National Health Amendment (Budget Measures—Pharmaceutical Benefits Safety Net) Act 2005 (Cth)

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National Health Amendment (Budget Measures—Pharmaceutical Benefits Safety Net) Act 2005

No. 151, 2005

An Act to amend the Pharmaceutical Benefits Scheme, and for related purposes

Contents

National Health Amendment (Budget Measures—Pharmaceutical Benefits Safety Net) Act 2005

No. 151, 2005

An Act to amend the Pharmaceutical Benefits Scheme, and for related purposes

[Assented to 14 December 2005]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the National Health Amendment (Budget Measures—Pharmaceutical Benefits Safety Net) Act 2005.

2Commencement
  1. (1)

    Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.

Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

14 December 2005

2.

Schedule 1, items 1 and 2

The day on which this Act receives the Royal Assent.

14 December 2005

3.

Schedule 1, items 3 to 11

1 January 2006.

1 January 2006

4.

Schedule 1, item 12

The day on which this Act receives the Royal Assent.

14 December 2005

5.

Schedule 1, item 13

1 January 2006.

1 January 2006

6.

Schedule 2, Part 1

The day on which this Act receives the Royal Assent.

14 December 2005

7.

Schedule 2, Part 2

1 January 2006.

1 January 2006

8.

Schedule 2, Part 3

1 January 2007.

1 January 2007

9.

Schedule 2, Part 4

1 January 2008.

1 January 2008

10.

Schedule 2, Part 5

1 January 2009.

1 January 2009

11.

Schedule 2, Part 6

31 December 2009.

31 December 2009

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

  1. (2)

    Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Early supplies of pharmaceutical benefits etc.

National Health Act 1953

1

Subsection 84(1)

Insert:

early supply of a specified pharmaceutical benefit has the meaning given by subsection 84AAA(1).

2

After section 84

Insert:

84AAAEarly supply of a specified pharmaceutical benefit

  1. (1)

    A supply of a pharmaceutical benefit to a person (whether or not that supply is a supply of a kind described in paragraph 84C(4A)(a)) is an early supply of a specified pharmaceutical benefit if:

    1. (a)

      the supply is made within 20 days after the day of a previous supply of the same pharmaceutical benefit to the person (whether or not the previous supply was a supply of a kind described in paragraph 84C(4A)(a)); and

    2. (b)

      the pharmaceutical benefit is specified in an instrument under subsection (2); and

    3. (c)

      the supply does not result from a prescription originating from a hospital (within the meaning of the Health Insurance Act 1973) or a day hospital facility.

      Note: For day hospital facility see subsection 4(1).

  2. (2)

    The Minister may, by legislative instrument, specify pharmaceutical benefits for the purposes of paragraph (1)(b).

    Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

  3. (3)

    Pharmaceutical benefits may be specified in an instrument under subsection (2) by reference to:

    1. (a)

      the circumstances in which the pharmaceutical benefit is supplied; or

    2. (b)

      any other circumstances in relation to the pharmaceutical benefit.

3

After subsection 84C(4)

Insert:

  1. (4AA)

    The supply or repeated supply of a pharmaceutical benefit or repatriation pharmaceutical benefit to a person must not be taken into account for the purposes of this section if:

    1. (a)

      it is an early supply of a specified pharmaceutical benefit; and

    2. (b)

      it is not a supply of out‑patient medication.

4

Paragraph 87(2)(a)

Omit “upon a concessional benefit prescription or a concession card prescription—charge the person”, substitute:

upon:

  1. (i)

    a concessional benefit prescription; or

  2. (ii)

    an entitlement card prescription where the supply is an early supply of a specified pharmaceutical benefit; or

  3. (iii)

    a concession card prescription (other than where the supply is an early supply of a specified pharmaceutical benefit);

charge the person

5

After subsection 87(2)

Insert:

  1. (2AAA)

    Paragraphs (2)(b) and (c) do not apply to an early supply of a specified pharmaceutical benefit.

6

Paragraph 87(2)(e)

Omit “upon a general benefit prescription other than one relating to a supply to which paragraph (b) or (c) applies”, substitute “upon a general benefit prescription (other than one relating to a supply to which paragraph (b) or (c) applies), or a concession card prescription (where the supply is an early supply of a specified pharmaceutical benefit)”.

7

At the end of subsection 87(2AB)

Add:

  1. ; and (e)

    any amount charged in respect of an early supply of a specified pharmaceutical benefit (other than a supply of out‑patient medication) is to be disregarded.

8

Subsection 87(5)

Omit “, not being a holder of an entitlement card,”.

9

After subsection 87(5)

Insert:

  1. (5A)

    Subsection (5) does not apply to a supply if:

    1. (a)

      the patient is the holder of an entitlement card; and

    2. (b)

      the supply is not an early supply of a specified pharmaceutical benefit.

10

Paragraph 99(2)(a)

After “entitlement card prescription”, insert “, and the supply was not an early supply of a specified pharmaceutical benefit”.

11

Subsection 99(2A)

Omit “other than in a case to which subsection (2AB) applies”, substitute “(other than in a case to which subsection (2AB) applies), or a supply of a pharmaceutical benefit is an early supply of a specified pharmaceutical benefit upon a concession card prescription,”.

12

After subsection 101(3)

Insert:

  1. (3AA)

    The Pharmaceutical Benefits Advisory Committee must make recommendations to the Minister from time to time about what should be specified in a determination under subsection 84AAA(2).

  2. (3AB)

    Subsection (3AA) does not limit subsection (3).

13

Application

The amendments made by this Schedule apply to an early supply of a specified pharmaceutical benefit made on or after 1 January 2006, regardless whether it is an early supply of a specified pharmaceutical benefit because of another supply of a pharmaceutical benefit or repatriation pharmaceutical benefit that was made before 1 January 2006.

Schedule 2Amount of safety netPart 1Amendments commencing on Royal Assent

National Health Act 1953

1

Subsection 84C(1AA)

Omit “is $874.90”, substitute “is the amount of the general patient safety net (within the meaning of section 99F)”.

2

Subsection 84C(1AA)

Omit “than $874.90”, substitute “than the amount of the general patient safety net”.

3

Paragraph 87(2)(b)

Omit “than $874.90”, substitute “than the amount of the general patient safety net (within the meaning of section 99F)”.

4

Paragraph 87(2)(c)

Omit “than $874.90”, substitute “than the amount of the general patient safety net (within the meaning of section 99F)”.

5

Section 99F (definition of general patient safety net)

Repeal the definition, substitute:

general patient safety net means $874.90.

6

Section 99F

Insert:

general patient safety net base amount means $874.90.

7

Subsection 99G(1) (table item 4)

Omit “General patient safety net”, substitute “General patient safety net base amount”.

Part 2Amendments commencing on 1 January 2006

National Health Act 1953

  1. 8

    Section 99F (definition of concessional beneficiary safety net)

    Omit “52”, substitute “54”.

  2. 9

    Section 99F (definition of general patient safety net)

    Repeal the definition, substitute:

    general patient safety net means the general patient safety net base amount plus 2 times the amount of the general patient charge.

Part 3Amendments commencing on 1 January 2007

National Health Act 1953

  1. 10

    Section 99F (definition of concessional beneficiary safety net)

    Omit “54”, substitute “56”.

  2. 11

    Section 99F (definition of general patient safety net)

    Omit “2”, substitute “4”.

Part 4Amendments commencing on 1 January 2008

National Health Act 1953

  1. 12

    Section 99F (definition of concessional beneficiary safety net)

    Omit “56”, substitute “58”.

  2. 13

    Section 99F (definition of general patient safety net)

    Omit “4”, substitute “6”.

Part 5Amendments commencing on 1 January 2009

National Health Act 1953

  1. 14

    Section 99F (definition of concessional beneficiary safety net)

    Omit “58”, substitute “60”.

  2. 15

    Section 99F (definition of general patient safety net)

    Omit “6”, substitute “8”.

Part 6Amendments commencing on 31 December 2009

National Health Act 1953

  1. 16

    Section 99F (definition of general patient safety net)

    Repeal the definition, substitute:

    general patient safety net means the amount that was the general patient safety net immediately before 31 December 2009.

  2. 17

    Section 99F (definition of general patient safety net base amount)

    Repeal the definition.

18

Subsection 99G(1) (table item 4)

Omit “General patient safety net base amount”, substitute “General patient safety net”.

[Minister’s second reading speech made in—

House of Representatives on 14 September 2005

Senate on 7 November 2005]

(161/05)

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