National Health Act 1953 Determination under subsection 84C(7) (28/07/2005) (Cth)
COMMONWEALTH OF AUSTRALIA
National Health Act 1953
PHARMACEUTICAL BENEFITS
DETERMINATION UNDER SUBSECTION 84C (7)
I, ALLAN RAYMOND RENNIE, Assistant Secretary, Pharmaceutical Access and Quality Branch, Department of Health and Ageing and delegate of the Minister for Health and Ageing, pursuant to subsection 84C (7) of the National Health Act 1953, having in accordance with subsection 84C (9) of the National Health Act 1953 obtained the written agreement of the Pharmacy Guild of Australia, hereby make the following determination:
1. This determination shall come into operation on 1 August 2005.
The determination under subsection 84C (7) of the National Health Act 1953 made on 29 June 2004 with effect from 1 August 2004 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;
“ready-prepared pharmaceutical benefit” means a pharmaceutical benefit 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 agreed 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) $0.97 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) $1.38 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 agreed 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.
Dated this 28th day of July 2005.
ALLAN RAYMOND RENNIE
Assistant Secretary
Pharmaceutical Access and Quality Branch
Department of Health and Ageing
Delegate of the Minister for Health and Ageing
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