National Health Act 1953 (Cth)

National Health Act 1953

No. 95, 1953

Compilation No. 151

Compilation date: 1 November 2025

Includes amendments: Act No. 45, 2025

About this compilation

This compilation

This is a compilation of the National Health Act 1953 that shows the text of the law as amended and in force on 1 November 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register ( saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act relating to the provision of pharmaceutical, sickness and hospital benefits, and of medical and dental services

Part IPreliminary1Short title

This Act may be cited as the National Health Act 1953.

2Commencement

(1)
Parts I and II shall come into operation on the day on which this Act receives the Royal Assent.
(2)
The remaining provisions of this Act shall come into operation on such dates as are respectively fixed by Proclamation.

4Interpretation

(1)
In this Act, unless the contrary intention appears:
Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Committee of Inquiry means a Committee of Inquiry established under Part VIII.
complying health insurance policy has the meaning given by section 63‑10 of the Private Health Insurance Act 2007.
de facto partner of a person means:
(a)
another person (whether of the same sex or a different sex) with whom the person has a relationship that is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; or
(b)
another person (whether of the same sex or a different sex) who is living with the person on a genuine domestic basis although not legally married to the person.
designated vaccine has the meaning given by subsection 9B(2).
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
friendly society means:
(a)
a body that is a friendly society for the purposes of the Life Insurance Act 1995; or
(b)
a body that is registered or incorporated as a friendly society under a law of a State or Territory; or
(c)
a body that is permitted, by a law of a State or Territory, to assume or use the expression friendly society; or
(d)
a body that, immediately before the date that is the transfer date for the purposes of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, was registered or incorporated as a friendly society under a law of a State or Territory.
hospital has the meaning given by subsection 121‑5(5) of the Private Health Insurance Act 2007.
hospital‑substitute treatment has the same meaning as in the Private Health Insurance Act 2007.
hospital treatment has the meaning given by section 121‑5 of the Private Health Insurance Act 2007.
Human Services Minister means the Minister administering the Human Services (Medicare) Act 1973.
medicare program has the same meaning as in the Human Services (Medicare) Act 1973.
midwife means a person who is registered as a midwife, or authorised (however described) to practise midwifery, by or under a law of a State or an internal Territory that provides for the registration of midwives, or the authorisation of persons to practise midwifery.
nurse practitioner means a person who is registered, or authorised (however described) to practise, as a nurse practitioner by or under a law of a State or an internal Territory that provides for the registration of nurse practitioners, or the authorisation of persons to practise as nurse practitioners.
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 friendly society or other body of persons (whether corporate or unincorporate) carrying on business as a pharmacist.
premises includes a part of premises.
private health insurer has the same meaning as in the Private Health Insurance Act 2007.
public hospital means a hospital in respect of which there is in force a statement under subsection 121‑5(8) of the Private Health Insurance Act 2007 that the hospital is a public hospital.
public hospital authority means the governing body of a public hospital.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
rules, in relation to a private health insurer, has the same meaning as in the Private Health Insurance Act 2007.
Secretary means the Secretary of the Department.
spouse includes a de facto partner.
Territory means an internal Territory.
vaccine means a vaccine for the purpose of immunising persons.
Veterans’ Affairs Departmentmeans the Department administered by the Veterans’ Affairs Minister.
Veterans’ Affairs Ministermeans the Minister administering the Veterans’ Entitlements Act 1986.
(1A)
In this Act, unless the contrary intention appears, a word or phrase defined for the purposes of the Health Insurance Act 1973 has the meaning that it would have if used in that Act.
(2)
A reference in this Act to a prescription for the supply of a pharmaceutical benefit is a reference to a prescription written in accordance with subsection 88(1), (1A), (1C), (1D) or (1E).
(3)
A reference in this Act to the supply of pharmaceutical benefits at premises is a reference to the supply of pharmaceutical benefits to people who are at the premises when the supply is made.

6Delegation

(1)
The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person (including the Secretary) all or any of the Minister’s powers under this Act, the regulations or another legislative instrument under this Act, other than:
(a)
this power of delegation; or
(aa)
the Minister’s power under subsection 90(10); or
(ab)
the Minister’s powers under section 90A and subsection 90B(5); or
(b)
the Minister’s powers under section 95.
(2)
A power so delegated under subsection (1), when exercised by the delegate, shall, for the purposes of this Act, the regulations or another legislative instrument under this Act, be deemed to have been exercised by the Minister.
(3)
A delegate under subsection (1) is, in the exercise of a power so delegated, subject to the directions (if any) of the Minister.
(4)
A delegation under subsection (1) does not prevent the exercise of a power by the Minister.
(5)
The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate to a person all or any of the Secretary’s powers under this Act, the regulations or another legislative instrument under this Act other than:
(a)
this power of delegation; or
(b)
the Secretary’s powers under section 95.
(6)
A power so delegated under subsection (5), when exercised by the delegate, shall, for the purposes of this Act, the regulations or another legislative instrument under this Act, be deemed to have been exercised by the Secretary.
(7)
A delegate under subsection (5) is, in the exercise of a power so delegated, subject to the directions (if any) of the Secretary.
(8)
A delegation under subsection (5) does not prevent the exercise of a power by the Secretary.
(9)
The Chief Executive Medicare may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Chief Executive Medicare, delegate to a person all or any of the Chief Executive Medicare’s powers under this Act, the regulations or another legislative instrument under this Act, other than this power of delegation.
(10)
A power so delegated under subsection (9), when exercised by the delegate, is, for the purposes of this Act, the regulations or another legislative instrument under this Act, taken to have been exercised by the Chief Executive Medicare.
(11)
A delegate under subsection (9) is, in the exercise of a power so delegated, subject to the directions (if any) of the Chief Executive Medicare.
(12)
A delegation under subsection (9) does not prevent the exercise of a power by the Chief Executive Medicare.

6AExternal Territories

This Act extends to Norfolk Island, to the Territory of Cocos (Keeling) Islands and to the Territory of Christmas Island.

7AApplication of the Criminal Code

Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part IINational health services8Interpretation

In this Part, Territory includes an external Territory to which this Act extends.

9Provision of certain medical and dental services

(1)
The Governor‑General may provide, or arrange for the provision of:
(a)
aerial medical and dental services;
(b)
diagnostic and therapeutic services for medical practitioners and hospitals, and for patients of medical practitioners or hospitals;
(c)
teaching, research and advisory services in relation to maternal and child health;
(d)
teaching, research and advisory services for or in relation to the improvement of health or the prevention of disease; and
(e)
anything incidental to a service referred to in paragraph (a), (b), (c) or (d).
(2)
The Minister may disseminate information relating to health or the prevention of disease.

9AProvision of medical and surgical aids and appliances etc. by the Commonwealth

(1)
The Minister may, on behalf of the Commonwealth, arrange for:
(a)
the supply by the Commonwealth of such medical or surgical aids, equipment or appliances as are prescribed to persons who require them;
(b)
the making of any modifications to a building, vehicle or equipment that are necessary for the treatment or rehabilitation of a sick or disabled person.
(2)
Subject to the provisions of an arrangement made under subsection 9C(1), a hearing aid, or any other medical or surgical aid, equipment or appliance of a kind prescribed for the purposes of this subsection, that is supplied under this section remains the property of the Commonwealth notwithstanding any purported disposition or pledging of the aid, equipment or appliance by any person.
(3)
The Minister may impose such conditions as the Minister thinks fit on the use or possession of aids, equipment or appliances supplied, or to be supplied, under subsection (1).
(4)
The regulations may make provision with respect to the supply of aids, equipment or appliances, or the making of modifications, under subsection (1), including provision for offences with respect to the use or possession of aids, equipment or appliances so supplied.

9BProvision of vaccines

(1)
The Minister may provide, or arrange for the provision of:
(a)
designated vaccines; and
(b)
goods or services that are associated with, or incidental to, the provision or administration of designated vaccines.
Designated vaccines
(2)
The Minister may, by legislative instrument, determine that a specified vaccine is a designated vaccine for the purposes of this Act.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(3)
A vaccine may be specified by reference to any or all of the following:
(a)
brand;
(b)
formulation;
(c)
active ingredient;
(d)
strength;
(e)
number and timing of doses in a course of immunisation.
(4)
Subsection (3) does not limit the ways in which a vaccine may be specified.
(5)
In addition to specifying a vaccine, a determination under subsection (2) may specify the circumstances in which the vaccine may be provided.
(6)
If any such circumstances are specified, subsection (1) only authorises the provision of the vaccine in those circumstances.
(7)
A vaccine must not be specified in a determination under subsection (2) unless:
(a)
the Pharmaceutical Benefits Advisory Committee has recommended to the Minister that the vaccine be a designated vaccine; or
(b)
at any time during the 60‑day period ending immediately before the commencement of this subsection, the vaccine was provided under repealed section 9B of this Act.
(8)
Before:
(a)
revoking a determination under subsection (2); or
(b)
varying a determination under subsection (2) in such a way that a vaccine ceases to be a designated vaccine;
the Minister must obtain the written advice of the Pharmaceutical Benefits Advisory Committee in relation to the proposed revocation or variation.
(9)
An advice under subsection (8) is to be tabled in each House of the Parliament with the revocation or variation to which the advice relates.
(10)
This section does not limit the vaccine‑related powers that may be exercised by the Minister under the Biosecurity Act 2015.

9CArrangements with States for provision of surgical aids and appliances etc.

(1)
The Minister may, on behalf of the Commonwealth, enter into an arrangement with a State, a Territory or a body corporate established for a public purpose under a law of a State or Territory for and in relation to:
(a)
the supply of medical or surgical aids, equipment or appliances prescribed for the purposes of paragraph 9A(1)(a) to persons who require them; and
(b)
the making of any modifications to a building, vehicle or equipment that are necessary for the treatment or rehabilitation of a sick or disabled person.
(2)
Without limiting the generality of subsection (1), an arrangement entered into under that subsection with a State, a Territory or a body corporate may provide for:
(a)
the payment by the Commonwealth of amounts to the State, Territory or body corporate, as the case may be, in connection with the carrying out of the arrangement; and
(b)
the transfer to the State, Territory or body corporate, as the case may be, of medical or surgical aids, equipment or appliances owned by the Commonwealth.
(4)
An arrangement entered into under subsection (1) may be expressed to have taken effect from a day earlier than the day on which the arrangement was entered into.

10Arrangements with other Ministers

The Minister may make an arrangement with any other Minister for the performance by that other Minister of a service in connexion with a service, matter or thing for which provision is made by or under this Part.

11Arrangements with States

(1)
The Governor‑General may enter into an arrangement with the Governor of a State or the Administrator of a Territory for the performance by that State or Territory of a service in connexion with a service, matter or thing for which provision is made by or under this Part.
(2)
An arrangement entered into under this section may provide for payments by the Commonwealth to the State or Territory in respect of capital expenditure or maintenance expenditure incurred by the State or Territory at the request of the Commonwealth in connexion with the service performed by the State or Territory.
(3)
Any arrangement entered into under this section which provides for payments by the Commonwealth to a State or Territory in respect of expenditure referred to in subsection (2) shall provide for information to be supplied to the Minister by such persons, at such times and in such manner and form as the Minister requires.
(4)
An arrangement entered into under this section shall provide:
(a)
that property the cost of which, or part of the cost of which, has been paid by the Commonwealth to the State or Territory under the arrangement shall not, except with the approval of the Minister, be used otherwise than for the purpose for which the property was acquired; and
(b)
for the indemnification of the Commonwealth:
(i)
in the event of the acquisition by the Commonwealth of property the cost of which has been paid by the Commonwealth to the State or Territory under the arrangement—against payment by way of compensation for the acquisition of that property; and
(ii)
in the event of the acquisition by the Commonwealth of property the cost of which was paid in part by the Commonwealth to the State or Territory under the arrangement—against payment by way of compensation proportionate to the cost so paid.

Part IIIContinence Aids Payment Scheme12Continence Aids Payment Scheme

(1)
The Minister may, by legislative instrument, formulate a Continence Aids Payment Scheme, under which the Commonwealth makes payments as a contribution towards the cost of buying products that help manage incontinence.
(2)
A person who satisfies the eligibility criteria that are stated in the legislative instrument is eligible to participate in the scheme.
(3)
Without limiting subsection (1), the legislative instrument may provide for:
(a)
applications by persons who want to participate in the scheme; and
(b)
the conditions that must be complied with in order for a person to participate in the scheme; and
(c)
the amount of the contribution that is payable in each financial year in relation to a person who is participating in the scheme; and
(d)
investigations to be conducted in order to ensure that persons who are participating in the scheme are eligible to do so; and
(e)
the functions and powers of the Chief Executive Medicare in relation to the scheme.
(4)
Without limiting subsection (1), the legislative instrument may provide that applications may be made to the Administrative Review Tribunal for review of decisions made in the exercise of powers conferred by the instrument.
(5)
Subsections 14(5) and 15(5) do not, by implication, limit subsection (4) of this section.

13Secretary or Chief Executive Medicare may request information

(1)
This section applies if the Secretary or Chief Executive Medicare (the official) believes, on reasonable grounds, that a person is capable of giving information that is relevant to deciding:
(a)
whether a contribution is payable to a person under the Continence Aids Payment Scheme; or
(b)
the amount of a contribution that is payable to a person under the Continence Aids Payment Scheme.
(2)
The official may request the person to give the information to the official.
(3)
The request:
(a)
must be made in writing; and
(b)
must state what information must be given to the official; and
(c)
may require the information to be verified by statutory declaration; and
(d)
must specify a day on or before which the information must be given, which day must be at least 28 days after the day on which the request is made; and
(e)
must contain a statement to the effect that a failure to comply with the request is an offence.
(4)
The person commits an offence if the person fails to comply with the request.
Penalty: 30 penalty units.
(5)
However, an individual is excused from complying with the request if the giving of the information might tend to:
(a)
incriminate the individual; or
(b)
expose the individual to a penalty.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code.

(6)
An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

14Reviewing decision whether applicant is eligible for the scheme

(1)
This section applies if the Chief Executive Medicare decides that a person who has applied to participate in the scheme is not eligible to participate in the scheme.
(2)
The Chief Executive Medicare must give the person a signed notice that states:
(a)
the decision; and
(b)
the day when the decision has effect; and
(c)
the reasons for the decision; and
(d)
that, within 28 days after receiving the notice, the person may apply to the Chief Executive Medicare for a review of the decision; and
(e)
how the person may apply for the review.
(3)
A person who is aggrieved by the Chief Executive Medicare’s decision may apply for a review of the decision in the way stated in the legislative instrument that sets out the scheme.
(4)
If an application is made under subsection (3), the Chief Executive Medicare must review the decision and give the person a signed notice that states:
(a)
the decision; and
(b)
the day when the decision has effect; and
(c)
if the decision is that the person is not eligible to participate in the scheme:
(i)
the reasons for the decision; and
(ii)
that the person may apply to the Administrative Review Tribunal for a review of the Chief Executive Medicare’s decision.
(5)
An application may be made to the Administrative Review Tribunal for the review of the Chief Executive Medicare’s decision mentioned in subsection (4).

15Reviewing decision whether participant is eligible for the scheme

(1)
This section applies if the Chief Executive Medicare decides that a person who is participating in the scheme is not eligible to participate in the scheme.
(2)
The Chief Executive Medicare must give the person a signed notice that states:
(a)
the decision; and
(b)
the day when the decision has effect; and
(c)
the reasons for the decision; and
(d)
that, within 28 days after receiving the notice, the person may apply to the Chief Executive Medicare for a review of the decision; and
(e)
how the person may apply for the review.
(3)
A person who is aggrieved by the Chief Executive Medicare’s decision may apply for a review of the decision in the way stated in the legislative instrument that sets out the scheme.
(4)
If an application is made under subsection (3), the Chief Executive Medicare must review the decision and give the person a signed notice that states:
(a)
the decision; and
(b)
the day when the decision has effect; and
(c)
if the decision is that the person is not eligible to participate in the scheme:
(i)
the reasons for the decision; and
(ii)
that the person may apply to the Administrative Review Tribunal for a review of the Chief Executive Medicare’s decision.
(5)
An application may be made to the Administrative Review Tribunal for the review of the Chief Executive Medicare’s decision mentioned in subsection (4).

Part VIIPharmaceutical benefitsDivision 1Preliminary83ZRepeal and saving

(1)
The Pharmaceutical Benefits Act 1947, the Pharmaceutical Benefits Act 1949, the Pharmaceutical Benefits Act (No. 2) 1949 and the Pharmaceutical Benefits Act 1952 are repealed.
(2)
The National Health (Medicines for Pensioners) Regulations made under the National Health Service Act 1948–1949 are repealed.
(3)
Notwithstanding the repeal effected by subsection (1):
(a)
where immediately before the commencement of this Part, a person or body was under the Pharmaceutical Benefits Act 1947–1952:
(i)
an approved pharmaceutical chemist approved in respect of one or more premises;
(ii)
an approved medical practitioner approved in respect of an area; or
(iii)
an approved hospital authority approved in respect of one or more hospitals;
that person or body shall be deemed to be an approved pharmacist in respect of those premises, an approved medical practitioner in respect of that area or an approved hospital authority in respect of that hospital or those hospitals under section 90, 92 or 94, as the case requires, and the provisions of this Act apply to and in relation to that person or body accordingly; and
(b)
a special arrangement made in pursuance of section 15 of the Pharmaceutical Benefits Act 1947–1952 which was in force immediately before the commencement of this Part shall continue in force as if made in pursuance of section 100.
(4)
The reference in subparagraph (3)(a)(i) to an approved pharmaceutical chemist includes a reference to a person who:
(a)
owned, or was about to own, a business for the supply of pharmaceutical benefits at or from particular premises; and
(b)
was purportedly approved under the Pharmaceutical Benefits Act 1947–1952 as an approved pharmaceutical chemist.

84Interpretation

(1)
In this Part, unless the contrary intention appears:
12.5% price reduction: see subsection 99ACA(2).
16% price reduction: see subsection 99ACA(2A).
25% price reduction: see subsection 99ACA(2B).
ACSS eligible supply (short for additional community supply support payment eligible supply): a supply of a pharmaceutical benefit is an ACSS eligible supply if the supply is of a kind determined under subparagraph 98B(1)(b)(i).
ACSS payment (short for additional community supply support payment), for an ACSS eligible supply, means the amount for that supply determined under, or worked out in the manner determined under, subparagraph 98B(1)(b)(ii).
additional member means an additional member of the Tribunal.
agreed price means the amount in force under a price agreement.
allowable discount, for a supply of a pharmaceutical benefit, has the meaning given by subsection 87(2AAAA).
applicable amount has the meaning given by subsection 84BA(4).
approved ex‑manufacturer price of a listed brand of a pharmaceutical item means:
(a)
if a price agreement is in force in relation to the brand of the pharmaceutical item—the amount in force under the agreement as the amount that is, for the purposes of this Part, taken to be the appropriate maximum price of the brand of the pharmaceutical item; or
(b)
if a price determination is in force in relation to the brand of the pharmaceutical item—the amount in force under the determination as the amount that is, for the purposes of this Part, taken to be the appropriate maximum price of the brand of the pharmaceutical item.
Note: See also section 85BA (effect of deemed reductions of, or increases to, the approved ex‑manufacturer price).
approved hospital authority means a hospital authority for the time being approved, or deemed to be approved, under section 94.
approved medical practitioner means a medical practitioner for the time being approved, or deemed to be approved, under section 92.
approved pharmacist means a person for the time being approved under section 90 and includes:
(a)
a person treated as having been so approved under any provision of a law of the Commonwealth other than section 91 or 91B; and
(b)
except so far as subsection 90(3) is concerned—a person treated as having been so approved under section 91 or 91B.
approved supplier means an approved pharmacist, an approved medical practitioner or an approved hospital authority.
authorised midwife means an eligible midwife in relation to whom an approval is in force under section 84AAF.
authorised nurse practitioner means an eligible nurse practitioner in relation to whom an approval is in force under section 84AAJ.
authorised optometrist means an optometrist in relation to whom an approval is in force under section 84AAB.
Authority means the Australian Community Pharmacy Authority established under section 99J.
brand of a pharmaceutical item means:
(a)
the trade name under which the person who is or will be the responsible person supplies the pharmaceutical item; or
(b)
if there is no trade name—the name of the person who is or will be the responsible person.
Chairperson means the Chairperson of the Tribunal.
child, in relation to a member of a friendly society, means:
(a)
a child under the age of 16 years of that member; or
(b)
a child of that member who:
(i)
has attained the age of 16 years;
(ii)
is receiving full‑time education at a school, college or university;
(iii)
is wholly or substantially dependent on that member or on the spouse of that member; and
(iv)
is a person who is to be treated as a child of that member in accordance with the rules of the friendly society.
Note: See also subsection (3B).
claimed price means the amount specified in a determination in force under subsection 85B(3).
co‑marketed brands has the meaning given by section 84AE.
combination item means a pharmaceutical item that has a drug that contains at least 2 other drugs or medicinal preparations, at least one of which is a listed drug.
combination item has a drug: see subsection 84ABA(2).
Commonwealth officer means:
(a)
the Governor‑General; or
Note: See also section 16A of the Acts Interpretation Act 1901.
(b)
a Minister; or
(c)
a member of the Parliament of the Commonwealth; or
(e)
a person who is in the employment of the Commonwealth; or
(f)
a person who holds or performs the duties of any office or position established by or under a law of the Commonwealth; or
(g)
a member of the Australian Defence Force; or
(h)
the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee, a special member or a special protective service officer (all within the meaning of the Australian Federal Police Act 1979).
Commonwealth price means:
(a)
in relation to a pharmaceutical benefit supplied by an approved pharmacist—the Commonwealth price for the particular quantity or number of units of the pharmaceutical benefit worked out in accordance with a determination in force under paragraph 98B(1)(a); or
(b)
in relation to a pharmaceutical benefit supplied by an approved medical practitioner—the Commonwealth price for the particular quantity or number of units of the pharmaceutical benefit worked out in accordance with a determination in force under subsection 98C(1); or
(c)
in relation to a pharmaceutical benefit supplied by an approved hospital authority to a patient receiving treatment in or at a hospital in respect of which the authority is approved—the amount of the payment to which the authority is entitled under subsection 99(4) in respect of the supply of the particular quantity or number of units of the pharmaceutical benefit.
communicated, in relation to a prescription, means communicated directly or indirectly.
communicated prescription means a prescription that is communicated to an approved pharmacist in the circumstances and manner set out in regulations made for the purposes of paragraph 89(a).
concessional beneficiary means:
(a)
a person who is the holder of a pensioner concession card, a seniors health card or a health care card under the Social Security Act 1991; or
(b)
a person (other than the holder of the card) whose name is included in a card referred to in paragraph (a); or
(c)
a person:
(i)
who is an Australian resident within the meaning of the Health Insurance Act 1973; and
(ii)
who is eligible for fringe benefits under section 53A of the Veterans’ Entitlements Act 1986; or
(d)
a person who is:
(i)
an Australian resident within the meaning of the Health Insurance Act 1973; and
(ii)
eligible, under subsection 86(1), (2) or (3) of the Veterans’ Entitlements Act 1986, to be provided with treatment under Part V of the last‑mentioned Act; or
(da)
a person who is:
(i)
an Australian resident within the meaning of the Health Insurance Act 1973; and
(ii)
entitled to treatment under section 284 of the Military Rehabilitation and Compensation Act 2004; or
(e)
a person who is:
(i)
an Australian resident within the meaning of the Health Insurance Act 1973; and
(ii)
the holder of a seniors health card within the meaning of the Veterans’ Entitlements Act 1986.
Note: See also subsection (3C) (effect of a person’s death on status as a concessional beneficiary).
concessional benefit prescription means a prescription that, in accordance with section 84AA, is a prescription in respect of a concessional beneficiary or of a person who, in relation to the concessional beneficiary, is a dependant within the meaning of subsection (4) or (7).
concession card means a safety net concession card issued under section 84DA and includes an additional concession card, or a replacement concession card, issued under section 84H.
concession 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 a concession card.
CTS claim means a claim made to the Chief Executive Medicare using the procedures of the Claims Transmission System provided for in section 99AAA.
dependant has the meaning given by subsections (4) and (7).
Note: See also subsection (7A) (effect of a person’s death on status as a dependant of a concessional beneficiary).
determined price means the amount specified in a determination in force under subsection 85B(2).
determined quantity of a listed brand of a pharmaceutical item: see subsection 84AK(3).
drug in a combination item means the drug referred to in paragraph 84AB(a) in the application of that paragraph to the pharmaceutical item that is the combination item.
drug in a pharmaceutical item means the drug referred to in paragraph 84AB(a) in the application of that paragraph to the pharmaceutical item.
drug is on F1 has the meaning given by section 84AC.
drug is on F2 has the meaning given by section 84AC.
early supply of a specified pharmaceutical benefit has the meaning given by subsection 84AAA(1).
eligible for increased discounting: see section 87AA.
eligible midwife has the meaning given by section 84AAE.
eligible nurse practitioner has the meaning given by section 84AAI.
entitlement card means a pharmaceutical benefits entitlement card issued under section 84E and includes an additional entitlement card, or a replacement entitlement card, issued under 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.
exempt item means a pharmaceutical item determined by the Minister under section 84AH to be an exempt item.
expiry date, in relation to a medicare number, means:
(a)
if the number is recorded on a medicare card that specifies a particular date on which the card expires—that date; and
(b)
if the number is recorded on a medicare card that does not specify a particular date on which the card expires but that has recorded on it the month at the end of which the card expires—the last day of that month; and
(c)
if the number is not of a kind referred to in paragraph (a) or (b)—such date as the Minister specifies, in writing, in respect of the number.
friendly society body means a body (whether corporate or unincorporate) carrying on business for the benefit of members of a friendly society or friendly societies.
general benefit prescription means a prescription other than:
(b)
a concessional benefit prescription; or
(c)
an entitlement card prescription; or
(d)
a concession card prescription.
general patient means a person who is an eligible person within the meaning of the Health Insurance Act 1973, but who is not a concessional beneficiary.
general patient charge amount means $30.00.

Note: The figure in this definition is adjusted annually under section 99G.
hospital means premises in which patients are received and lodged for the purpose of hospital treatment.
hospital authority means the governing body of a public hospital or the proprietor of a private hospital.
listed brand of a pharmaceutical item means a brand of the pharmaceutical item in relation to which a determination under subsection 85(6) is in force.
listed drug means a drug or medicinal preparation in relation to which a declaration under subsection 85(2) is in force.
medicare card means:
(a)
a card issued by the Chief Executive Medicare and commonly known as a medicare card; or
(b)
a card or written authorisation provided to a person that evidences a person’s eligibility for pharmaceutical benefits under:
(i)
the scheme known as the Repatriation Pharmaceutical Benefits Scheme established under the Veterans’ Entitlements Act 1986; or
(ii)
a scheme that applies under section 18 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or
(iii)
a scheme that applies under section 20 of the Treatment Benefits (Special Access) Act 2019; or
(c)
any other card that is prescribed for the purposes of this definition.
medicare number means:
(a)
in relation to a particular person covered by a medicare card—the particular combination of numbers, or letters and numbers, on the card that is applicable only to that person as a person covered by that card; and
(b)
in relation to a person who the Chief Executive Medicare is satisfied is, or is entitled to be treated as, an eligible person within the meaning of the Health Insurance Act 1973 but who is not covered by a medicare card—the particular combination of numbers, or letters and numbers, that would be applicable to that person if that person were covered by a medicare card.
member means a member of the Tribunal, and includes the Chairperson.
nurse practitioner treatment, in relation to a nurse practitioner, means treatment that the nurse practitioner is authorised (however described) to provide under a law of a State or an internal Territory.
optometrist means a person registered or licensed as an optometrist or optician under a law of a State or an internal Territory that provides for the registration or licensing of optometrists or opticians.
out‑patient medication means a drug or medicinal preparation supplied through the out‑patient department of a public hospital.
pack quantity of a listed brand of a pharmaceutical item: see subsection 84AK(2).
participating dental practitioner means a dental practitioner in relation to whom an approval is in force under section 84A.
PBS prescriber means:
(a)
a medical practitioner; or
(b)
a participating dental practitioner; or
(c)
an authorised optometrist; or
(d)
an authorised midwife; or
(e)
an authorised nurse practitioner.
pharmaceutical benefit means the following:
(a)
if a declaration under subsection 85(2) is in force in relation to a drug or medicinal preparation (the drug) and paragraph (b), (c) and (d) do not apply—the drug;
(b)
if a determination under subsection 85(3) is in force in relation to a form of the drug and paragraph (c) and (d) do not apply—the drug in that form;
(c)
if a determination under subsection 85(5) is in force in relation to a manner of administration of that form of the drug and paragraph (d) does not apply—the drug in that form with that manner of administration;
(d)
if a determination under subsection 85(6) is in force in relation to a brand of a pharmaceutical item that is the drug in that form with that manner of administration—that brand of the drug in that form with that manner of administration.
pharmaceutical benefit has a drug: see subsection 84ABA(3).
pharmaceutical item has the meaning given by section 84AB.
pharmaceutical item has a drug: see subsection 84ABA(1).
prescriber bag provisions means the following:
(a)
section 93 (supplies by medical practitioners);
(b)
section 93AA (supplies by authorised midwives);
(c)
section 93AB (supplies by authorised nurse practitioners).
price agreement means an agreement under section 85AD.
price determination means a determination under subsection 85B(2).
pricing quantity of a listed brand of a pharmaceutical item: see subsection 84AK(1).
proportional ex‑manufacturer price of a listed brand of a pharmaceutical item: see section 85D.
record form means a pharmaceutical benefits prescription record form, or an out‑patient medication prescription record form, issued under section 84D.
refund agreement means an agreement or arrangement under which a payment may be made by or at the direction of a person to another person in the event of the other person being charged an amount in respect of the supply of a pharmaceutical benefit.
relevant entitlement period means:

(a)
in the application of this Part before 1 January 1992:
(i)
in relation to a pensioner—the period commencing on 1 November 1990 and ending on 31 December 1991; or
(ii)
in relation to any other person—the year commencing on 1 January 1990 or 1 January 1991; or
(b)
in the application of this Part on or after 1 January 1992:
(i)
the year commencing on 1 January 1992; or
(ii)
a succeeding year.
relevant price: see subsection 99ACF(5).
repatriation pharmaceutical benefit means a pharmaceutical benefit within the meaning of:
(a)
section 91 of the Veterans’ Entitlements Act 1986; or
(b)
subsection 4(1) of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or
(c)
subsection 5(1) of the Treatment Benefits (Special Access) Act 2019.
responsible person for a brand of a pharmaceutical item means the person determined by the Minister under section 84AF to be the responsible person for the brand of the pharmaceutical item.
Schedule equivalent has the meaning given by section 84AJ.
special number, in relation to a particular person who is included within a class of persons identified by the Minister in a determination under subsection 86E(1)—the particular combination of numbers, or letters and numbers, allocated in accordance with a procedure set out in that determination, that is applicable to that person as a person included in that class.
special patient contribution has the meaning given by subsection 85B(5).
State or Territory officer means:
(a)
the Governor of a State; or
Note: See also section 16B of the Acts Interpretation Act 1901.
(b)
the Administrator, an Acting Administrator, or a Deputy Administrator, of the Northern Territory; or
(c)
a Minister of a State, a Minister for the Australian Capital Territory or a Minister of the Northern Territory; or
(d)
a member of the Parliament of a State, a member of the Legislative Assembly for the Australian Capital Territory or a member of the Legislative Assembly of the Northern Territory; or
(e)
a person who is in the employment of a State or Territory; or
(f)
a person who holds or performs the duties of any office or position established by or under a law of a State or Territory; or
(g)
a member of the police force or police service of a State or Territory.
Territory includes an external Territory to which this Act extends.
therapeutic group means a therapeutic group determined by the Minister under section 84AG.
Tribunal means the Pharmaceutical Benefits Remuneration Tribunal established by section 98A.
value for safety net purposes means:
(a)
for the supply of a pharmaceutical benefit—the amount prescribed by regulations made for the purposes of subsection 84C(1E); and
(b)
for the supply of a repatriation benefit—the amount charged for the supply; and
(c)
for the supply of out‑patient medication—the applicable amount in relation to the supply.
(1A)
Where a refund agreement was entered into before 24 April 1964, and, on or after that date:
(a)
the agreement was or is renewed on or before the date on which it would, but for that renewal, have expired;
(b)
the period of operation of the agreement was or is extended on or before the date on which it would, but for that extension, have expired; or
(c)
the rights and obligations under the agreement of the party by or at whose direction payments may be made under the agreement were or are transferred to another person;
the renewal, extension or transfer shall, for the purposes of this Act, be deemed not to have been or to be an entering into a new agreement.
(1B)
If:
(a)
a prescription directs a repeated supply of a pharmaceutical benefit (the specified benefit); and
(b)
another pharmaceutical benefit (the supplied benefit) is supplied, on the repeated supply, in accordance with subsection 103(2A);
then, for the purposes of determining whether a repeated supply of the specified benefit has occurred, the supplied benefit is taken to be the repeated supply, upon the prescription, of the specified benefit.
(2)
In this Part, a reference to the supply, obtaining or receipt of a pharmaceutical benefit shall, unless the contrary intention appears, be read as a reference to the supply, obtaining or receipt of that pharmaceutical benefit under this Part.
(2A)
A reference in this Part to a prescription for the supply of a pharmaceutical benefit to a person who is a holder of a concession card or 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 a concession card or an entitlement card.
(3)
If the Minister so determines, the Minister of State of a State administering the laws of that State relating to public hospitals shall, for the purposes of this Part, be deemed to be the governing body of the public hospitals in that State.
(3A)
A reference in this Part to the governing body, in relation to a public hospital in the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island, shall be read as a reference to the Administrator of the relevant Territory.
(3AA)
A reference in this Part to the governing body, in relation to a public hospital on Norfolk Island, is a reference to the person or body specified in the regulations.
(3B)
A reference in the definition of child in subsection (1) to a child of a member includes a reference to:
(a)
an adoptive child or a stepchild of the person; and
(b)
someone who would be the stepchild of the person except that the person is not legally married to the person’s de facto partner; and
(c)
someone who is a child of the person within the meaning of the Family Law Act 1975.
(3C)
If a person would have been a concessional beneficiary at a particular time on a day except that the person died on that day then, despite that death, the person is taken still to be a concessional beneficiary at that time (whether that time is before or after the time of death).
(4)
A dependant, in relation to a person to whom paragraph (c) or (d) of the definition ofconcessional beneficiaryapplies, is a person who is an Australian resident within the meaning of the Health Insurance Act 1973 and:
(a)
the spouse of the person; or
(b)
a child under the age of 16 years who is in the custody, care and control of the person or the spouse of the person; or
(c)
a person who:
(i)
has attained the age of 16 years but is under the age of 25 years; and
(ii)
is receiving full time education at a school, college or university; and
(iii)
is not being paid a disability support pension under the Social Security Act 1991; and
(iv)
is wholly or substantially dependent on the person or on the spouse of the person.
(7)
For the purposes of this Part, if:
(a)
paragraph (e) of the definition ofconcessional beneficiary applies to a person (the seniors health card holder); and
(b)
no other paragraph of the definition ofconcessional beneficiary applies to the seniors health card holder;
a person who, apart from this subsection, would be a dependant of the seniors health card holder is taken not to be a dependant of the seniors health card holder.
Note: A person who is the holder of a seniors health card within the meaning of the Veterans’ Entitlements Act 1986 is a person to whom paragraph (e) of the definition of concessional beneficiary applies.
(7A)
If a person (the relevant person) would have been a dependant of a concessional beneficiary at a particular time on a day except that:
(a)
the relevant person died on that day; or
(b)
the concessional beneficiary died on that day;
then, despite that death, the relevant person is taken still to be a dependant of a concessional beneficiary at that time (whether that time is before or after the time of death).
(8)
A reference in this Part to the provision to a person or body of a medicare number as a number applicable to a particular individual is a reference to:
(a)
the production to that person or body of a medicare card having on it a medicare number as a number applicable to that particular individual; or
(b)
the provision to that person or body of any other information, whether documentary or oral, that indicates a medicare number as a number applicable to that particular individual.
(9)
A reference in this Part to the provision to a person or body of the expiry date in relation to a medicare number provided as a number applicable to a particular individual is a reference to:
(a)
the production to the person or body of a medicare card that indicates the expiry date in relation to that medicare number; or
(b)
the provision to the person or body of any other information, whether documentary or oral, that indicates the expiry date in relation to that medicare number.
(10)
A reference in this Part to a medicare number, or a special number, ultimately supplied to the Chief Executive Medicare in relation to a prescription, is a reference to:
(a)
if the number is not inserted in a CTS claim relating to that prescription—the number in the form in which it appears on the prescription (or in the case of a communicated prescription, the written version of the prescription), at the time when the prescription is sent to the Chief Executive Medicare by an approved supplier with a claim for payment; or
(b)
if that number is inserted in a CTS claim relating to the prescription—the number so inserted.

84AAAEarly supply of a specified pharmaceutical benefit

(1)
A supply of a pharmaceutical benefit to a person is an early supply of a specified pharmaceutical benefit if:
(a)
the pharmaceutical item in the pharmaceutical benefit is specified in an instrument under subsection (2); and
(b)
the supply of the pharmaceutical benefit is made within the period specified in an instrument under subsection (2) following a previous supply to the person of:
(i)
the pharmaceutical benefit; or
(ii)
another pharmaceutical benefit that has the same pharmaceutical item as the pharmaceutical benefit; or
(iii)
another pharmaceutical benefit that is Schedule equivalent to the pharmaceutical benefit; and
(c)
the supply does not result from a prescription originating from a hospital.
Note: For hospital see subsection 4(1).
(2)
The Minister may, by legislative instrument, specify:
(a)
pharmaceutical items for the purposes of paragraph (1)(a); and
(b)
periods following previous supply for the purposes of paragraph (1)(b).
(3)
A pharmaceutical item may be specified in an instrument under subsection (2) by reference to:
(a)
the circumstances in which a pharmaceutical benefit that has the pharmaceutical item is supplied; or
(b)
any other circumstances in relation to a pharmaceutical benefit that has the pharmaceutical item.
(4)
In this section, a reference to a pharmaceutical benefit includes a reference to a repatriation pharmaceutical benefit.

84AAConcessional benefit prescriptions, concession card prescriptions and entitlement card prescriptions

(1)
A prescription that is written by a PBS prescriber in accordance with the Act and the regulations shall not be taken, for the purposes of this Part, to be a prescription in respect of a concessional beneficiary or a person who, in relation to a concessional beneficiary, is a dependant of the beneficiary within the meaning of subsection 84(4) or (7) 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 subsection, such information relating to the status of the person to whom the prescription relates as such a concessional beneficiary or dependant as is prescribed by those last‑mentioned regulations in relation to persons having that status.
(1A)
A prescription that is written by a PBS prescriber 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 a concession card or 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 a manner as is prescribed by regulations made for the purposes of this subsection, such information relating to the status of the person to whom the prescription relates as a holder of a concession card or an entitlement card as is prescribed by those last‑mentioned regulations.
(2)
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 in respect of a concessional beneficiary or a person who, in relation to a concessional beneficiary, is a dependant of the beneficiary within the meaning of subsection 84(4) or (7) unless, before supply of the pharmaceutical 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 subsection, such information relating to the status of the person to whom the prescription relates as such a concessional beneficiary or dependant as is prescribed by those last‑mentioned regulations in relation to persons having that status.
(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 a concession card or 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 subsection, such information relating to the status of the person to whom the prescription relates as a holder of a concession card or an entitlement card as is prescribed by those last‑mentioned regulations.
(4)
Nothing in subsection (1), (1A), (2) or (3) shall be read as derogating from subsection 87(3A).

84AParticipating dental practitioners

(1)
A dental practitioner may give to the Secretary a notification, in writing, that the dental practitioner wishes to become a participating dental practitioner for the purposes of this Part.
(2)
Where the Secretary receives a notification under subsection (1), the Secretary shall, by writing signed by the Secretary, approve the dental practitioner concerned as a participating dental practitioner for the purposes of this Part.
(3)
The Secretary shall notify the dental practitioner concerned of the dental practitioner’s approval under this section.

84AABAuthorised optometrists

(1)
An optometrist may apply to the Secretary, in writing, to be an authorised optometrist for the purposes of this Part.
(2)
The Secretary may approve the application if satisfied that the optometrist meets the criteria determined under paragraph (3)(a). The approval is subject to any conditions determined under paragraph (3)(b).
(3)
The Minister may, by legislative instrument, determine either or both of the following:
(a)
criteria by which applications are to be considered under this section;
(b)
conditions to which approvals under this section are subject.
(4)
The Secretary must, as soon as is practicable, approve or reject an application under subsection (1) and notify the applicant in writing of the decision.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.

84AACSecretary may suspend or revoke approval of authorised optometrist

(1)
The Secretary may suspend or revoke an approval under section 84AAB if satisfied that the optometrist to whom the approval relates:
(a)
does not, at the time of the suspension or revocation, meet the criteria that would apply if the optometrist were to apply under subsection 84AAB(1) to be an authorised optometrist at that time; or
(b)
has breached a condition to which the approval is subject under paragraph 84AAB(3)(b); or
(c)
has breached a condition to which an approval would be subject under paragraph 84AAB(3)(b) if the person were to apply under subsection 84AAB(1) to be an authorised optometrist at that time.
(2)
Before deciding to suspend or revoke the approval, the Secretary must notify the optometrist that suspension or revocation is being considered. The notice must:
(a)
be in writing; and
(b)
include the Secretary’s reasons for considering the suspension or revocation; and
(c)
invite the optometrist to make written submission to the Secretary within the period of 28 days (the submission period) after being given the notice.
(3)
In deciding whether to suspend or revoke the approval, the Secretary must consider any written submissions made by the optometrist during the submission period.
(4)
The Secretary must give to the optometrist written notice of the decision. If the decision is to suspend an approval, the notice must specify the period for which the approval is suspended.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.
(5)
If the Secretary does not give the optometrist written notice of the decision within the period of 60 days after the end of the submission period, the Secretary is taken to have decided not to suspend or revoke the approval.
(6)
If the Secretary suspends the approval, the Secretary may, by written notice at any time, further suspend or revoke the approval under subsection (1) or remove the suspension.

84AADReview of decisions relating to authorised optometrists

(1)
If the Secretary:
(a)
decides not to approve an optometrist under section 84AAB; or
(b)
suspends or revokes the approval of an optometrist under section 84AAC;
the optometrist may apply, in writing, to the Secretary for reconsideration by the Secretary of the decision.
(2)
On receiving an application under subsection (1) relating to a decision not to approve an optometrist under section 84AAB, the Secretary must reconsider the decision and:
(a)
affirm the decision; or
(b)
approve the optometrist.
An approval under paragraph (b) is taken, for the purposes of this Act, to be an approval under section 84AAB.
(3)
On receiving an application under subsection (1) relating to a suspension or revocation of the approval of an optometrist under section 84AAC, the Secretary must reconsider the decision and:
(a)
affirm the suspension or revocation; or
(b)
reinstate the approval of the optometrist.
A reinstatement under paragraph (b) has effect as if the approval had never been revoked.
(4)
The Secretary must give to the applicant written notice of the Secretary’s decision under subsection (2) or (3).
Note: Sections 105AC of this Act and 266 of the Administrative Review Tribunal Act 2024 require the person to be notified of the person’s review rights.
(5)
In this section:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.

84AAEMeaning of eligible midwife

(1)
For the purposes of this Part, a person is an eligible midwife if the person:
(a)
is a midwife; and
(b)
meets the requirements set out in a determination made under subsection (3).
(2)
However, if there is no determination in force under subsection (3), a person cannot be an eligible midwife for the purposes of this Part.
(3)
The Minister may, by legislative instrument, determine one or more requirements that a specified person must meet in order to be an eligible midwife for the purposes of this Part.
(4)
The requirements that may be determined under subsection (3), include (but are not limited to) one or more of the following:
(a)
a requirement to hold particular qualifications in midwifery;
(b)
a requirement to have particular experience in midwifery;
(c)
a requirement to be credentialled by a particular body.

84AAFAuthorised midwives

(1)
An eligible midwife may apply to the Secretary, in writing, to be an authorised midwife for the purposes of this Part.

(2)
The Secretary may approve the application if satisfied that the eligible midwife meets the criteria determined under paragraph (3)(a). The approval is subject to any conditions determined under paragraph (3)(b).
(3)
The Minister may, by legislative instrument, determine either or both of the following:
(a)
criteria by which applications are to be considered under this section;
(b)
conditions to which approvals under this section are subject.
(4)
The Secretary must, as soon as is practicable, approve or reject an application under subsection (1) and notify the applicant in writing of the decision.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.

84AAGSecretary may suspend or revoke approval of authorised midwife

(1)
The Secretary may suspend or revoke an approval under section 84AAF if satisfied that the person to whom the approval relates:
(a)
is not, at the time of the suspension or revocation, an eligible midwife; or
(b)
does not, at the time of the suspension or revocation, meet the criteria that would apply if the person were to apply under subsection 84AAF(1) to be an authorised midwife at that time; or
(c)
has breached a condition to which the approval is subject under paragraph 84AAF(3)(b); or
(d)
has breached a condition to which an approval would be subject under paragraph 84AAF(3)(b) if the person were to apply under subsection 84AAF(1) to be an authorised midwife at that time.
(2)
Before deciding to suspend or revoke the approval, the Secretary must notify the person that suspension or revocation is being considered. The notice must:
(a)
be in writing; and
(b)
include the Secretary’s reasons for considering the suspension or revocation; and
(c)
invite the person to make written submissions to the Secretary within the period of 28 days (the submission period) after being given the notice.
(3)
In deciding whether to suspend or revoke the approval, the Secretary must consider any written submissions made by the person during the submission period.
(4)
The Secretary must give to the person written notice of the decision. If the decision is to suspend an approval, the notice must specify the period for which the approval is suspended.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.
(5)
If the Secretary does not give the person written notice of the decision within the period of 60 days after the end of the submission period, the Secretary is taken to have decided not to suspend or revoke the approval.
(6)
If the Secretary suspends the approval, the Secretary may, by written notice at any time, further suspend or revoke the approval under subsection (1) or remove the suspension.

84AAHReview of decisions relating to authorised midwives

(1)
If the Secretary:
(a)
decides not to approve an eligible midwife under section 84AAF; or
(b)
suspends or revokes an approval under section 84AAG;
the person to whom the approval relates may apply, in writing, to the Secretary for reconsideration by the Secretary of the decision.
(2)
On receiving an application under subsection (1) relating to a decision not to approve an eligible midwife under section 84AAF, the Secretary must reconsider the decision and:
(a)
affirm the decision; or
(b)
approve the eligible midwife.
An approval under paragraph (b) is taken, for the purposes of this Act, to be an approval under section 84AAF.
(3)
On receiving an application under subsection (1) relating to a suspension or revocation of an approval under section 84AAG, the Secretary must reconsider the decision and:
(a)
affirm the suspension or revocation; or
(b)
reinstate the approval.
A reinstatement under paragraph (b) has effect as if the approval had never been revoked.
(4)
The Secretary must give to the applicant written notice of the Secretary’s decision under subsection (2) or (3).
Note: Sections 105AC of this Act and 266 of the Administrative Review Tribunal Act 2024 require the person to be notified of the person’s review rights.
(5)
In this section:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.

84AAIMeaning of eligible nurse practitioner

(1)
For the purposes of this Part, a person is an eligible nurse practitioner if the person:
(a)
is a nurse practitioner; and
(b)
meets the requirements (if any) set out in a determination made under subsection (2).
(2)
The Minister may, by legislative instrument, determine one or more requirements that a specified person must meet in order to be an eligible nurse practitioner for the purposes of this Part.

84AAJAuthorised nurse practitioners

(1)
An eligible nurse practitioner may apply to the Secretary, in writing, to be an authorised nurse practitioner for the purposes of this Part.
(2)
The Secretary may approve the application if satisfied that the eligible nurse practitioner meets the criteria determined under paragraph (3)(a). The approval is subject to any conditions determined under paragraph (3)(b).
(3)
The Minister may, by legislative instrument, determine either or both of the following:
(a)
criteria by which applications are to be considered under this section;
(b)
conditions to which approvals under this section are subject.
(4)
The Secretary must, as soon as is practicable, approve or reject an application under subsection (1) and notify the applicant in writing of the decision.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.

84AAKSecretary may suspend or revoke approval of authorised nurse practitioner

(1)
The Secretary may suspend or revoke an approval under section 84AAJ if satisfied that the person to whom the approval relates:
(a)
is not, at the time of the suspension or revocation, an eligible nurse practitioner; or
(b)
does not, at the time of the suspension or revocation, meet the criteria that would apply if the person were to apply under subsection 84AAJ(1) to be an authorised nurse practitioner at that time; or
(c)
has breached a condition to which the approval is subject under paragraph 84AAJ(3)(b); or
(d)
has breached a condition to which an approval would be subject under paragraph 84AAJ(3)(b) if the person were to apply under subsection 84AAJ(1) to be an authorised nurse practitioner at that time.
(2)
Before deciding to suspend or revoke the approval, the Secretary must notify the person that suspension or revocation is being considered. The notice must:
(a)
be in writing; and
(b)
include the Secretary’s reasons for considering the suspension or revocation; and
(c)
invite the person to make written submissions to the Secretary within the period of 28 days (the submission period) after being given the notice.
(3)
In deciding whether to suspend or revoke the approval, the Secretary must consider any written submissions made by the person during the submission period.
(4)
The Secretary must give to the person written notice of the decision. If the decision is to suspend an approval, the notice must specify the period for which the approval is suspended.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.
(5)
If the Secretary does not give the person written notice of the decision within the period of 60 days after the end of the submission period, the Secretary is taken to have decided not to suspend or revoke the approval.
(6)
If the Secretary suspends the approval, the Secretary may, by written notice at any time, further suspend or revoke the approval under subsection (1) or remove the suspension.

84AALReview of decisions relating to authorised nurse practitioners

(1)
If the Secretary:
(a)
decides not to approve an eligible nurse practitioner under section 84AAJ; or
(b)
suspends or revokes an approval under section 84AAK;
the person to whom the approval relates may apply, in writing, to the Secretary for reconsideration by the Secretary of the decision.
(2)
On receiving an application under subsection (1) relating to a decision not to approve an eligible nurse practitioner under section 84AAJ, the Secretary must reconsider the decision and:
(a)
affirm the decision; or
(b)
approve the eligible nurse practitioner.
An approval under paragraph (b) is taken, for the purposes of this Act, to be an approval under section 84AAJ.
(3)
On receiving an application under subsection (1) relating to a suspension or revocation of an approval under section 84AAK, the Secretary must reconsider the decision and:
(a)
affirm the suspension or revocation; or
(b)
reinstate the approval.
A reinstatement under paragraph (b) has effect as if the approval had never been revoked.
(4)
The Secretary must give to the applicant written notice of the Secretary’s decision under subsection (2) or (3).
Note: Sections 105AC of this Act and 266 of the Administrative Review Tribunal Act 2024 require the person to be notified of the person’s review rights.
(5)
In this section:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.

84ABPharmaceutical items

If:
(a)
a declaration under subsection 85(2) is in force in relation to a drug or medicinal preparation (the drug); and
(b)
a determination under subsection 85(3) is in force in relation to a form of the drug; and
(c)
a determination under subsection 85(5) is in force in relation to a manner of administration of that form of the drug;
then the drug in that form with that manner of administration is a pharmaceutical item.

84ABAReferences to pharmaceutical items, combination items or pharmaceutical benefits having a drug

(1)
A reference in this Part to a pharmaceutical item having a drug is a reference to the pharmaceutical item having the drug or medicinal preparation referred to in paragraph 84AB(a) in the application of that paragraph to the pharmaceutical item.
(2)
A reference in this Part to a combination item having a drug is a reference to the combination item having the drug or medicinal preparation referred to in paragraph 84AB(a) in the application of that paragraph to the pharmaceutical item that is the combination item.
(3)
A reference in this Part to a pharmaceutical benefit having a drug is a reference to the pharmaceutical benefit having the drug or medicinal preparation referred to in paragraph (a) of the definition of pharmaceutical benefit in subsection 84(1) in relation to the pharmaceutical benefit.

84ACWhen listed drug is on F1 or F2

F1
(1)
A drug is on F1 if there is a determination in force under section 85AB or 99AEJ that the drug is on F1.
(2)
A drug is on F1 if:
(a)
the regulations prescribe that the drug is on F1; and
(b)
there is not a determination under section 85AB in force that the drug is on F2.
F2
(3)
A drug is on F2 if there is a determination in force under section 85AB that the drug is on F2.
(4)
A drug is on F2 if the regulations prescribe that the drug is on F2.
Regulations
(5)
On the day on which this section commences, the regulations may prescribe that a drug or medicinal preparation that is a listed drug on that day is on F1 or F2.

84AECo‑marketed brands

When co‑marketed brands are to be treated as one brand
(1)
For the purposes of section 85AB, 2 or more brands of a pharmaceutical item that are co‑marketed brands of the pharmaceutical item are to be treated as if they were only one brand of the pharmaceutical item.
Meaning of co‑marketed brands
(2)
2 or more brands of a pharmaceutical item are co‑marketed brands of the pharmaceutical item if:
(a)
a determination is in force under subsection (3) that the brands are co‑marketed brands of the pharmaceutical item; or
(b)
both of the following apply:
(i)
the regulations prescribe under subsection (4) that the brands are co‑marketed brands of the pharmaceutical item;
(ii)
there is no determination in force under subsection (3B) that the brands cease to be co‑marketed brands of the pharmaceutical item.
Ministerial determination
(3)
The Minister may, by legislative instrument, determine that 2 or more brands (the co‑marketed brands) of a pharmaceutical item (the co‑marketed item) are co‑marketed brands of the co‑marketed item if the following paragraphs are satisfied:
(a)
within 4 months of the first of the co‑marketed brands of the co‑marketed item being included on the Australian Register of Therapeutic Goods, applications are made to include the other co‑marketed brands of the co‑marketed item on the Register;
(b)
the first determination that is made under subsection 85(6) in relation to a brand of the co‑marketed item is made only in relation to the co‑marketed brands of the co‑marketed item;
(c)
each of the co‑marketed brands is a listed brand of the co‑marketed item;
(d)
no other brand is a listed brand of the co‑marketed item;
(e)
if there is another pharmaceutical item that has the same drug as the co‑marketed item:
(i)
each of the co‑marketed brands is a listed brand of that pharmaceutical item; and
(ii)
no other brand is a listed brand of that pharmaceutical item.
(3A)
The Minister may, by legislative instrument, vary or revoke a determination under subsection (3) so that all brands (the co‑marketed brands) that are co‑marketed brands of a pharmaceutical item (the co‑marketed item) cease to be co‑marketed brands of the co‑marketed item if:
(a)
any of the co‑marketed brands is not a listed brand of the co‑marketed item; or
(b)
another brand is a listed brand of the co‑marketed item; or
(c)
if there is another pharmaceutical item that has the same drug as the co‑marketed item:
(i)
any of the co‑marketed brands is not a listed brand of that pharmaceutical item; or
(ii)
another brand is a listed brand of that pharmaceutical item.
(3B)
The Minister may, by legislative instrument, determine that all brands (the co‑marketed brands) that are prescribed by the regulations as being co‑marketed brands of a pharmaceutical item (the co‑marketed item) cease to be co‑marketed brands of the co‑marketed item if:
(a)
any of the co‑marketed brands is not a listed brand of the co‑marketed item; or
(b)
another brand is a listed brand of the co‑marketed item; or
(c)
if there is another pharmaceutical item that has the same drug as the co‑marketed item:
(i)
any of the co‑marketed brands is not a listed brand of that pharmaceutical item; or
(ii)
another brand is a listed brand of that pharmaceutical item.
Regulations
(4)
For the purposes of paragraph (2)(b), on the day on which this section commences, the regulations may prescribe that 2 or more brands that are listed brands of a pharmaceutical item on that day are co‑marketed brands of the pharmaceutical item.

84AFResponsible person for a brand of a pharmaceutical item

(1)
The Minister may, by legislative instrument, determine that a person is the responsible person for a brand of a pharmaceutical item if:
(a)
the person notified the Minister that the person is or will be the supplier of the brand of the pharmaceutical item to:
(i)
wholesalers; or
(ii)
in the case of a supply where wholesalers are not involved—approved pharmacists directly; and
(b)
the brand of the pharmaceutical item is a listed brand; and
(c)
there is no determination in force under this section that another person is the responsible person for:
(i)
the brand of the pharmaceutical item; or
(ii)
the brand of any other pharmaceutical item.
(2)
The notification referred to in paragraph (1)(a) may be made before or after the commencement of this section.

84AGTherapeutic groups

Determinations
(1)
The Minister may, by legislative instrument, determine:
(a)
one or more therapeutic groups; and
(b)
that 2 or more listed drugs are in the same therapeutic group.
(1A)
If the Minister proposes to make a determination under paragraph (1)(a), the Minister must obtain the advice in writing of the Pharmaceutical Benefits Advisory Committee in relation to the proposed determination.
(2)
A determination for the purposes of paragraph (1)(b) may specify the circumstances in which a listed drug is, or is not, in a therapeutic group.
(3)
In making a determination for the purposes of paragraph (1)(b), the Minister may have regard to advice (if any) given (whether before or after the commencement of this section) to the Minister by the Pharmaceutical Benefits Advisory Committee to the effect that a drug or medicinal preparation should, or should not, be treated as interchangeable on an individual patient basis with another drug or medicinal preparation.
(4)
If:
(a)
either:
(i)
section 99ADH has applied to a brand of a pharmaceutical item; or
(ii)
the price of the brand of the pharmaceutical item is reduced under 99ADHB; and
(b)
the Minister has determined, under paragraph (1)(b), that the drug in the pharmaceutical item is in a therapeutic group;
the Minister must, by legislative instrument, vary the determination to remove the drug from that group with effect on the day that section 99ADH applied to the brand of the pharmaceutical item or the price of the brand of the pharmaceutical item was reduced under section 99ADHB.
(5)
Without limiting the powers of the Minister under subsection (1), the Minister may, by legislative instrument, vary a determination to remove a drug from a therapeutic group that contains only 2 drugs. In that case, the group will contain only that remaining drug.
Regulations
(6)
On the day on which this section commences, the regulations may prescribe one or more therapeutic groups.

84AHExempt items

The Minister may, by legislative instrument, determine that a pharmaceutical item (the relevant item) is an exempt item if:
(a)
there is only one listed brand of the relevant item; and
(b)
there are no listed brands of other pharmaceutical items that are bioequivalent or biosimilar to the listed brand of the relevant item; and
(c)
the relevant item and at least one listed brand of another pharmaceutical item have the same drug; and
(d)
the Minister is satisfied, having regard to advice (if any) given to the Minister by the Pharmaceutical Benefits Advisory Committee (whether before or after the commencement of this section), that:
(i)
the listed drug in the relevant item represents suitable therapy for a particular patient population; and
(ii)
the relevant item is suitable for use by a particular subgroup of that population because of either or both of the form and manner of administration of the drug in the item; and
(iii)
no other pharmaceutical item that has that drug is suitable for use by that subgroup because of either or both of the form and manner of administration of the drug in that other item.

84AIRounding amounts

If an amount worked out under this Part is not a number of whole cents, round the amount to the nearest cent (rounding 0.5 cents upwards).

84AJWhen pharmaceutical benefits are Schedule equivalent

A pharmaceutical benefit (the first benefit) is Schedule equivalent to another pharmaceutical benefit (the second benefit) if the Schedule of Pharmaceutical Benefits referred to in paragraph 103(2A)(b) states that the first benefit and the second benefit are equivalent.

84AKQuantities of pharmaceutical items

Pricing quantity
(1)
The pricing quantity of a listed brand of a pharmaceutical item is the lowest of any pack quantity of any listed brand of the pharmaceutical item.
Pack quantity
(2)
The Minister may, by legislative instrument, determine for a listed brand of a pharmaceutical item that one or more quantities or numbers of units of the pharmaceutical item is a pack quantity of the brand of the pharmaceutical item.
Determined quantity
(3)
The Minister may, by legislative instrument, determine for a listed brand of a pharmaceutical item that one or more quantities or numbers of units of the pharmaceutical item is a determined quantity of the brand of the pharmaceutical item.

Division 1ASafety net concession cards and pharmaceutical benefits entitlement cards84BFamily relationships

(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 or the person’s spouse.
(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.

s 99ADBA.................................

ad No 1, 2018

Subdivision B

s. 99ADC...................................

ad. No. 111, 2007

Subdivision C heading.................

rep. No. 126, 2010

s. 99ADD...................................

ad. No. 111, 2007

rs. No. 126, 2010

s. 99ADE...................................

ad. No. 111, 2007

rep. No. 126, 2010

Subdivision D

ss. 99ADF, 99ADG.....................

ad. No. 111, 2007

Subdivision E

s 99ADH....................................

ad No 111, 2007

am No 126, 2010; No 87, 2012; No 6, 2014; No 1, 2018; No 139, 2021; No 88, 2024

s. 99ADHA................................

ad. No. 87, 2012

s 99ADHB.................................

ad No 89, 2015

am No 139, 2021

s. 99ADJ....................................

ad. No. 126, 2010

rep. No. 87, 2012

Division 3BA

Division 3BA.............................

ad No 139, 2021

s 99ADHC.................................

ad No 139, 2021

am No 88, 2024

s 99ADHD.................................

ad No 88, 2024

Division 3C

Division 3C................................

ad No 111, 2007

Subdivision A

s. 99AE......................................

ad. No. 111, 2007

s. 99AEA...................................

ad. No. 111, 2007

Subdivision B

s. 99AEB...................................

ad. No. 111, 2007

Subdivision C

s. 99AEC...................................

ad. No. 111, 2007

s. 99AED...................................

ad. No. 111, 2007

am. No. 87, 2012

Subdivision D

ss. 99AEE, 99AEF......................

ad. No. 111, 2007

Subdivision E

s. 99AEG...................................

ad. No. 111, 2007

Subdivision F

s. 99AEH...................................

ad. No. 111, 2007

Subdivision G

s 99AEI......................................

ad No 111, 2007

am No 126, 2010; No 87, 2012; No 89, 2015; No 139, 2021 (Sch 1 items 123–125)

ss. 99AEJ, 99AEK......................

ad. No. 111, 2007

Division 3CAA

Division 3CAA...........................

ad No 139, 2021

s 99AEKA..................................

ad No 139, 2021

s 99AEKB..................................

ad No 139, 2021

s 99AEKC..................................

ad No 139, 2021

s 99AEKD..................................

ad No 139, 2021

s 99AEKE..................................

ad No 139, 2021

s 99AEKF..................................

ad No 139, 2021

Division 3CA

Division 3CA.............................

ad No 139, 2021

s 99AEL.....................................

ad No 111, 2007

rep No 126, 2010

ad No 139, 2021

am No 139, 2021

Division 4

Division 4..................................

ad. No. 177, 1976

rs. No. 40, 1981

s. 99A........................................

ad. No. 177, 1976

rs. No. 40, 1981

am. Nos. 75 and 94, 1986; No. 87, 1988; No. 106, 1990; No. 88, 1992; No. 54, 2009; No. 174, 2012

s. 99B........................................

ad. No. 177, 1976

rs. No. 40, 1981

am. Nos. 75 and 94, 1986; No. 87, 1988; No. 88, 1992 (as am. by No. 12, 1994); No. 43, 1996; No. 54, 2009; No. 174, 2012

s. 99C........................................

ad. No. 177, 1976

rs. No. 40, 1981

am. Nos. 75 and 94, 1986

s. 99D........................................

ad. No. 177, 1976

rs. No. 40, 1981

am. Nos. 75 and 94, 1986; No. 87, 1988; No. 88, 1992; No. 54, 2009; No. 46, 2011; No. 174, 2012

s. 99E........................................

ad. No. 177, 1976

rs. No. 40, 1981

am. No. 94, 1986; No. 46, 2011

Division 4A

Division 4A heading....................

am No 73, 2024

Division 4A................................

ad No 84, 1990

Subdivision A

Subdivision A heading.................

ad No 73, 2024

s 99F..........................................

ad No 177, 1976

rep No 40, 1981

ad No 84, 1990

am No 106, 1990; No 141, 1990; No 208, 1991; No 88, 1992; No 106, 1993; No 164, 1995; No 79, 1996; No 119, 2004; No 151, 2005; No 1, 2018; No 106, 2019; No 14, 2022; No 53, 2022

Subdivision B

Subdivision B heading.................

ad No 73, 2024

s 99G.........................................

ad No 177, 1976

rep No 40, 1981

ad No 84, 1990

am No 208, 1991; No 106, 1993; No 164, 1995; No 79, 1996; No 119, 2004; No 151, 2005; No 145, 2015; No 106, 2019; No 53, 2022; No 73, 2024; No 39, 2025

Subdivision C

Subdivision C...................................

ad No 73, 2024

s 99GA.............................................

ad No 73, 2024

s 99GB.............................................

ad No 73, 2024

s 99GC.............................................

ad No 73, 2024

exp (s 99GC(5))

rep No 39, 2025

s 99GD.............................................

ad No 73, 2024

exp (s 99GD(4))

s 99GE.............................................

ad No 73, 2024

am No 39, 2025

Division 4B

Division 4B heading....................

am No 24, 1995

Division 4B................................

ad No 106, 1990

s. 99H........................................

ad. No. 177, 1976

rep. No. 40, 1981

ad. No. 106, 1990

s. 99J.........................................

ad. No. 106, 1990

am. No. 24, 1995

s. 99K........................................

ad. No. 106, 1990

am. No. 136, 1992; No. 24, 1995; No. 75, 2000

ed C135

s. 99L........................................

ad. No. 106, 1990

am. No. 24, 1995; No. 75, 2000; No 10, 2015

s. 99M.......................................

ad. No. 106, 1990

s 99N.........................................

ad No 106, 1990

rs No 24, 1995

am No 37, 2006; No 38, 2025

s 99P..........................................

ad. No. 106, 1990

s 99Q.........................................

ad No 106, 1990

s 99R.........................................

ad. No. 106, 1990

am. No. 24, 1995

s 99S..........................................

ad No 106, 1990

am No 24, 1995

s. 99T........................................

ad. No. 106, 1990

s. 99U........................................

ad. No. 106, 1990

rs. No. 24, 1995

s 99V.........................................

ad. No. 106, 1990

am. No. 24, 1995

s 99W........................................

ad No 106, 1990

am No 24, 1995

s. 99X........................................

ad. No. 106, 1990

s 99Y.........................................

ad No 106, 1990

am No 24, 1995; No 75, 2000; No 60, 2005; No 155, 2005; No 37, 2006; No 63, 2010; No 89, 2015

rep No 1, 2018

Division 4C

Division 4C................................

ad. No. 106, 1990

rep. No. 75, 2000

ad. No. 71, 2009

Subdivision A

s. 99YB......................................

ad. No. 71, 2009

Subdivision B

s. 99YBA...................................

ad. No. 71, 2009

Subdivision C

s. 99YBB...................................

ad. No. 71, 2009

Subdivision D

s. 99YBC...................................

ad. No. 71, 2009

am. No. 5, 2011; No. 136, 2012

s. 99Z........................................

ad. No. 106, 1990

am. No. 136, 1992

rep. No. 19, 1998

s. 99ZA......................................

ad. No. 106, 1990

am. No. 24, 1995

rep. No. 75, 2000

s. 99ZAA...................................

ad. No. 24, 1995

rep. No. 75, 2000

s. 99ZB......................................

ad. No. 106, 1990

rep. No. 19, 1998

s. 99ZC......................................

ad. No. 106, 1990

am. No. 88, 1992; No. 24, 1995

rep. No. 19, 1998

s. 99ZD......................................

ad. No. 106, 1990

am. No. 24, 1995

rep. No. 19, 1998

s. 99ZDA...................................

ad. No. 24, 1995

rep. No. 75, 2000

s. 99ZE......................................

ad. No. 106, 1990

rs. No. 24, 1995

rep. No. 19, 1998

s. 99ZF......................................

ad. No. 106, 1990

rep. No. 24, 1995

s. 99ZG......................................

ad. No. 106, 1990

am. No. 24, 1995

rep. No. 75, 2000

Division 4D

Division 4D................................

ad No 35, 1999

s. 99ZH......................................

ad. No. 35, 1999

am. No. 111, 2005; No. 33, 2009; No. 32, 2011; No 41, 2015

s. 99ZI.......................................

ad. No. 35, 1999

am. No. 49, 2008

ss. 99ZJ, 99ZK............................

ad. No. 35, 1999

am. No. 111, 2005; No. 169, 2007; No. 49, 2008; No. 29, 2010; No. 32, 2011

s. 99ZL......................................

ad. No. 35, 1999

s. 99ZM.....................................

ad. No. 35, 1999

am No 41, 2015

s. 99ZN......................................

ad. No. 35, 1999

am. No. 111, 2005; No. 33, 2009; No. 32, 2011; No 41, 2015

s. 99ZO......................................

ad. No. 35, 1999

am. No. 111, 2005; No. 32, 2011

ss. 99ZP, 99ZQ...........................

ad. No. 35, 1999

s 99ZR.......................................

ad. No. 35, 1999

am. No. 111, 2005; No. 32, 2011

s. 99ZS......................................

ad. No. 35, 1999

am. No. 111, 2005; No. 32, 2011; No 10, 2015; No 41, 2015

s. 99ZT......................................

ad. No. 35, 1999

am. No. 111, 2005; No. 49, 2008; No. 32, 2011

Division 5

Division 5 heading......................

ad No 177, 1976

s. 100.........................................

am. No. 94, 1986

rs. No. 50, 2004

am. No. 126, 2010; No 53, 2022

s. 100AA....................................

ad. No. 50, 2004

rep. No. 126, 2010

s. 100A......................................

ad. No. 146, 2000

am. No. 50, 2004; No. 140, 2005; No 89, 2015

s. 100B......................................

ad. No. 146, 2000

am. No. 50, 2004; No 89, 2015

ss. 100C, 100D...........................

ad. No. 146, 2000

s 101..........................................

am No 68, 1955; No 72, 1959; No 16, 1961; No 82, 1962; No 41, 1970; No 202, 1973; No 60, 1976; No 91, 1976; No 63, 1984; No 94, 1986; No 118, 1987; No 19, 1998; No 146, 2000; No 50, 2004; No 140, 2005; No 151, 2005; No 111, 2007; No 126, 2010; No 87, 2012; No 89, 2015; No 1, 2018; No 139, 2021

s. 101A......................................

ad. No. 118, 1987

am. No. 140, 2005

s 101B.......................................

ad No 16, 2017

s. 102.........................................

am. No. 91, 1976; No. 63, 1984; No. 94, 1986

s. 103.........................................

am. No. 68, 1955; No. 72, 1959; No. 44, 1966; No. 91, 1976; No. 132, 1978; No. 112, 1982; No. 35, 1983; No. 63, 1984; No. 65, 1985; No. 94, 1986; No. 88, 1992; Nos. 80 and 116, 1994; No. 35, 1999; No. 137, 2000; No. 111, 2001; No. 63, 2002; No. 111, 2005; Nos. 111, 169 and 180, 2007; No. 49, 2008; No. 29, 2010; No. 32, 2011; No 61, 2016

s. 104.........................................

am. No. 68, 1955; No. 37, 1964; No. 44, 1966; Nos. 60 and 91, 1976; No. 132, 1978; Nos. 63 and 135, 1984; No. 65, 1985; No. 94, 1986

rep. No. 85, 1994

s. 104A......................................

ad. No. 72, 1959

am. No. 91, 1976; No. 112, 1982; No. 63, 1984; No. 94, 1986

s 104B.......................................

ad No 111, 2007

rep No 16, 2017

ad No 139, 2021

Part VIIA

Part VIIA heading.......................

am No 39, 2024

Part VIIA...................................

ad No 60, 1976

s 105AA.....................................

ad No 60, 1976

rs No 112, 1982

am No 39, 2024

s. 105AAA.................................

ad. No. 88, 1978

am. No. 131, 1980; No. 63, 1984

rs. No. 72, 1984

am. No. 165, 1984

rep. No. 94, 1986

s. 105AAB.................................

ad. No. 139, 1983

am. No. 139, 1983; No. 135, 1984; Nos. 94 and 115, 1986; No. 72, 1987; No. 3, 1990; Nos. 83 and 84, 1991; No. 12, 1994; No. 149, 1995; No. 114, 1997; No. 111, 2009

rep. No. 86, 2011

s 105AB.....................................

ad No 60, 1976

am No 99, 1976; No 132, 1978; No 189, 1978; No 112, 1982; No 54, 1983; No 63, 1984; No 70, 1985; No 94, 1986; No 95, 1989; No 106, 1990; No 119, 1991; No 136, 1992; No 192, 1992; No 200, 1992; No 23, 1994; No 24, 1995; No 41, 1995; No 19, 1998; No 37, 1998; No 130, 1999; No 159, 1999; No 75, 2000; No 69, 2003; No 1, 2004; No 117, 2004; No 37, 2006; No 83, 2006; No 32, 2007; No 169, 2007; No 29, 2010; No 86, 2011; No 5, 2015; No 16, 2017; No 1, 2018; No 77, 2019; No 39, 2024

s 105AC.....................................

ad No 112, 1982

am No 139, 1983; No 63, 1984; No 72, 1984; No 165, 1984; No 94, 1986; No 115, 1986; No 84, 1991; No 86, 2011; No 39, 2024

s 105AD.....................................

ad No 211, 1991

am No 24, 1995; No 19, 1998; No 75, 2000; No 37, 2006; No 39, 2024

s 105AE.....................................

ad No 37, 2006

am No 39, 2024; No 38, 2025

s. 105A......................................

ad. No. 202, 1973

rep. No. 91, 1976

s. 106.........................................

rep. No. 88, 1978

Part VIII

Division 1

s. 107.........................................

am. No. 68, 1955; No. 37, 1964; Nos. 60 and 91, 1976; No. 132, 1978; No. 63, 1984; Nos. 75 and 94, 1986; No. 169, 2007; No 59, 2015

Division 2 heading......................

rs. No. 75, 1986

rep. No. 22, 1994

Division 2..................................

rep. No. 22, 1994

s. 108.........................................

am. No. 82, 1962; No. 91, 1976; No. 63, 1984; Nos. 75 and 94, 1986

rep. No. 22, 1994

s. 109.........................................

am. No. 68, 1955; Nos. 60 and 91, 1976; No. 63, 1984; No. 75, 1986

rep. No. 22, 1994

s. 110.........................................

rs. No. 68, 1955

am. No. 82, 1962; No. 202, 1973; No. 72, 1984; Nos. 75 and 94, 1986

rep. No. 22, 1994

s. 111.........................................

am. No. 68, 1955; Nos. 60 and 91, 1976; No. 63, 1984; Nos. 75 and 94, 1986

rep. No. 22, 1994

s. 111A......................................

ad. No. 68, 1955

am. No. 68, 1958; No. 60, 1976; Nos. 75 and 94, 1986

rep. No. 22, 1994

s. 112.........................................

am. No. 132, 1978; No. 94, 1986

rep. No. 22, 1994

Division 2AA.............................

ad. No. 132, 1978

rep. No. 22, 1994

ss. 112AA, 112AB......................

ad. No. 132, 1978

am. No. 63, 1984

rep. No. 22, 1994

s. 112AC....................................

ad. No. 132, 1978

am. No. 72, 1984

rep. No. 22, 1994

s. 112AD....................................

ad. No. 132, 1978

am. No. 63, 1984

rep. No. 22, 1994

s. 112AE....................................

ad. No. 132, 1978

am. No. 94, 1986

rep. No. 22, 1994

Division 2A................................

ad. No. 68, 1955

rep. No. 211, 1991

s. 112A......................................

ad. No. 68, 1955

am. No. 82, 1962; No. 94, 1986

rep. No. 211, 1991

s. 112B......................................

ad. No. 68, 1955

am. Nos. 60 and 91, 1976; No. 100, 1977; No. 63, 1984; No. 94, 1986

rep. No. 211, 1991

Division 3

s. 113.........................................

am. No. 91, 1976; No. 63, 1984; No. 94, 1986

s. 114.........................................

am. No. 91, 1976; No. 63, 1984; Nos. 75 and 94, 1986; No. 50, 2004; No. 126, 2010

s. 115.........................................

am. No. 68, 1955; No. 91, 1976; No. 72, 1984; No. 94, 1986

s. 116.........................................

am. Nos. 60 and 91, 1976; No. 63, 1984; Nos. 75 and 94, 1986; No. 50, 2004; No. 126, 2010

s. 117.........................................

am. No. 132, 1978; No. 94, 1986; No. 169, 2007

Division 3A................................

ad. No. 114, 1972

rep. No. 86, 2011

s. 117A......................................

ad. No. 114, 1972

am. No. 94, 1986

rs. No. 141, 1990

rep. No. 86, 2011

s. 117B......................................

ad. No. 114, 1972

am. No. 60, 1976; No. 94, 1986; No. 155, 1988

rep. No. 86, 2011

Division 4

s. 118.........................................

am. No. 75, 1986

s. 119A......................................

ad. No. 55, 1956

am. No. 94, 1986

s. 120.........................................

am. No. 75, 1986

s. 120A......................................

ad. No. 16, 1961

s. 124.........................................

am. Nos. 75 and 94, 1986

s. 125.........................................

am. Nos. 60 and 91, 1976

rs. No. 132, 1978

am. No. 63, 1984; No. 75, 1986; No. 94, 1986 (as am. by No. 141, 1987); No. 169, 2007

s. 126.........................................

am. Nos. 75 and 94, 1986

s. 127.........................................

am. No. 82, 1962; No. 94, 1986

s. 128.........................................

am. No. 44, 1966; No. 65, 1985; No. 94, 1986; No. 111, 2001; No 61, 2016

s. 129.........................................

am. No. 44, 1966; No. 65, 1985; No. 94, 1986; No 61, 2016

Division 5..................................

ad. No. 41, 1995

rep. No. 37, 1998

Part VIIIA

Part VIIIA..................................

ad No 121, 2019

s 132A.......................................

ad No 202, 1973

rep No 91, 1976

ad No 41, 1995

rep No 37, 1998

ad No 121, 2019

am No 8, 2025

s 132AB.....................................

ad No 8, 2025

s 132B.......................................

ad No 121, 2019

am No 8, 2025

s 132C.......................................

ad No 121, 2019

s 132D.......................................

ad No 121, 2019

s 132E........................................

ad No 121, 2019

s 132F........................................

ad No 121, 2019

Part VIIIB

Part VIIIB..................................

ad No 108, 2021

exp 1 July 2022 (s 132G(3))

s 132G.......................................

ad No 108, 2021

exp 1 July 2022 (s 132G(3))

Part IX

s 133..........................................

am No 68, 1955; No 6, 1976, No 91, 1976

rs No 132, 1978

am No 63, 1984; No 120, 1984; No 94, 1986; No 136, 1992; No 50, 2004; No 169, 2007; No 29, 2010; No 126, 2010; No 87, 2012; No 59, 2015; No 16, 2023

s. 133A......................................

ad. No. 60, 1976

am. No. 36, 1978; No. 5, 2011

s. 134.........................................

am. No. 44, 1966; Nos. 60 and 91, 1976; No. 132, 1978; No. 63, 1984; No. 65, 1985; No. 94, 1986; No. 72, 1987; No. 50, 2004; No. 169, 2007; Nos. 29 and 126, 2010; No. 87, 2012; No 61, 2016

s. 134A......................................

ad. No. 68, 1955

am. No. 55, 1956

rs. No. 82, 1962

am. Nos. 60 and 91, 1976; No. 63, 1984; No. 94, 1986

s. 134AA....................................

ad. No. 82, 1962

am. No. 60, 1976

rep. No. 167, 1985

s. 134B......................................

ad. No. 68, 1955

am. No. 94, 1986; Nos. 72 and 132, 1987; No. 86, 2011

s. 134C......................................

ad. No. 68, 1955

am. No. 112, 1982; No. 94, 1986; No. 111, 2001

s 134D.......................................

ad No 68, 1955

rep No 32, 2007

ad No 64, 2018

am No 13, 2021

s 134E........................................

ad No 64, 2018

s 134E (second occurring)............

ad. No. 94, 1986

am No 5, 2015

renum

ed C128

s 134F (prev 134E second

occurring)

s. 135.........................................

am. No. 120, 1984; No. 94, 1986; No 59, 2015

s 135A.......................................

ad No 1, 1975

rs No 139, 1983

am No 63, 1984; No 165, 1984; No 65, 1985; No 94, 1986; No 132, 1987; No 95, 1989; No 3, 1990; No 106, 1990; No 88, 1992; No 204, 1992; No 29, 1997; No 19, 1998; No 111, 2001; No 133, 2002; No 17, 2004; No 50, 2004; No 77, 2004; No 111, 2005; No 126, 2005; No 83, 2006; No 32, 2007; No 169, 2007; No 29, 2010; No 126, 2010; No 5, 2011; No 32, 2011; No 86, 2011; No 64, 2012; No 136, 2012; No 139, 2015; No 157, 2015; No 4, 2016; No 61, 2016; No 72, 2017; No 105, 2019; No 121, 2019; No 8, 2025

s. 135AAA.................................

ad. No. 146, 2000

am. No. 111, 2005; No. 169, 2007; No. 32, 2011; No 4, 2016

s 135AA.....................................

ad No 119, 1991

rs No 28, 1993

am No 146, 2000; No 50, 2004; No 111, 2005; No 51, 2010; No 126, 2010; No 32, 2011; No 64, 2012; No 197, 2012; No 126, 2015; No 157, 2015; No 121, 2019

s. 135AB....................................

ad. No. 119, 1991

am. No. 28, 1993; No. 51, 2010; No 197, 2012; No 128, 2024

s. 135AC....................................

ad. No. 99, 2006

am. No. 32, 2011; No 197, 2012

s. 135B......................................

ad. No. 139, 1983

am. No. 65, 1985; No. 94, 1986; No. 132, 1987; No. 211, 1991; No. 86, 2011

s. 136.........................................

am. No. 54, 1979; No. 94, 1986

s. 136A......................................

ad. No. 82, 1962

s. 137.........................................

am. No. 82, 1962; No. 102, 1969; Nos. 1 and 60, 1976; No. 88, 1978; No. 24, 1985; No. 94, 1986; No. 211, 1991; No. 86, 2011; No 72, 2017

s. 138.........................................

am. No. 91, 1976; No. 139, 1983; No. 63, 1984

s. 138A......................................

ad. No. 95, 1989

s. 139.........................................

am. No. 91, 1976; No. 63, 1984; No. 94, 1986; No. 3, 1995

s 139A.......................................

ad No 68, 1955

am No 72, 1959; No 82, 1962; No 100, 1968; No 41, 1970; No 114, 1972; No 1, 1975; No 60, 1976; No 91, 1976; No 100, 1977; No 132, 1978; No 112, 1982; No 54, 1983; No 63, 1984; No 94, 1986; No 72, 1987; No 136, 1992; No 13, 1999; No 32, 2007; No 169, 2007; No 29, 2010; No 86, 2011; No 87, 2012; No 61, 2016; No 1, 2018

s. 139B......................................

ad. No. 115, 1986

am. Nos. 72, 118 and 132, 1987

rs. No. 79, 1988

am. Nos. 83, 84, 119 and 211, 1991; Nos. 88, 192 and 204, 1992; No. 13, 1999; No. 86, 2011

rep No 10, 2015

s. 139C......................................

ad. No. 80, 2001

am. No. 5, 2011; No. 136, 2012

s. 140.........................................

am. No. 44, 1966; No. 41, 1970; No. 60, 1976; No. 65, 1985; No. 95, 1989; No. 41, 1995; No. 69, 2003; No, 32, 2007; No 61, 2016

Heading to The Schedules............

rep. No. 37, 1964

ad. No. 41, 1970

rep. No. 60, 1976

First, Second Schedules...............

rs. No. 68, 1955; No. 92, 1957

am. No. 72, 1959

rep. No. 37, 1964

The Schedule..............................

ad. No. 37, 1964

rs. No. 44, 1966; No. 100, 1967

rep. No. 41, 1970

First–Seventh Schedules..............

ad. No. 41, 1970

am. No. 85, 1971; No. 114, 1972; No. 202, 1973

rep. No. 60, 1976

Eighth Schedule..........................

ad. No. 114, 1972

am. No. 1, 1975; No. 99, 1976

rep. No. 100, 1977

Heading to Schedule....................

rep. No. 141, 1990

Heading to Schedule 1.................

ad. No. 141, 1990

rep. No. 32, 2007

Schedule 1..................................

ad. No. 132, 1978

am. No. 54, 1979; No. 118, 1981; No. 49, 1982

rs. No. 54, 1983

am. No. 63, 1984; Nos. 70 and 167, 1985; No. 94, 1986; No. 79, 1988; No. 95, 1989; Nos. 88 and 136, 1992; No. 80, 1994; No. 41, 1995 (as am. by No. 149, 1995); No. 37, 1998; Nos. 21 and 130, 1999; No. 72, 2000; Nos. 63 and 76, 2002; No. 1, 2004 (as am. by No. 31, 2005); Nos. 31, 111 and 155, 2005

rep. No. 32, 2007

Schedule 2..................................

ad. No. 141, 1990

rep. No. 114, 1997

ad. No. 130, 1999

am. No. 6, 2001; No. 1, 2004; Nos. 9 and 111, 2005

rep. No. 32, 2007

Schedule 3..................................

ad. No. 83, 1991

am. Statutory Rules 1991 No. 310; 1993 No. 274

rep. No. 114, 1997

Schedule 4..................................

ad. No. 211, 1991

rep. No. 86, 2011