National Health Amendment Act 1987 (Cth)

National Health Amendment Act 1987

No. 22 of 1987

An Act to amend the National Health Act 1953, and for related purposes

[Assented to 26 May 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the National Health Amendment Act 1987.

(2) The National Health Act 19531 is in this Act referred to as the Principal Act.

Commencement

2. (1) This Act (other than subsections 3 (1) and 4 (1) and section 5) shall come into operation on the day on which it receives the Royal Assent.

(2) Subsection 3 (1) shall be deemed to have come into operation immediately after the commencement of subsection 14 (3) of the Health Legislation Amendment Act (No. 2) 1986.

 

(3) Subsection 4 (1) shall be deemed to have come into operation immediately after the commencement of section 19 of the Health Legislation Amendment Act (No. 2) 1986.

(4) Section 5 shall come into operation on a day to be fixed by Proclamation.

Interpretation

3. (1) Section 4 of the Principal Act is amended by omitting “or (2)” from paragraph (ba) of the definition of “pensioner” in subsection (1) and substituting “, (2) or (3)”.

(2) Section 4 of the Principal Act is amended by inserting after subsection (1a) the following subsection:

“(1aa) Where a bodily specimen is obtained from a person while the person is an in-patient of a hospital or day hospital facility, any pathology service performed in relation to that specimen after the person ceases to be such an in-patient shall, for the purpose of paragraph (da) of the definition of ‘basic private table’ or ‘basic table’ in subsection (1), be deemed to have been rendered to the person while the person was such an in-patient.”.

(3) Subsection 4 (1aa) of the Principal Act as amended by subsection (2) of this section applies only where the bodily specimen is obtained after the commencement of subsection (2) of this section.

Eligibility for pharmaceutical benefits entitlement cards

4. (1) Section 84c of the Principal Act is amended by omitting subparagraph (4) (e) (ii) and substituting the following subparagraph:

“(ii) if there is in force, at the time of supply, a determination by the Minister pursuant to paragraph 85a (2) (a) that is applicable to the supply of the pharmaceutical benefit—the quantity or number of units supplied is not less than:

(a) in a case where there was in force, at the time when the prescription referred to in subparagraph (a) (i) of this subsection was written or communicated (in this subparagraph referred to as the ‘earlier time’), a determination by the Minister pursuant to paragraph 85a (2) (a) that would have been applicable to the supply of the pharmaceutical benefit at the earlier time, and the maximum quantity or number of units specified in the determination that would have been applicable to the supply of the pharmaceutical benefit at the earlier time is less than the maximum quantity or number of units specified in the determination that is applicable at the time of supply—that first-mentioned maximum quantity or number of units; or

(b) in any other case—the maximum quantity or number of units specified in the determination that is applicable at the time of supply.”.

 

(2) Section 84c of the Principal Act is amended by inserting after subsection (4) the following subsections:

“(4a) The Minister may determine that, in respect of the supply of a pharmaceutical benefit, or pharmaceutical benefits in a class of pharmaceutical benefits, specified in the determination, the requirement set out in subparagraph (4) (e) (ii) does not apply.

“(4b) A determination under subsection (4a) shall:

(a) be made by notice in writing published in the Gazette; and

(b) come into operation on such day as is specified in the determination.”.

Issue of pharmaceutical benefits entitlement card

5. (1) Section 84e of the Principal Act is amended:

(a) by omitting from subsection (5) all the words after “shall” and substituting “submit the application, and all relevant documents that accompanied or supported the application, to the Secretary by lodging them at a prescribed office within one month (or such longer period as is prescribed) after the day on which the entitlement card is issued”; and

(b) by omitting subsection (6).

(2) Subsection 84e (5) of the Principal Act as amended by subsection (1) of this section applies in relation to pharmaceutical benefits entitlement cards issued before the commencement of this section as if the reference in that first-mentioned subsection to the day on which the entitlement card is issued were a reference to the day on which this section comes into operation.

6. After section 84h of the Principal Act the following section is inserted:

Fee to approved pharmacist etc. for issuing entitlement card etc.

“84ha.(1) An approved pharmacist, approved medical practitioner or approved hospital authority who issues a pharmaceutical benefits entitlement card or an additional or replacement card is entitled to be paid by the Commonwealth, in respect of the issue of the card, the fee determined by the Minister, for the purposes of this section, for the issue of cards generally or for the issue of cards of that kind, as the case requires.

“(2) The Minister shall not determine a fee for the purposes of this section unless the Pharmacy Guild of Australia has agreed in writing to the making of that determination.

“(3) A determination under subsection (1) shall:

(a) be made by notice in writing published in the Gazette; and

(b) come into operation on such day as is specified in the determination.”.

 

Offences

7. Section 84l of the Principal Act is amended by omitting from subsection (4) “a notice given to the person under subsection 84e (6)” and substituting “subsection 84e (5)”.

Determination of special patient contribution in respect of certain drugs etc.

8. (1) Section 85b of the Principal Act is amended by adding at the end the following subsection:

“(2) Notwithstanding paragraph (1) (c) of this section, where, under regulations made for the purposes of subsection 85a (3), the maximum quantity or number of units (in this subsection called the ‘excess quantity or number’) of a pharmaceutical benefit that may be supplied to a person, on any one occasion, in accordance with a prescription exceeds the maximum quantity or number of units (in this subsection called the ‘normal quantity or number’) determined under paragraph 85a (2) (a), the amount that is, for the purposes of this Part, to be taken to be the special patient contribution in relation to a supply of the pharmaceutical benefit to the person in accordance with the prescription is the amount calculated in accordance with the formula:

where:

A is the amount determined under paragraph (1) (c) of this section;

E is:

(a) in a case where the excess quantity or number is not a multiple of N—the nearest higher number that is a multiple of N; or

(b) in any other case—the excess quantity or number; and

N is the normal quantity or number.”

(2) Subsection 85b (2) of the Principal Act as amended by subsection (1) of this section applies only where the supply of the pharmaceutical benefit occurs after the commencement of this section.

Limited charges for pharmaceutical benefits

9. Section 87 of the Principal Act is amended by omitting subsection (2b).

Payment for supply of benefits

10. Section 99 of the Principal Act is amended:

(a) by omitting from subsection (2a) “(other than a pharmaceutical benefit in respect of which there was in force, at the time of supply, a determination under section 85b)”;

(b) by omitting from paragraph (2a) (a) “exceed $10.00” and substituting “exceed:

 

(i) in a case where there was not in force, at the time of supply, a determination under section 85b in respect of the pharmaceutical benefit—$10.00; or

(ii) in any other case—the sum referred to in paragraph 87 (2a) (c)”;

(c) by omitting from paragraph (2a) (aa) “exceed $10.00” and substituting “exceed:

(i) in a case where there was not in force, at the time of supply, a determination under section 85b in respect of the pharmaceutical benefit—$10.00; or

(ii) in any other case—the sum referred to in paragraph 87 (2a) (c)”;

(d) by omitting from paragraph (2a) (b) “exceed $10.00” and substituting “exceed:

(i) in a case where there was not in force, at the time of supply, a determination under section 85b in respect of the pharmaceutical benefit—$10.00; or

(ii) in any other case—the sum referred to in paragraph 87 (2a) (c)”;

(e) by omitting from subsection (2b) “(other than a pharmaceutical benefit in respect of which there was in force, at the time of supply, a determination under section 85b)”;

(f) by omitting from paragraph (2b) (a) “exceed $2.50” and substituting “exceed:

(i) in a case where there was not in force, at the time of supply, a determination under section 85b in respect of the pharmaceutical benefit—$2.50; or

(ii) in any other case—the sum referred to in paragraph 87 (2a) (b)”;

(g) by omitting from paragraph (2b) (b) “exceed $2.50” and substituting “exceed:

(i) in a case where there was not in force, at the time of supply, a determination under section 85b in respect of the pharmaceutical benefit—$2.50; or

(ii) in any other case—the sum referred to in paragraph 87 (2a) (b)”; and

(h) by omitting from paragraph (2b) (c) “exceed $2.50” and substituting “exceed:

(i) in a case where there was not in force, at the time of supply, a determination under section 85b in respect of the pharmaceutical benefit—$2.50; or

(ii) in any other case—the sum referred to in paragraph 87 (2a) (b)”.

 

11. After section 99a of the Principal Act the following section is inserted:

Advances

“99ab. (1) An advance, on account of an amount that may become payable to a person under section 99 in relation to the supply of a pharmaceutical benefit, may be made to the person on such terms and conditions (if any) as are approved by the Secretary in writing.

“(2) If a person receives, by way of advances on account of an amount that may become payable to the person under section 99 in relation to the supply of a pharmaceutical benefit, an amount that exceeds the amount that becomes payable to the person under section 99 in relation to the supply of the pharmaceutical benefit, the person is liable to repay to the Commonwealth the amount of the excess.

“(3) If:

(a) a person receives an amount by way of advances on account of an amount that may become payable to the person under section 99 in relation to the supply of a pharmaceutical benefit; and

(b) no amount becomes payable to the person under section 99 in relation to the supply of the pharmaceutical benefit;

the person is liable to repay to the Commonwealth the amount so received.

“(4) Where a person is liable to repay an amount to the Commonwealth under this section, the Commonwealth may recover the amount as a debt due to the Commonwealth by action in a court of competent jurisdiction.

“(5) Where a person is liable to repay an amount to the Commonwealth under this section, an amount not exceeding that amount may be deducted from any other amount that is payable to the person under this Part and, where an amount is so deducted, the other amount shall, notwithstanding the deduction, be deemed to have been paid in full to the person.”.

NOTE

1. No. 95, 1953, as amended. For previous amendments, see No. 68, 1955; Nos. 55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No. 82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966; Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85, 1971; No. 114, 1972; Nos. 49 and 202, 1973; No. 37, 1974; Nos. 1, 13 and 93, 1975; Nos. 1, 60, 91, 99, 108, 157 and 177, 1976; Nos. 98 and 100, 1977; Nos. 36, 88, 132 and 189, 1978; Nos. 54, 91 and 122, 1979; Nos. 117 and 131, 1980; Nos. 40, 74, 92, 118, 163 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 35, 54 and 139, 1983; Nos. 46, 63, 72, 120, 135 and 165, 1984; Nos. 24, 53, 65, 70, 95, 127 and 167, 1985; and Nos. 28, 75, 94 and 115, 1986.

[Minister’s second reading speech made in—

House of Representatives on 25 February 1987

Senate on 20 March 1987