National Health Act 1953 - Determination under subsection 84C(7) (14/06/2006) (Cth)
COMMONWEALTH OF AUSTRALIA
National Health Act 1953
PHARMACEUTICAL BENEFITS
DETERMINATION UNDER SUBSECTION 84C(7)
This document is a compilation of the current determinations under subsection 84C(7) of the National Health Act 1953.
It comprises the determination set out in the Principal Determination made on 14 June 2006 (with effect from 1 August 2006) as amended by the determination made on 24 July 2007 (with effect from 1 August 2007), the determination made on 15 July 2008 (with effect from 1 August 2008) and the determination made on 15 July 2008 (with effect from 1 September 2008).
This compilation was prepared on 1 September 2008 by the Department of Health and Ageing.
1. This determination shall come into operation on 1 August 2006.
The determination under subsection 84C (7) of the National Health Act 1953 made on 28 July 2005 with effect from 1 August 2005 is revoked.
In this Determination:
“Act” means the National Health Act 1953;
“extemporaneously-prepared pharmaceutical benefit” means a pharmaceutical benefit other than a ready-prepared pharmaceutical benefit;
“pharmaceutical item” has the same meaning as in section 84AB of the Act;
“ready-prepared pharmaceutical benefit” means a brand of a pharmaceutical item in respect of which there is a determination (as amended from time to time) made under subsection 85 (6) of the Act in force on the day on which this determination is made;
Subject to paragraph 5, the price for a pharmaceutical benefit, having been ascertained in a manner that complies with the requirements of paragraphs 84C (8) (a), (b) and (c) of the Act, shall be the sum of:
(a) the Commonwealth price for the supply of the benefit by an approved pharmacist, ascertained in accordance with the determination (as amended from time to time) made under paragraph 98B (1) (a) of the Act that is in force on the day on which this determination is made; and
(b) an additional fee, agreed, pursuant to subsection 84C (9) of the Act, with the Pharmacy Guild of Australia for the purposes of paragraph 84C (8) (d) of the Act, of:
(i) $1.03 in the case of a ready-prepared pharmaceutical benefit, other than a ready-prepared pharmaceutical benefit that involves the admixture of ready-prepared ingredients and is determined as such in Schedule 1 of the determination (as amended from time to time) made under paragraph 98C (1) (b) of the Act that is in force on the day on which this determination is made; or
(ii) $1.39 in the case of an extemporaneously-prepared pharmaceutical benefit, or of a ready-prepared pharmaceutical benefit that involves the admixture of ready-prepared ingredients and is determined as such in Schedule 1 of the determination (as amended from time to time) made under paragraph 98C (1) (b) of the Act that is in force on the day on which this determination is made.
The price of a pharmaceutical benefit shall not exceed the amount that the approved supplier may charge for the supply of a pharmaceutical benefit pursuant to subsection 87 (2) or (3) of the Act.
Table of Instruments
| Title | Date of registration in the Federal Register of Legislative Instruments | Date of | Application, saving or |
| National Health Act 1953 Pharmaceutical Benefits Determination under subsection 84C(7) | 12 July 2006 (see F2006L02228) | 01 August 2006 | |
| National Health Act 1953 Pharmaceutical Benefits Amendment Determination under subsection 84C(7) No.1 | 27 July 2007 (see F2007Lo2346) | 01 August 2007 | |
| National Health Act 1953 Pharmaceutical Benefits Amendment Determination under subsection 84C(7) No.2 | 28 July 2008 (see F2008L02685) | 01 August 2008 | |
| National Health Act 1953 Pharmaceutical Benefits Amendment Determination under subsection 84C(7) No.3 | 13 August 2008 (see F2008L03067) | 01 September 2008 |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Paragraphs 3............................ | am. 2008 No. 2 |
| Paragraphs 4............................ | am. 2007 No. 1, 2008 No. 2 and 3 |
| Paragraphs 5............................ | am. 2007 No. 1 |
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