparations in relation to which this Part applies are—
(a) drugs and medicinal preparations that are—
(i) declared by the Minister, in writing, to be drugs and medicinal preparations to which this Part applies; or
(ii) included in a class of drugs and medicinal preparations declared by the Minister, in writing, to be a class of drugs and medicinal preparations to which this Part applies; and
(b) medicinal preparations composed of—
(i) one or more of the drugs and medicinal preparations referred to in paragraph (a), being a drug or medicinal preparation that is, or drugs and medicinal preparations that are, included in a class of drugs and medicinal preparations declared by the Minister, in writing, to be a class of drugs and medicinal preparations to which this paragraph applies; and
(ii) one or more of such additives as are declared by the Minister, in writing, to be additives to which this paragraph applies.
“(2a) The Minister may, in a declaration under sub-section (2)—
(a) declare that a particular pharmaceutical benefit is to be a relevant pharmaceutical benefit for the purposes of section 88a; and
(b) specify the circumstances in which the writing of a prescription for the supply of the pharmaceutical benefit is to be authorised under this Part.
“(2b) Sections 48, 49, 49a and 50 of the
“(2c) Declarations shall not
be taken to be statutory rules within the meaning of the
“(2d) For the purposes of
the application of sub-section 5 (3b)
of the
“(2e) Section 5 of the
(a) by omitting from paragraph (2) (a) “$2.00” and substituting “$2.50”;
(b) by omitting from paragraph (2) (b) “$5.00” and substituting “$10.00”;
(c) by omitting from sub-section (2a) “An” and substituting “Subject to sub-section (2b), an”;
(d) by inserting after paragraph (2a) (a) “or an entitlement card prescription” after “prescription”;
(e) by omitting from paragraph (2a) (b) “$2.00” and substituting “$2.50”;
(f) by omitting from paragraph (2a) (c) “$5.00” and substituting “$10.00”;
(g) by inserting after sub-section (2a) the following sub-section:
“(2b) An approved pharmacist or an approved medical practitioner acting in accordance with his or her approval shall not, in respect of a supply (including a repeated supply) by the approved pharmacist or approved medical practitioner, as the case may be, of a pharmaceutical benefit in respect of which there is in force a determination under section 85b, charge the person to whom the pharmaceutical benefit is supplied an amount that exceeds the Commonwealth price (within the meaning of section 99) in relation to the pharmaceutical benefit.”;
(h) by inserting after sub-section (3) the following sub-sections:
“(3a) An approved pharmacist, approved medical practitioner or approved hospital authority shall not supply a pharmaceutical benefit to a person on terms that are appropriate for the supply of the benefit to—
(a) a pensioner;
(b) a dependant of a pensioner;
(c) a holder of an entitlement card;
(d) a concessional beneficiary; or
(e) a dependant of a concessional beneficiary,
unless the pharmacist, medical practitioner or authority is satisfied that the person is entitled to receive the benefit on those terms.
“(3b) Without limiting the generality of sub-section (3a), an approved pharmacist, approved medical practitioner or approved hospital authority may refuse to supply a pharmaceutical benefit to a person on terms that are appropriate for the supply of the benefit to—
(a) a pensioner;
(b) a dependant of a pensioner;
(c) a holder of an entitlement card;
(d) a concessional beneficiary; or
(e) a dependant of a concessional beneficiary,
unless the person produces evidence (whether by way of the production of a card or evidence of identity or otherwise) to the pharmacist, medical practitioner or authority that the person is entitled to receive the benefit on those terms.”;
(j) by omitting paragraph (4) (a);
(k) by omitting from sub-section (5) “or a dependant of a pensioner” and substituting “, a dependant of a pensioner or a holder of an entitlement card”; and
(m) by adding at the end the following sub-section:
“(6) The reference in sub-section (1) to a payment or other valuable consideration in respect of the supply of a pharmaceutical benefit does not include a reference to a charge demanded or received by reason only that the supply is made at a time outside normal trading hours.”.
“88a. Where a pharmaceutical benefit is declared, in a declaration made under sub-section 85 (2), to be a relevant pharmaceutical benefit for the purposes of this section, the writing of a prescription for the supply of the benefit is authorised under this Part only in the circumstances specified in the declaration pursuant to sub-section 85 (2a).”.
(a) by inserting in sub-paragraph (1) (ca) (i) “or (3)” after “sub-section 84aa (2)”;
(b) by omitting from sub-paragraph (1) (ca) (i) “or a pensioner benefit prescription” and substituting “, a pensioner benefit prescription or an entitlement card prescription”;
(c) by inserting in paragraph (1) (ca) “or (3)” after “sub-section 84aa (2)” (last occurring);
(d) by inserting in paragraph (1) (ca) “or (1a)” after “sub-section 84aa (1)”;
(e) by omitting from paragraph (1) (ca) “or a pensioner benefit prescription” (last occurring) and substituting “, a pensioner benefit prescription or an entitlement card prescription”;
(f) by inserting in paragraph (2) (a) “or entitlement card prescriptions” after “prescriptions”; and
(g) by inserting in sub-section (4) “or (3), as the case requires,” after “sub-section 84aa (2)”.
“(2) Where—
(a) an approved pharmacist gives the Secretary notice in writing that the pharmacist has ceased to carry on business as a pharmacist at premises in respect of which the pharmacist is approved; or
(b) an approved medical practitioner gives the Secretary notice in writing that the medical practitioner has ceased to practise in the area in respect of which the medical practitioner is approved,
the Secretary may cancel the approval.
“(3) Where the Secretary is satisfied that an approved pharmacist has, for a period of not less than 6 months, ceased to carry on business as a pharmacist at premises in respect of which the pharmacist is approved, the Secretary may, by notice in writing to the pharmacist, cancel the approval of the pharmacist under section 90.
“(3a) Where the Secretary is satisfied that an approved medical practitioner has, for a period of not less than 6 months, ceased to practise in the area in respect of which the medical practitioner is approved, the Secretary may, by notice in writing to the medical practitioner, cancel the approval of the medical practitioner under section 92.”.
“(2) Where an approved hospital authority gives the Minister notice in writing that the authority has ceased to conduct a hospital in respect of which it is approved, the Minister may cancel the approval.
“(3) Where the Minister is satisfied that an approved hospital authority has, for a period of not less than 6 months, ceased to conduct a hospital in respect of which it is approved, the Minister may, by notice in writing to the authority, cancel the approval of the authority under section 94.”.
(a) by inserting in paragraph (2) (a) “or an entitlement card prescription” after “prescription” (last occurring);
(b) by omitting from sub-section (2a) “$5.00” (wherever occurring) and substituting “$10.00”;
(c) by inserting in sub-section (2a) “(other than for the purposes of Division 1a)” after “of this Part”;
(d) by omitting from sub-section (2b) “$2.00” (wherever occurring) and substituting “$2.50”; and
(e) by inserting in sub-section (2b) “(other than for the purposes of Division 1A)” after “of this Part”.
“99aa. (1) Where—
(a) a pharmaceutical benefit has been supplied to a person (in this sub-section referred to as the ‘patient’) by an approved pharmacist, approved medical practitioner or approved hospital authority;
(b) the pharmacist, medical practitioner or authority is paid an amount (in this sub-section referred to as the ‘relevant amount’) by the Commonwealth in respect of the supply of the benefit to the patient; and
(c) the patient obtained the benefit on terms that were appropriate for the supply of the benefit to—
(i) a pensioner;
(ii) a dependant of a pensioner;
(iii) a holder of an entitlement card;
(iv) a concessional beneficiary; or
(v) a dependant of a concessional beneficiary,
knowing, or in circumstances such that he or she ought reasonably to have known, that he or she was not entitled to receive the benefit on those terms,
the Secretary may, by notice in writing to the patient, require the patient to pay to the Commonwealth an amount equal to the relevant amount.
“(2) Where—
(a) a pharmaceutical benefit is supplied to a person by an approved pharmacist, approved medical practitioner or approved hospital authority;
(b) the pharmacist, medical practitioner or authority is paid an amount (in this sub-section referred to as the ‘relevant amount’) by the Commonwealth in respect of the supply of the benefit to that person; and
(c) the pharmacist, medical practitioner or authority obtained the relevant amount knowing, or in circumstances such that he or she ought reasonably to have known, that it was not payable,
the Secretary may, by notice in writing to the pharmacist, medical practitioner or authority, require the pharmacist, medical practitioner or authority to pay to the Commonwealth an amount equal to the relevant amount.
“(3) Where—
(a) the conditions referred to in paragraphs (1) (a), (b) and (c) or (2) (a), (b) and (c) are satisfied in relation to an amount paid by the Commonwealth; and
(b) the Secretary gives a person notice under sub-section (1) or (2), as the case may be, requiring the person to pay to the Commonwealth an amount equal to the amount referred to in paragraph (a) of this sub-section,
the Commonwealth may recover the amount referred to in the notice as a debt due to the Commonwealth by action in a court of competent jurisdiction.”.
“(4) A drug or medicinal preparation shall not be declared, pursuant to paragraph 85 (2) (a), to be a drug or medicinal preparation in relation to which this Part applies unless—
(a) the drug or medicinal preparation was, immediately before the commencement of this sub-section, a pharmaceutical benefit; or
(b) the Committee has recommended to the Minister that it be so declared.
“(4a) A class of drugs or medicinal preparations, or of drugs and medicinal preparations, shall not be declared, pursuant to paragraph 85 (2) (a), to be a class of drugs or medicinal preparations, or of drugs and medicinal preparations, in relation to which this Part applies unless—
(a) each member of that class was, immediately before the commencement of this sub-section, a pharmaceutical benefit; or
(b) the Committee has recommended to the Minister that the class be so declared.”.
(a) by omitting from sub-section (4a) “(1) of section 84aa” and substituting “84aa (1) or (1a)”;
(b) by omitting from sub-section (4b) “(2) of section 84aa” and substituting “84aa (2) or (3)”;
(c) by inserting after paragraph (5) (a) the following paragraph:
“(aa) make or present to an approved pharmacist, approved medical practitioner or approved hospital authority, in connection with an application for an entitlement card, a statement or document which is false or misleading in a material particular;”; and
(d) by inserting after paragraph (5) (b) the following paragraph:
“(ba) obtain the issue of an entitlement card to which the person is not entitled;”.
(a) by inserting after sub-section (6) the following sub-sections:
“(6a) An application may be made to the Tribunal for review of a decision of the Secretary under sub-section 84e (1) refusing to issue an entitlement card to a person.
“(6b) An application may be made to the Tribunal for review of a decision of the Secretary to give a notice under section 84k.”; and
(b) by inserting after sub-section (8) the following sub-sections:
“(8a) An application may be made to the Tribunal for a review of a decision of the Secretary under sub-section 98 (3) or (3a) to revoke an approval.
“(8b) An application may be made to the Tribunal for a review of a decision of the Minister under sub-section 98aa (3) to revoke an approval.”.
(a) by omitting sub-section (1aa);
(b) by omitting paragraph (1b) (a); and
(c) by omitting from sub-section (2) “(1aa),”.
“134e. (1) Where it is necessary, for the purposes of this Act, to establish the state of mind of a body corporate in respect of conduct engaged in, or deemed by sub-section (2) to have been engaged in, by the body corporate, it is sufficient to show that a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
“(2) Any conduct engaged in on behalf of a body corporate—
(a) by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent,
shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.
“(3) Where it is necessary, for the purposes of this Act, to establish the state of mind of a person in relation to conduct deemed by sub-section (4) to have been engaged in by the person, it is sufficient to show that a servant or agent of the person, being a servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
“(4) Conduct engaged in on behalf of a person other than a body corporate—
(a) by a servant or agent of the person within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a servant or agent of the first-mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the servant or agent,
shall be deemed for the purposes of this Act to have been engaged in also by the first-mentioned person.
“(5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the person’s intention, opinion, belief or purpose.
“(6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.”.
(a) by inserting in sub-section (1) “, 84l” after “82”; and
(b) by inserting in paragraph (3) (b) “84l,” after “section”.
(a) by inserting in paragraph (a) “23da,” after “23d,”; and
(b) by inserting in paragraph (a) “23ea,” after “23e,”.
“23da. (1) The Secretary may, by notice in writing served on a manufacturing corporation, require the corporation to give notice in writing to the Secretary of each batch or other quantity of—
(a) a specified biological product;
(b) biological products of a specified kind; or
(c) all biological products,
produced, or to be produced, in Australia by the corporation.
“(2) Where the Secretary has given a corporation notice under sub-section (1), the corporation shall not supply in Australia a biological product to which the notice relates to another person unless the corporation has given the notice required by the first-mentioned notice.
“(3) A corporation shall not be taken to have complied with sub-section (2) in relation to a batch or other quantity of a biological product unless the notice given in relation to that batch or quantity includes such particulars as will allow the Secretary to identify that batch or quantity.”.
“23ea. (1) The Secretary may, by notice in writing served on a manufacturing corporation, require the corporation to furnish to the Secretary such samples as are required by the notice of each batch or other quantity of—
(a) a specified biological product;
(b) biological products of a specified kind; or
(c) all biological products, produced in Australia by the corporation.
“(2) Where, in accordance with a requirement in a notice under sub-section (1), a corporation has furnished to the Secretary samples of a batch or other quantity of a biological product, the Secretary may, by notice in writing served on the corporation, direct the corporation not to supply in Australia to any person any part of that batch or other quantity of that biological product.
“(3) Where a corporation has, by notice under sub-section (1), been required to furnish samples of a batch or other quantity of a biological product, the corporation shall not supply in Australia to another person any part of that batch or other quantity of that biological product unless the corporation has furnished the samples required.
“(4) Where, in accordance with a requirement in a notice under sub-section (1), a corporation has furnished to the Secretary samples of a batch or other quantity of a biological product, the corporation shall not—
(a) in any case where the Secretary has served notice on the corporation under sub-section (2) in relation to that batch or other quantity of the biological product—supply in Australia to another person any part of that batch or other quantity of the biological product unless the Secretary has, on application in writing made to the Secretary by the corporation or on the Secretary’s own initiative, authorised the corporation, by notice in writing served on the corporation, to supply to other persons that batch or other quantity of the biological product and that notice is in force at the time when the supply occurs; or
(b) in any other case—supply in Australia to another person any part of that batch or other quantity of the biological product unless a period of 28 days has elapsed since the corporation furnished the samples.
“(5) Where a corporation has been served with a notice under sub-section (2), the Secretary may, upon application in writing made to the Secretary by the corporation or on the Secretary’s own initiative, revoke that notice by notice in writing served on the corporation.”.
(a) by inserting after paragraph (3) (b) the following paragraph:
“(ba) have been, or are being, manufactured by a prescribed corporation;”;
(b) by inserting in paragraph (3) (c) “, between a State and a Territory or between 2 Territories” after “States”; and
(c) by inserting after paragraph (3) (c) the following paragraph:
“(ca) have been, or are being, manufactured in an internal Territory;”.
“24a. (1) The regulations may make provision for or in relation to the inspection of procedures carried out, or documents relating to procedures carried out, in the manufacture of goods for therapeutic use.
“(2) Without limiting the generality of sub-section (1), the regulations that may be made by virtue of that sub-section include regulations making provision for or in relation to—
(a) the authorisation of persons to inspect, and to enter upon premises for the purposes of inspecting, procedures carried out, or documents relating to procedures carried out, in the manufacture of goods for therapeutic use; and
(b) the taking of extracts from, or making copies of, a document relating to procedures carried out in the manufacture of goods for therapeutic use.
“(3) A reference in this section to procedures carried out in the manufacture of goods for therapeutic use is a reference to—
(a) procedures carried out by a prescribed corporation in the manufacture of goods for therapeutic use;
(b) procedures carried out by a person (not being a prescribed corporation) for export from Australia;
(c) procedures carried out by a person (not being a prescribed corporation) in the manufacture of goods for therapeutic use—
(i) for supply—
(a) in the course of trade and commerce among the States, between a State and a Territory or between 2 Territories;
(b) under a law of the Commonwealth relating to the provision of pharmaceutical benefits;
(c) to the Commonwealth or the Northern Territory or to an authority of the Commonwealth or of a Territory; or
(d) in an internal Territory; or
(ii) in an internal Territory; or
(d) procedures carried out by a person (not being a prescribed corporation) in the manufacture in an internal Territory of goods for therapeutic use.”.
(a) by inserting “23da,” after “23d,”; and
(b) by inserting “23ea,” after “23e,”
(a) by omitting from paragraph (4) (d) “and”; and
(b) by adding at the end of sub-section (4) the following paragraphs:
“(f) a refusal by the Secretary to grant an application made under paragraph 23ea (4) (a);
(g) a refusal by the Secretary to grant an application made under sub-section 28ea (5); and
(h) a revocation by the Secretary of a notice under paragraph 23ea (4) (a).”.
————
MINOR AMENDMENTS OF NATIONAL HEALTH ACT 1953
Repeal the long title, substitute the following long title:
“An Act relating to the provision of pharmaceutical, sickness and hospital benefits, and of medical and dental services”.
Omit “1953”, substitute “
Omit from paragraph (e) “1948”,
substitute “
Omit from paragraph (c) “1948”,
substitute “
Omit the definition, substitute the following definition:
“‘pharmacist’ means a person registered as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists, and includes—
(a) a friendly society or other body of persons (whether corporate or unincorporate) carrying on business as a pharmacist; and
(b) the legal personal representative of a deceased pharmacist carrying on the business of that deceased pharmacist;”.
(a) Omit from paragraph (a) “public nursing home”, substitute “Government nursing home”.
(b) Omit from paragraph (b) “a private”, substitute “any other”.
Omit from paragraph (a) “his”, substitute “the member’s”.
Omit “of this Act”.
Omit “of this Act”.
Omit “of this Act”.
Omit “1973-1976”, substitute “1
Omit “the day on which this section came into operation”, substitute “1 July 1985”.
Omit “he”, substitute “that contributor”.
Omit “he”, substitute “that contributor”.
(a) Omit “him”, substitute “the Minister”.
(b) Omit “his” (twice occurring), substitute “the Minister’s”.
(a) Omit “him”, substitute “the Secretary”.
(b) Omit “his” (twice occurring), substitute “the Secretary’s”.
Insert the following section in Part II:
“8. In this Part, ‘Territory’ includes an external Territory to which this Act extends.”.
Omit “any of the last four preceding paragraphs”, substitute “paragraph (a), (b), (c) or (d)”.
Omit “he”, substitute “the Minister”.
Omit the sub-section.
Omit the sub-section.
Omit the sub-section.
Insert “, matter or thing” after “service” (second occurring).
(a) Insert “or the Administrator of a Territory” after “State” (first occurring).
(b) Insert “or Territory” after “State” (second occurring).
(c) Insert “, matter or thing” after “service” (second occurring).
Insert “or Territory” after “State” (wherever occurring).
(a) Omit “the last preceding sub-section”, substitute “sub-section (2)”.
(b) Omit “he”, substitute “the Minister”.
Insert “or her” after “his” (wherever occurring).
Omit “he” (wherever occurring), substitute “the Minister”.
Omit “him”, substitute “the Minister”.
Omit “he”, substitute “the Minister”.
Omit “he” (first occurring), substitute “the Minister”.
Omit “he”, substitute “the Minister”.
Omit “he is”.
(a) Omit “he”, substitute “the Minister”.
(b) Omit “, either personally or by post,”.
(a) Omit “(2) of section thirty-nine”, substitute “39 (2)”.
(b) Omit “1972”, substitute “
1972 ”.
Omit “he”, substitute “the Minister”.
Omit “his”, substitute “the”.
(a) Omit “him”, substitute “the Minister”.
(b) Omit “his”, substitute “the”.
Omit “he”, substitute “the Minister”.
Omit “(2) of section forty-four of this Act”, substitute “44 (2)”.
Omit “he”, substitute “the Minister”.
Omit “the next succeeding section”, substitute “section 40ab”.
Omit “, either personally or by post,”.
Omit “his”, substitute “the”.
Omit “his admission to, or of his”, substitute “the patient’s admission to, or”.
(a) Omit “under his hand”, substitute “signed by the Minister”.
(b) Omit “(i) of paragraph (c) of sub-section (6)”, substitute “(6) (c) (i)”.
Omit “(i) of paragraph (c) of sub-section (6)”, substitute “(6) (c) (i)”
Omit “(i) of paragraph (c) of sub-section (6)”, substitute “(6) (c) (i)”.
Omit “of this sub-section”.
Omit “the next succeeding section”, substitute “section 40ab”.
(a) Omit “application for his approval”, substitute “an application”.
(b) Omit “the next succeeding section”, substitute “section 40ab”.
(a) Omit “the last preceding sub-section”, substitute “sub-section (8)”.
(b) Omit “the next succeeding section”, substitute “section 40ab”.
(a) Omit “his”, substitute “the person’s”.
(b) Omit “himself or of the other person”, substitute “the person or of the other person, as the case may be,”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
(a) Omit “of this section”.
(b) Omit “his”.
(a) Omit “the last preceding sub-section”, substitute “sub-section (3)”.
(b) Omit “his”.
Omit “he”, substitute “the Minister”.
(a) Omit “he”, substitute “the Minister”.
(b) Omit “, either personally or by post,”.
Omit “either personally or by post,”.
Omit “his”, substitute “the”.
Omit “of himself or herself”, substitute “of the person”.
Omit “, either personally or by post,”.
Omit “he”, substitute “the Minister”.
Omit “him”, substitute “the Minister”.
Omit “his”, substitute “the”.
(a) Insert “or she” after “he”.
(b) Omit “, either personally or by post,”.
Omit “under his hand”, substitute “signed by the proprietor”.
(a) Omit “the last preceding sub-section”, substitute “sub-section (2)”.
(b) Omit “he”, substitute “the Minister”.
Omit “he”, substitute “the Minister”.
(a) Omit “his”, substitute “the”.
(b) Omit “of this Act”.
(c) Omit “he”, substitute “the Minister”.
Omit “sub-section (2) of the last preceding sub-section”, substitute “sub-section 40ad (2)”.
Omit “his”.
Insert “or she” (wherever occurring) after “he”.
Insert “or she” (wherever occurring) after “he”.
(a) Insert “or she” after “he”.
(b) Omit “, either personally or by post,”.
Omit “his”, substitute “the”.
Omit “in writing by the Minister”.
Omit “his”, substitute “the authorised person’s”.
Omit “a person who is”.
(a) Omit “a person who is”.
(b) Omit “he becomes”, substitute “so becoming”.
Omit “his”, substitute “the proprietor’s”.
(a) Omit “by post”.
(b) Omit “him”, substitute “the proprietor”.
Omit “his”, substitute “the person’s”.
Omit “by post”.
Omit “he” (twice occurring), substitute “the Minister”.
Omit “by post”.
Omit “by post”.
Omit “by post”.
Omit “(5b) of section 40aa”, substitute “40aa (5b)”.
Omit “(4a) of section 40ab”, substitute “40ab (4a)”.
Omit “this Act”, substitute “this Part”.
Omit the sub-section, substitute the following sub-section:
“(5) Section 5 of the
(a) Omit “him”, substitute “the proprietor”.
(b) Omit “his”, substitute “the Secretary’s”.
Omit “the next succeeding section”, substitute “section 58e”.
After the definition of “approved person”, insert the following definition—
“ ‘authorised’ means authorised in writing by the Secretary;”.
(a) Omit “his”, substitute “the person’s”.
(b) Omit “he”, substitute “the person”.
(a) Omit “the last preceding sub-section”, substitute “sub-section (1)”.
(b) Omit “(c) of that sub-section”, substitute “(1) (c)”.
(a) Omit “he”, substitute “the patient”.
(b) Omit “his” (first occurring), substitute “the patient’s”.
(c) Omit “his” (second occurring), substitute “the”.
Omit “(iii), (iiia) or (iv) of paragraph (c) of sub-section (3)”, substitute “(3) (c) (iii), (iiia) or (iv)”.
Omit “two” (twice occurring), substitute “2”.
(a) Omit “the last preceding section”, substitute “section 58e”.
(b) Omit “his behalf, substitute “behalf of the person concerned”.
(c) Omit “under his hand”, substitute “signed by either of them”.
(a) Omit “the last preceding sub-section”, substitute “sub-section (1)”.
(b) Omit “he”, substitute “the Minister”.
(a) Omit “the last preceding sub-section”, substitute “sub-section (2)”.
(b) Omit “(3) of the last preceding section”, substitute “58e (3)”.
Omit “seven”, substitute “7”.
Omit “, by notice in writing, served personally or by post”, substitute “by notice in writing served”.
(a) Omit “his”, substitute “the”.
(b) Omit “he”, substitute “the Secretary”.
Omit “his”, substitute “the”.
(a) Omit “he”, substitute “the Secretary”.
(b) Omit “(2) of section 47”, substitute “47 (2)”.
Omit “personally or by post”.
Omit “by post”.
Omit “him”, substitute “the proprietor”.
Omit “he”, substitute “the person”.
Omit “him” (first occurring), substitute “the Minister”.
(a) Omit “him”, substitute “the Minister”.
(b) Omit “he”, substitute “the Minister”.
(c) Omit “, either personally or by post,”.
Insert “or her” after “his”.
Omit “two”, substitute “2”.
Omit “he”, substitute “the Secretary”.
Omit “his”, substitute “the Minister’s”.
Omit “he”, substitute “the Minister”.
Omit “he” (twice occurring), substitute “the Minister”.
Omit “he”, substitute “the Minister”.
Omit “he” (twice occurring), substitute “the Minister”.
(a) Omit “he” (first occurring), substitute “the Minister”.
(b) Omit “he has so refused”, substitute “so refusing”.
(a) Omit “he”, substitute “the Minister”.
(b) Omit “, either personally or by post,”.
Omit “he”, substitute “the Minister”.
Omit “, either personally or by post,” (wherever occurring).
Omit “either personally or by post”.
Omit “he”, substitute “the Administrator”.
Omit “(e) of that sub-section”, substitute “(1) (e)”.
Omit “he”, substitute “the Minister”.
(a) Omit “himself, substitute “the person”.
(b) Omit “his”, substitute “the person’s”.
(c) Omit “him”, substitute “the person”.
Omit “(b) of sub-section (1)”, substitute “(1) (b)”.
(a) Omit “him” (twice occurring), substitute “the Minister”.
(b) Omit “(b) of sub-section (2)”, substitute “(2) (b)”
(a) Omit “he”, substitute “the Minister”.
(b) Omit “his”, substitute “the person’s”.
Omit “(c) of sub-section (3)”, substitute “(3) (c)”.
(a) Omit “he”, substitute “the Minister”.
(b) Omit “, either personally or by post,”.
Omit “his”, substitute “the person’s”.
(a) Omit “him” (wherever occurring), substitute “the Minister”.
(b) Omit “(b) of sub-section (2)”, substitute “(2) (b)”.
Omit “(c) of sub-section (3)” (wherever occurring), substitute “(3) (c)”.
Omit “he”, substitute “the Minister”.
(a) Omit “he”, substitute “the Minister”.
(b) Omit “, either personally or by post,”.
(a) Omit “him” (twice occurring), substitute “the person”.
(b) Omit “he”, substitute “the person”.
(c) Omit “his”, substitute “the person’s”.
Omit “(b) of sub-section (1)”, substitute “(1) (b)”.
Omit “him” (first occurring), substitute “the Minister”.
Omit “(b) of sub-section (2)”, substitute “(2) (b)”.
Omit “him”, substitute “the Minister”.
Omit “(c) of sub-section (3)” (wherever occurring), substitute “(3) (c)”.
(a) Omit “he” (first occurring), substitute “the Minister”.
(b) Omit “he”, substitute “the person”.
(c) Omit “his”, substitute “the person’s”.
Omit “his”, substitute “the person’s”.
Omit “, either personally or by post,”.
Omit “he”, substitute “the Minister”.
Omit “he”, substitute “the Minister”.
(a) Omit “he” (twice occurring), substitute “the Minister”.
(b) Omit “his”, substitute “the Minister’s”.
Omit “he is”.
Omit “(2b) of section 73f”, substitute “73f (2b)”.
(a) Omit “by post”.
(b) Omit “he”, substitute “the party”.
Omit “by post”.
(a) Omit “he”, substitute “the Minister”.
(b) Omit “his”, substitute “the Minister’s”.
(c) Omit “by post”.
(a) Omit “fourteen”, substitute “14”.
(b) Omit “seven”, substitute “7”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Insert “or her” after “his”.
(a) Omit “seven”, substitute “7”.
(b) Omit “the last preceding sub-section”, substitute “sub-section (6)”.
Omit “he”, substitute “the person”.
Omit “under his hand”, substitute “signed by the Secretary”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Omit “him”, substitute “the Secretary”.
Omit “his” (wherever occurring), substitute “the person’s”.
Omit “he”, substitute “the Secretary”.
Omit “him”, substitute “the person”.
(a) Omit “three”, substitute “3”.
(b) Omit “the next succeeding section”, substitute “section 76a”.
Omit “fifteen”, substitute “15”.
Omit “his”, substitute “the Minister’s”.
(a) Omit “him”, substitute “the Minister”.
(b) Omit “he”, substitute “the Minister”.
Omit “his” (wherever occurring), substitute “the Minister’s”.
Omit “the last preceding sub-section”, substitute “sub-section (6)”.
(a) Omit “he” (wherever occurring), substitute “the Minister”.
(b) Omit “his”, substitute “the Minister’s”.
Omit “he” (wherever occurring), substitute “the Minister”.
(a) Omit “two”, substitute “2”.
(b) Omit “three”, substitute “3”.
(c) Omit “he”, substitute “the person”.
(a) Omit “his”, substitute “the contributor’s”.
(b) Omit “he” (twice occurring), substitute “the contributor”.
(c) Omit “two”, substitute “2”.
(a) Omit “himself”, substitute “the contributor”.
(b) Omit “his”, substitute “the contributor’s”.
(c) Omit “the last preceding sub-section”, substitute “sub-section (1)”.
(d) Omit “(1) or sub-section (1a), as the case may be, of section 82c”, substitute “82c (1) or (1a), as the case requires,”.
(a) Omit “his”.
(b) Omit “him”, substitute “the second-mentioned person”.
Omit “he” (twice occurring), substitute “the Minister”.
(a) Omit “he”, substitute “the Minister”.
(b) Omit “under his hand”, substitute “signed by the Minister”.
Omit “he”, substitute “the inspector”.
(a) Omit “him”, substitute “the person”.
(b) Omit “he” (wherever occurring), substitute “the person”.
Omit “him” (wherever occurring), substitute “the person”.
Omit “him”, substitute “the inspector”.
Omit “he”, substitute “the inspector”.
Omit “he”, substitute “the inspector”.
Omit “he”, substitute “the inspector”.
Omit “he”, substitute “the inspector”.
(a) Omit “his”, substitute “the inspector’s”.
(b) Omit “he”, substitute “the inspector”.
Omit “him”, substitute “the Minister”.
Omit “him”, substitute “the Minister”.
Omit “he” (twice occurring), substitute “the Minister”.
(a) Omit “under his hand”, substitute “signed by the inspector”.
(b) Omit “his” (last occurring), substitute “the inspector’s”.
Insert “or her” after “his”.
Omit “he”, substitute “the person”.
Omit “he”, substitute “the Minister”.
Omit “he”, substitute “the Minister”.
Omit “he”, substitute “the Minister”.
Insert “or her” after “his”.
Omit “he”, substitute “the judicial manager”.
Omit “he”, substitute “the judicial manager”.
Omit “himself’.
Insert “or she” after “he”.
Omit “his”, substitute “the judicial manager’s”.
Omit “him”, substitute “the relevant contributor”.
Omit “(2) of section 82zf”, substitute “82zf (2)”.
(a) Omit “(2) of section 20e”, substitute “20e (2)”.
(b) Omit “1973”, substitute “
1973 ”.
Omit “him”, substitute “the Minister”.
Omit “, either personally or by post,”.
Omit “he”, substitute “the Minister”.
Omit the definition, substitute the following definition:
“‘approved pharmacist’ means a pharmacist for the time being approved, or deemed to be approved, under section 90;”.
Omit “(a) of section 89”, substitute “89 (a)”.
Omit “he”, substitute “the dental practitioner”.
(a) Omit “he”, substitute “the Secretary”.
(b) Omit “under his hand”, substitute “signed by the Secretary”.
Omit “his”, substitute “the dental practitioner’s”.
Omit “the last preceding sub-section”, substitute “sub-section (2)”.
Omit “the last preceding sub-section”, substitute “sub-section (3)”.
Omit “(a) or (b) of sub-section (2)”, substitute “(2) (a) or (b)”.
Omit “the next succeeding section”, substitute “section 87”.
Omit “(6) of section 88”, substitute “88 (6)”.
Omit “his”.
(a) Omit “he”, substitute “the patient”.
(b) Omit “(2) of section 85a”, substitute “85a (2)”.
Insert “or herself” after “himself”.
(a) Omit “(1) of section 85a”, substitute “85a(1)”.
(b) Insert “or her” after “him”.
Omit “(2) of section 85a” (wherever occurring), substitute “85a(2)”.
Omit “he” (twice occurring), substitute “the medical practitioner”.
Omit “(2) of section 85a”, substitute “85a (2)”.
Omit “he”, substitute “the pharmacist”.
Omit “his”, substitute “the Secretary’s”.
(a) Insert “or she” after “he”.
(b) Omit “two”, substitute “2”.
(a) Omit “he”, substitute “the pharmacist”.
(b) Omit “his”, substitute “the Secretary’s”.
(a) Omit “he”, substitute “the Secretary”.
(b) Omit “, either personally or by post,”.
(a) Omit “he”, substitute “the Secretary”.
(b) Omit “, either personally or by post,”.
Insert “or she” after “he” (twice occurring).
(a) Insert “or she” after “he” (twice occurring).
(b) Insert “or her” after “his”.
Insert “or she” after “he”.
Insert “or her” after “him”.
Omit “(a), (b) and (c) of the last preceding sub-section”, substitute “92a(1) (a), (b) and (c)”.
Omit “the last preceding paragraph”, substitute “paragraph (b)”.
Insert “or her” after “his”.
Omit “he”, substitute “the person”.
Omit “his”, substitute “the Minister’s”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
(a) Omit “he”, substitute “the Minister”.
(b) Omit “, either personally or by post,”.
Omit “his”, substitute “the Minister’s”.
Omit “he”, substitute “the Secretary”.
Omit “the last preceding sub-section”, substitute “sub-section (4)”.
Omit “the next succeeding sub-section”, substitute “sub-section (7)”.
Omit “he”, substitute “the Minister”.
(a) Omit “he”, substitute “the Minister”.
(b) Omit “him”, substitute “the medical practitioner, dental practitioner or pharmacist, as the case may be”.
(a) Insert “or her” after “his”.
(b) Insert “or she” after “he”.
Insert “or her” after “his”.
Insert “or her” after “his”.
Insert “or she” after “he”.
Insert “or she” after “he”.
Omit “the last preceding sub-section”, substitute “sub-section (2)”.
Omit “he”, substitute “the person”.
Omit “(3) of section 85”, substitute “85 (3)”.
Omit “(6) of section 85”, substitute “85 (6)”.
Omit “(c) of sub-section (2)” (wherever occurring), substitute “(2) (c)”.
Omit “(c) of sub-section (2) of section 98b”, substitute “98b (2) (c)”.
Omit “(4) of section 98b”, substitute “98b (4)”.
Omit “(1) of section 98b”, substitute “98b (1)”.
Omit “(b) of sub-section (1)”, substitute “(1) (b)”.
Insert “or she” after “he”.
Omit “his” (wherever occurring), substitute “the person’s”.
Omit “(1) of section 98b”, substitute “98b (1)”.
Omit “(1) of section 98c”, substitute “98c (1)”.
Omit “(2) or (3) of section 87”, substitute “87 (2) or (3)”.
Omit “(6) of section 88”, substitute “88 (6)”.
Omit “(6) of section 88”, substitute “88 (6)”.
(a) Insert “or she” after “he”.
(b) Insert “or her” after “his”.
(a) Insert “or she” after “he”.
(b) Insert “or her” after “his”.
Omit “five”, substitute “5”.
Insert “or her” after “his”.
Insert “or she” after “he”.
(a) Insert “or her” after “his” (wherever occurring).
(b) Insert “or her” after “him”.
Omit “he”, substitute “the additional member”.
(a) Omit “his”.
(b) Omit “him”, substitute “the member”.
insert “or her” after “his” (wherever occurring).
Omit “his” (wherever occurring), substitute “the person’s”.
Omit “him”, substitute “the person”.
Insert “or her” after “his”.
Omit “his” (wherever occurring), substitute “the person’s”.
Omit “him”, substitute “the person”.
Omit “he”, substitute “the Minister”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Omit “the next succeeding sub-section”, substitute “sub-section (2)”.
(a) Omit “six”, substitute “6”.
(b) Omit “ten”, substitute “10”.
Omit “three”, substitute “3”.
Omit “he”, substitute “the Secretary”.
Omit “he”, substitute “the person”.
Omit “the next succeeding section”, substitute “section 104”.
Omit “him”, substitute “the person”.
Insert “or she” after “he”.
Omit “his or its”, substitute “the pharmacist’s or authority’s”.
Insert “or herself after “himself.
Omit “he”, substitute “the authorised person”.
Insert “or her” after “his”.
Insert “or she” after “he”.
Insert “or her” after “his”.
(a) Omit “him” (wherever occurring), substitute “the Secretary”.
(b) Omit “his” (wherever occurring), substitute “the approved pharmacist’s”.
Omit “, either personally or by post,”.
Omit “he”, substitute “the Minister”.
Omit “he” (twice occurring), substitute “the Minister”.
Omit the sub-section, substitute the following sub-section:
“(6) Where the Minister affirms, revokes or varies a decision in accordance with sub-section (4), the Minister shall, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration and give reasons for affirming, revoking or varying the decision, as the case may be.”.
Omit “(3) of section 73be”, substitute “73be (3)”.
Omit “(1) of section 73d”, substitute “73d (1)”.
Omit “(1) of sub-section 73d”, substitute “73d (1)”.
Omit “his”, substitute “the Minister’s”.
Omit “he is”.
Omit “he is”.
Omit “he is”.
(a) Omit “four”, substitute “4”.
(b) Omit “six”, substitute “6”.
(a) Omit “under his hand”, substitute “signed by the Secretary”.
(b) Insert “or her” after “his” (second and last occurring).
Omit “four”, substitute “4”.
Omit “the last preceding section”, substitute “section 110”.
Insert “or her” after “his”.
Omit “the next succeeding sub-section”, substitute “sub-section (2)”.
Omit “The last preceding sub-section”, substitute “Sub-section (1)”.
Omit “four”, substitute “4”.
Omit “the last preceding section”, substitute “section 112a”.
Omit “four”, substitute “4”.
(a) Omit “under his hand”, substitute “signed by the Secretary”.
(b) Insert “or her” after “his” (second and last occurring).
Omit “four”, substitute “4”.
(a) Omit “the last preceding section”, substitute “section 115”.
(b) Omit “1947-1952”, substitute “
1947 ”.
Omit “the next succeeding sub-section”, substitute “sub-section (2)”.
Omit “The last preceding sub-section”, substitute “Sub-section (1)”.
Omit “three”, substitute “3”.
(a) Omit “the last preceding section”, substitute “section 117a”.
(b) Omit “(4) of section 40ae”, substitute “40ae (4)”.
Omit “he”, substitute “the member”.
Omit “he”, substitute “the member”.
Omit the sub-section.
Omit “on his behalf.
Omit “in his absence”, substitute “in the absence of the medical practitioner, participating dental practitioner or approved pharmacist”.
Omit “(4) of section 124”, substitute “124 (4)”.
(a) Omit “, by writing under his hand, summon a person”, substitute “cause a notice in writing signed by the Chairperson to be served on a person summoning the person”.
(b) Omit “his” (second occurring), substitute “the person’s”.
(c) Omit “he”, substitute “the person”.
Omit the sub-section.
Omit “he”, substitute “the witness”.
(a) Omit “him”, substitute “the person”.
(b) Omit “his”, substitute “the person’s”.
(c) Omit “he”, substitute “the person”.
Omit “him”, substitute “the person”.
Omit “him”, substitute “the witness”.
Omit “he”, substitute “the Secretary”.
Omit “he”, substitute “the Minister”.
Omit “his”, substitute “the person’s”.
Insert “or her” after “him”.
Insert “or she” after “he”.
Omit “he” (twice occurring), substitute “the Minister”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Insert “or she” after “he”.
Omit “three”, substitute “3”.
Omit “he”, substitute “the person”.
(a) Omit “his”, substitute “the employee’s”.
(b) Omit “he”, substitute “the employee”.
(a) Omit “his” (wherever occurring).
(b) Omit “he” (twice occurring), substitute “the person”.
(c) Omit “him”, substitute “the first-mentioned person”.
Omit “his” (twice occurring).
Omit “he”, substitute “the authority or the person, as the case may be,”.
Omit “, pharmacist or a pharmaceutical chemist”, substitute “or pharmacist”.
Omit “his” (twice occurring).
(a) Omit “, pharmacists or pharmaceutical chemists” (wherever occurring), substitute “or pharmacists”.
(b) Omit “he”, substitute “the Minister”.
(c) Omit “his” (twice occurring).
Omit “he has”, substitute “there are”.
(a) Omit “his” (wherever occurring).
(b) Omit “he” (twice occurring), substitute “the person”.
(a) Omit “he”, substitute “the Minister”.
(b) Omit “1973”, substitute “
1973 ”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
After “capital nature”, insert “(other than expenditure incurred under section 9a or paragraph 9c (2) (a))”.
Omit “1905-1950”, substitute “
Omit “under his hand”, substitute “signed by the Secretary”.
Omit “under his hand”, substitute “signed by the Secretary”.
(a) Omit “himself, substitute “the contributor”.
(b) Omit “his”, substitute “the contributor’s”.
Omit “he” (wherever occurring), substitute “the contributor”.
————
FURTHER MINOR AMENDMENTS OF NATIONAL HEALTH ACT 1953
Omit “pharmaceutical chemist”
(wherever occurring) in the following provisions of the
Sub-sections 84aa(2), 87 (1), (2), (2a) and (3), paragraphs 87 (4) (a) and (b), sub-section 87 (5), paragraph 89 (a), sub-sections 90 (1), (2), (3), (4) and (5), 92 (1), 92a (1), (3) and (4), 94 (5) and 95 (1), (5), (8) and (9), paragraph 98 (1) (a), sub-
sections 98 (2) and (4), 99 (1), (2), (2a), (2b), (2c) and (3), 101 (1), 103 (1), (2), (3) and (4b), 104 (1) and (3), 104a (1) and (2), 105ab (7) and (8), 107 (1a), 112 (1) and (2), 112ae (1) and (2), 117 (2), 125 (1), (2), (4), (5) and (7), 133 (1), (2), (5) and (6), 134 (1) and 139a (1).
Omit “pharmaceutical chemists”
(wherever occurring) in the following provisions of the
Section 85b, sub-sections 98b (1), (2) and (3), 98c (1), 101 (1) and 113 (1) and sections 114, 115 and 116.
Omit “chemist” (wherever occurring)
in the following provisions of the
Paragraph 89 (a) and 92a (1) (ca).
————
MINOR AMENDMENTS OF OTHER ACTS
Insert “or 11 a” after “section 11”.
Insert the following section:
“11 a. (1) The Minister may appoint a Commissioner (including the Vice-Chairperson) to act as Chairperson during any vacancy in the office of Chairperson.
“(2) A person appointed under sub-section (1) shall not continue to act as Chairperson for more than 12 months.
“(3) While a person is acting as Chairperson, the person has and may exercise all the powers, and shall perform all the duties, of the Chairperson.
“(4) The Minister may—
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as Chairperson under sub-section (1); and
(b) terminate such an appointment at any time.
“(5) A person appointed to act as Chairperson may resign the appointment by writing signed by the person and delivered to the Minister.
“(6) Anything done by or in relation to a person purporting to act as Chairperson under sub-section (1) is not invalid on the ground that—
(a) there is a defect or irregularity in connection with the person’s appointment; or
(b) the person’s appointment had ceased to have effect.”.
Add at the end the following sub-section:
“(13) Any failure to comply with the requirements of sub-section (7) in relation to a decision does not affect the validity of the decision.”.
Insert the following sub-section:
“(5a) Any failure to comply with the requirements of sub-section (4) in relation to a decision does not affect the validity of the decision.”.
(a) Omit “treatment”, substitute “service”.
(b) Omit “treatments”, substitute “services”.
Omit “pharmaceutical chemist”, substitute “pharmacist”.
1. No. 42, 1974, as amended, For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos. 24, 65, 70, 95 and 167, 1985; and Nos. 28 and 75, 1986.
2. No. 95, 1953, as amended, For previous amendments, see No. 68, 1955; Nos. 55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No. 82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966; Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85, 1971; No. 114, 1972; Nos. 49 and 202, 1973; No. 37, 1974; Nos. 1, 13 and 93, 1975; Nos. 1, 60, 91, 99, 108, 157 and 177, 1976; Nos. 98 and 100, 1977; Nos. 36, 88, 132 and 189, 1978; Nos. 54, 91 and 122, 1979; Nos. 117 and 131, 1980; Nos. 40, 74, 92, 118, 163 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 35, 54 and 139, 1983; Nos. 46, 63, 72, 120, 135 and 165, 1984; Nos. 24, 53, 65, 70, 95, 127 and 167, 1985; and Nos. 28 and 75, 1986.
3. No. 29, 1966, as amended, For previous amendments, see No. 216, 1973; No. 37, 1976; No. 118, 1981; No. 80, 1982; and No. 165, 1984.
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House of Representatives on 17 September 1986
Senate on 25 September 1986
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