National Health (Pharmaceutical Benefits) Regulations 1960 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
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.
For more information about any editorial changes made in this compilation, see the endnotes.
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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
These Regulations are the
National Health (Pharmaceutical Benefits) Regulations 1960 .
These Regulations shall come into operation on 1 March 1960.
(1) In these Regulations, unless the contrary intention appears:
applicable amount has the same meaning as in Part VII of the Act.approved electronic communication means an electronic communication of a kind approved in writing by the Secretary under regulation 5E for the purposes of the provision in which the expression is used.approved hospital means a hospital in respect of which the hospital authority is approved under section 94 of the Act.approved hospital authority has the meaning given by subsection 84(1) of the Act.approved information technology requirements means information technology requirements of a kind approved in writing by the Secretary under regulation 5F for the purposes of the provision in which the expression is used.approved medical practitioner means a medical practitioner approved under section 92 of the Act.approved pharmacist has the meaning given by subsection 84(1) of the Act.Note: The definition in subsection 84(1) of the Act provides that
approved pharmacist means a person for the time being approved under section 90 of the Act and includes certain other persons described in that definition. Under paragraph 91(7)(a) of the Act, a person granted permission to supply pharmaceutical benefits under subsection 91(1) of the Act is to be treated as if the person is approved under section 90 of the Act as an approved pharmacist. Under paragraph 91(7)(c) of the Act, references in the Act to an approval granted under section 90 of the Act include references to an approval treated as having been granted under section 90 by paragraph 91(7)(a) of the Act.approved supplier has the same meaning as in Part VII of the Act.authorised midwife has the meaning given by subsection 84(1) of the Act.authorised nurse practitioner has the meaning given by subsection 84(1) of the Act.authorised optometrist has the meaning given by subsection 84(1) of the Act.authority prescription means a prescription that prescribes a pharmaceutical benefit and that has been authorised:(a) in accordance with subregulation 13(5); or
(b) in accordance with authority required procedures that:
(i) are part of the circumstances determined by the Minister under paragraph 85(7)(b) of the Act for the pharmaceutical benefit; or
(ii) are part of the conditions determined by the Minister under subsection 85A(2A) of the Act for the pharmaceutical benefit; or
(iii) are incorporated by reference into the circumstances determined for the pharmaceutical benefit under subsection 85B(4) of the Act.
brand , for a pharmaceutical item, means a brand of the pharmaceutical item within the meaning of subsection 84(1) of the Act.Commonwealth price has the same meaning as in Part VII of the Act.concessional beneficiary has the same meaning as in Part VII of the Act.concession card has the same meaning as in Part VII of the Act.CTS claim has the meaning given by subsection 84(1) of the Act.data collection period , for a brand of a pharmaceutical item: see regulation 37C.deferred supply authorisation means a deferred supply authorisation prepared under paragraph 26A(2)(a).delisted brand , of a pharmaceutical item: a listed brand of a pharmaceutical item becomes a delisted brand when a determination made under subsection 85(6) of the Act is no longer in force for that brand.dependant , in relation to a concessional beneficiary, has the same meaning as in Part VII of the Act.drug in a pharmaceutical item has the same meaning as in Part VII of the Act.electronic communication has the meaning given by subsection 5(1) of theElectronic Transactions Act 1999 .electronic order form means a form that is approved in writing by the Secretary under subparagraph 16(1)(b)(ii) for the purposes of lodging an order under paragraph 16(1)(b).electronic prescription means a prescription that is prepared and submitted:(a) in accordance with approved information technology requirements (if any), by means of an approved electronic communication; and
(b) in accordance with the appropriate form under:
(i) sub‑subparagraph 19(1)(a)(iia)(B) (prescriptions other than medication chart prescriptions); or
(ii) subregulation 19AA(5) (medication chart prescriptions).
entitlement card has the same meaning as in Part VII of the Act.final day , in relation to a data collection period, means the last day of the data collection period.incentive , for a brand of a pharmaceutical item, includes anything given as an incentive to take supply of the brand (including a delisted brand before it was delisted) whether the incentive is given:(a) before the supply of the brand, but on condition of taking supply; or
(b) at, or after, the time of the supply of the brand; or
(c) over a period of time; or
(d) directly for the brand; or
(e) indirectly for the brand (for a group of brands of pharmaceutical items or other products, for example).
information technology requirements has the meaning given by subsection 5(1) of theElectronic Transactions Act 1999 .initial month , for a brand of a pharmaceutical item that was not a listed brand immediately before the brand’s start day, means the first month of the brand’s first data collection period.last listed brand , of a pharmaceutical item, means the brand of the pharmaceutical item that was the last to become a delisted brand before the final day.Medicare Australia/DVA copy , for a paper‑based prescription, means the duplicate of the prescription on which appear the words ‘Medicare Australia/DVA copy’.medicare number has the same meaning as in Part VII of the Act.medication chart has the meaning given by subregulation 19AA(4).medication chart prescription has the meaning given by subregulation 19AA(1).optometrist has the meaning given by subsection 84(1) of the Act.out‑patient medication has the same meaning as in Part VII of the Act.paper‑based prescription means a prescription that is prepared in duplicate in accordance with subparagraph 19(1)(a)(i), (ii) or (iii).participating dental practitioner has the same meaning as in Part VII of the Act.PBS prescriber has the meaning given by subsection 84(1) of the Act.pharmaceutical benefit has the same meaning as in Part VII of the Act.pharmaceutical item has the same meaning as in Part VII of the Act.pharmaceutical item has a drug has the same meaning as in Part VII of the Act.pharmacist/patient copy , for a paper‑based prescription, means the original of the prescription on which appear the words ‘pharmacist/patient copy’.price adjustment means an adjustment under:(a) a price agreement; or
(b) a price determination; or
(c) Division 3A of Part VII of the Act.
price sampling day : see regulation 37D.public hospital has the same meaning as in Part VII of the Act.public hospital authority has the same meaning as in Part VII of the Act.ready‑prepared pharmaceutical benefit means a pharmaceutical benefit in respect of which a determination made under subsection 85(6) of the Act is in force.record form has the same meaning as in Part VII of the Act.related brand , of a brand of a pharmaceutical item, means a brand of a pharmaceutical item that has the same drug and manner of administration as the first pharmaceutical item (including another brand of the same pharmaceutical item), but does not include a brand of an exempt item.Note: For the definition of
exempt item , see subsection 84(1) of the Act.relevant entitlement period has the same meaning as in Part VII of the Act.repatriation pharmaceutical benefit has the same meaning as in Part VII of the Act.repeat authorisation means a repeat authorisation prepared under subparagraph 26(1A)(a)(i).repeat authorisation form means the form mentioned in subparagraph 26 (1A)(a)(i).residential care has the meaning given by section 41–3 of theAged Care Act 1997 .residential care service has the same meaning as in theAged Care Act 1997 .responsible person has the same meaning as in Part VII of the Act.special patient contribution has the same meaning as in Part VII of the Act.start day , for a brand of a pharmaceutical item, means the day on which the brand was first required to comply with the price disclosure requirements under section 99ADD of the Act.the Act means theNational Health Act 1953 .(2) In these Regulations, unless the contrary intention appears, a reference to prescribing or to the writing of a prescription shall be read as a reference to the writing of a prescription for the supply of a pharmaceutical benefit under Part VII of the Act.
(3) In these Regulations, unless the contrary intention appears:
(a) a reference to the holder of a concession card or an entitlement card shall be read as a reference to a person who is, by virtue of section 84G of the Act, to be taken to be a holder of the card;
(aa) a reference to the original holder of a concession card is a reference to the person to whom a concession card has been issued under section 84DA of the Act;
(b) a reference to the original holder of an entitlement card shall be read as a reference to the person to whom an entitlement card has been issued under section 84E of the Act; and
(c) a reference to a member of the family of a person shall be read as a reference to a person who is a member of that family within the meaning of section 84B of the Act.
A reference in these Regulations to writing or preparing a prescription, a repeat authorisation or a deferred supply authorisation, whether the expression
writing ,preparing or any other expression is used, is taken to include:
(a) for an electronic prescription—writing or preparing the prescription by means of an electronic form approved by the Secretary under sub‑subparagraph 19(1)(a)(iia)(B) or subregulation 19AA(5) for the purposes of writing an electronic prescription; and
(b) for a repeat authorisation that relates to an electronic prescription—writing or preparing the authorisation by means of an electronic form authorised by the Secretary under subparagraph 26(1A)(a)(i) for the supply of a pharmaceutical benefit under an electronic prescription; and
(c) for a deferred supply authorisation that relates to an electronic prescription—writing or preparing the authorisation by means of an electronic form authorised by the Secretary under paragraph 26A(2)(a) for deferring the supply of a pharmaceutical benefit under an electronic prescription.
A reference in these Regulations to the day or date on which a prescription is written by a PBS prescriber or the day or date on which a pharmaceutical benefit is prescribed is, in relation to an electronic prescription, the day or date on which the prescription is signed by the PBS prescriber.
(1) If, under these Regulations, a person is required to write information on a prescription, a repeat authorisation, a deferred supply authorisation or an order form, that requirement is taken to have been met in relation to an electronic prescription, an authorisation that relates to an electronic prescription or an electronic order form, if the person gives the information:
(a) in accordance with approved information technology requirements (if any); and
(b) by means of an approved electronic communication.
(2) This regulation applies to a requirement to write information on a prescription, a repeat authorisation, a deferred supply authorisation or an order form, whether the expression
write ,certify ,endorse, identify ,indicate ,mark ,specify ,state , or any other expression is used.
If, under these Regulations, a prescription is required to be given or presented to an approved supplier for the purpose of supplying a pharmaceutical benefit to the person for whom the prescription was written, that requirement is taken to have been met in relation to an electronic prescription if:
(a) the person who will receive the pharmaceutical benefit (whether or not for the person’s own use) requests the approved supplier to supply the pharmaceutical benefit; and
(b) the approved supplier consents, within the meaning of subsection 5(1) of the
Electronic Transactions Act 1999 , to the prescription being given or presented, in accordance with approved information technology requirements (if any), by means of an approved electronic communication; and(c) the prescription is accessible by the approved supplier.
The Secretary may, in writing, approve a kind of electronic communication for 1 or more of the following purposes:
(a) preparing or submitting an electronic prescription;
(b) giving information, for the purposes of these Regulations, in relation to an electronic prescription, an authorisation that relates to an electronic prescription or an electronic order form;
(c) giving or presenting an electronic prescription to an approved supplier under these Regulations;
(d) submitting an electronic prescription to the Minister in accordance with paragraph 13(3)(b);
(e) lodging an order with an approved pharmacist to obtain a pharmaceutical benefit for the purpose of section 93, 93AA or 93AB of the Act;
(f) submitting a receipt for a pharmaceutical benefit received under paragraph 16(1)(b);
(g) giving an acknowledgment under these Regulations for the supply of a pharmaceutical benefit under an electronic prescription or an authorisation that relates to an electronic prescription;
(h) doing any other thing that is required or permitted to be done for the purposes of these Regulations.
The Secretary may, in writing, approve information technology requirements for 1 or more of the following purposes:
(a) preparing and submitting an electronic prescription;
(b) giving information, for the purposes of these Regulations, in relation to an electronic prescription, an authorisation that relates to an electronic prescription or an electronic order form;
(c) giving or presenting an electronic prescription to an approved supplier under these Regulations;
(d) lodging an order with an approved pharmacist to obtain a pharmaceutical benefit for the purpose of section 93, 93AA or 93AB of the Act;
(e) submitting a receipt for a pharmaceutical benefit received under paragraph 16(1)(b);
(f) giving an acknowledgment under these Regulations for the supply of a pharmaceutical benefit under an electronic prescription or an authorisation that relates to an electronic prescription;
(g) doing any other thing that is required or permitted to be done for the purposes of these Regulations.
The Minister, in the case of a hospital authority, and the Secretary, in the case of a pharmacist or medical practitioner, may refuse to entertain an application for approval under Part VII of the Act unless the application:
(a) in the case of an application for approval of a pharmacist—is in accordance with a form approved in writing by the Secretary;
(b) in the case of an application for approval of a hospital authority—is in accordance with a form approved in writing by the Secretary; and
(c) in the case of an application for approval of a medical practitioner—is in accordance with a form approved in writing by the Secretary.
The following applications must be made in a form acceptable to the Secretary:
(a) an application for approval as an authorised optometrist under subsection 84AAB(1) of the Act;
(b) an application for approval as an authorised midwife under subsection 84AAF(1) of the Act;
(c) an application for approval as an authorised nurse practitioner under subsection 84AAJ(1) of the Act.
(1) If the Secretary approves:
(a) a dental practitioner under section 84A of the Act; or
(aa) an optometrist under section 84AAB of the Act; or
(ab) an eligible midwife under section 84AAF of the Act; or
(ac) an eligible nurse practitioner under section 84AAJ of the Act; or
(b) a pharmacist under section 90 of the Act; or
(c) a medical practitioner under section 92 of the Act;
he or she may allot a number to that approval.
(1A) If the Secretary grants permission to a person to supply pharmaceutical benefits under subsection 91(1) of the Act, he or she may allot a number to the approval that, under paragraph 91(7)(a) of the Act, is treated as having been granted to the person under section 90 of the Act.
(1B) If the Minister substitutes for a decision of the Secretary to which section 90A of the Act applies a decision approving a pharmacist for the purpose of supplying pharmaceutical benefits at or from particular premises, the Minister may allot a number to that approval.
(2) If the Minister approves a hospital authority under section 94 of the Act he or she may allot a number to that approval.
(1) If the approval of an approved pharmacist is suspended, revoked or cancelled, the pharmacist must not, in any way, indicate that he or she has been, or is, approved to supply pharmaceutical benefits.
Penalty: 1 penalty unit.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1) For the purposes of paragraph 84DA(3)(b) of the Act, the following particulars are prescribed in relation to an application under subsection 84DA(1) or (2) of the Act:
(a) the full name of the applicant;
(b) the residential address of the applicant;
(c) the full name of each person who is a member of the applicant’s family;
(d) the relationship of each person referred to in paragraph (c) to the applicant;
(e) the date on which the application is made;
(f) the medicare number of the applicant.
(2) For the purposes of paragraph 84DA(3)(b) of the Act, the following documents are prescribed in relation to an application under subsection 84DA(1) or (2) of the Act:
(a) record forms issued to the applicant or to a member of the applicant’s family that:
(i) record the value of pharmaceutical benefits, repatriation pharmaceutical benefits and out‑patient medication supplied to the applicant, or to a member of the applicant’s family, during the relevant entitlement period to which the application relates; and
(ii) bear a statement signed by the applicant declaring that the pharmaceutical benefits, repatriation pharmaceutical benefits and out‑patient medication recorded in the form were so supplied;
(b) in respect of any other pharmaceutical benefit, repatriation pharmaceutical benefit or out‑patient medication so supplied, any document that establishes the value of that pharmaceutical benefit, repatriation pharmaceutical benefit or out‑patient medication.
(1) A person whose concession card has been lost, stolen, damaged or destroyed may apply for an additional concession card to the Secretary.
(2) A person who is a holder of a concession card, other than a person referred to in subregulation (1), may apply for an additional concession card to:
(a) the Secretary; or
(b) where the original concession card was issued by an approved pharmacist, approved medical practitioner, public hospital authority or approved hospital authority—that approved pharmacist, approved medical practitioner, public hospital authority or approved hospital authority.
(3) An application under subregulation (1) or (2) for an additional concession card must:
(a) be in accordance with the form approved by the Secretary; and
(b) set out:
(i) the full name of the applicant; and
(ii) the residential address of the applicant; and
(iii) the full name of each person (other than the applicant) who is a member of the family of the original holder of the concession card and the relationship of that person to the original holder; and
(iv) the number (if known to the applicant) of any other concession card held by a member of the family of the original holder of the concession card; and
(v) if the application is made under subregulation (1)—the number (if known to the applicant) of the concession card that the applicant holds; and
(vi) the medicare number of the applicant; and
(c) be signed and dated by the applicant; and
(d) be accompanied by the original concession card unless the application is made under subregulation (1).
(4) Where, on an application to a person for the issue of an additional concession card, the person is satisfied, having regard to:
(a) the matters contained in the application; and
(b) any other relevant matters;
that an additional concession card should be issued to the applicant, the person must issue an additional concession card to the applicant.
(1) An original holder of a concession card may apply for the issue of a replacement card.
(2) An application under subregulation (1) must:
(a) be made, in accordance with the form approved by the Secretary, to:
(i) the Secretary; or
(ii) where the original concession card was issued by an approved pharmacist, approved medical practitioner, public hospital authority or approved hospital authority—that approved pharmacist, approved medical practitioner, public hospital authority or approved hospital authority; and
(b) set out:
(i) the full name of the applicant; and
(ii) the residential address of the applicant; and
(iii) the full name of any new family member and his or her relationship to the applicant; and
(iv) the medicare number of the applicant; and
(c) be signed and dated by the applicant; and
(d) be accompanied by the original concession card unless the application is made to the Secretary.
(3) Where, on an application to a person for the issue of a replacement card, the person is satisfied, having regard to:
(a) the matters contained in the application; and
(b) any other relevant matters;
that:
(c) the applicant is the original holder of the concession card to which the application relates; and
(d) each person identified in the application in accordance with subparagraph (2)(b)(iii) became, after the issue of that concession card and during the relevant entitlement period in respect of which that card was issued, a member of the original card holder’s family;
the person must issue a replacement concession card to the applicant.
(1) Where an approved pharmacist, approved medical practitioner, public hospital authority or approved hospital authority makes:
(a) a decision under regulation 9AB refusing to issue an additional concession card; or
(b) a decision under regulation 9AC refusing to issue a replacement concession card;
the applicant may apply to the Secretary under subregulation 9AB(2) or regulation 9AC for the issue of the additional concession card or replacement concession card, as the case requires.
(2) Where the Secretary makes:
(a) a decision under regulation 9AB refusing to issue an additional concession card; or
(b) a decision under regulation 9AC refusing to issue a replacement concession card;
the Secretary must, by notice in writing, inform the applicant of the making of, and reasons for, the decision.
(3) A notice under subregulation (2) must include a statement to the effect:
(a) that an application may be made, subject to the
Administrative Appeals Tribunal Act 1975 , by or on behalf of a person whose interests are affected by the decision, to the Administrative Appeals Tribunal for review of the decision; and(b) that a person whose interests are affected by the decision may, except where subsection 28(4) of that Act applies, request a statement under section 28 of that Act.
(4) A failure to comply with subregulation (3) in relation to a decision does not affect the validity of the decision.
An application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary:
(a) refusing to issue an additional concession card under regulation 9AB; or
(b) refusing to issue a replacement concession card under regulation 9AC.
For subsection 84DA(5) of the Act, each office mentioned in Schedule 6 is a prescribed office.
(1) For the purposes of paragraph 84D(3)(b) of the Act, the following particulars of the person to whom a record form is issued are prescribed particulars:
(a) the Christian or given names and the surname of the person;
(b) the address of the person.
(2) For the purposes of subsection 84D(4) of the Act, the following particulars of a person who is a member of the family of a person to whom a record form is issued are prescribed particulars:
(a) the Christian or given names and the surname of the person;
(b) the relationship of the person to the person to whom the record form is issued.
(4) For the purposes of paragraph 84D(7)(c) of the Act, the following particulars in relation to the supply of a pharmaceutical benefit or repatriation pharmaceutical benefit are prescribed:
(a) the code number set out in relation to that pharmaceutical benefit or repatriation pharmaceutical benefit in the Schedule of Pharmaceutical Benefits published by the Department;
(b) the number allotted under regulation 8A to the approval of the approved pharmacist, approved medical practitioner or approved hospital authority supplying the pharmaceutical benefit or repatriation pharmaceutical benefit;
(c) the maximum value of the pharmaceutical benefit or repatriation pharmaceutical benefit for safety net purposes.
(4A) For the purposes of paragraph 84D(11)(c) of the Act, the following particulars in relation to the supply of out‑patient medication are prescribed:
(a) particulars that identify the medication;
(b) particulars that identify the public hospital at which the medication was supplied;
(c) the applicable amount.
(5) The maximum value of a pharmaceutical benefit for safety net purposes is:
(a) if the price of the pharmaceutical benefit is charged under paragraph 87(2)(a), (b) or (c) of the Act:
(i) the price mentioned for the prescription in the relevant paragraph of subsection 87(2) of the Act as in force when the price is charged; or
(ii) if the price charged is less than the amount mentioned in subparagraph (i)—the amount of the price charged; or
(b) if the price of the pharmaceutical benefit is charged under paragraph 87(2)(e) of the Act:
(i) the price mentioned for the prescription in paragraph 87(2)(e) of the Act as in force when the price is charged; or
(ii) if the agreed price, within the meaning of subsection 84C(6) of the Act as in force when the price is charged, of the pharmaceutical benefit is less than the amount mentioned in subparagraph (i)—the amount of the agreed price; or
(iii) if the price charged is less than the amount mentioned in subparagraph (i) and less than the agreed price mentioned in subparagraph (ii)—the amount of the price charged.
(6) The maximum value of a repatriation pharmaceutical benefit for safety net purposes is the amount charged for the benefit in accordance with a scheme referred to in subsection 91(1) of the
Veterans’ Entitlements Act 1986 .
(1) For the purposes of paragraph 84E(3)(b) of the Act, the following particulars are prescribed in relation to an application under subsection 84E(1) or (2) of the Act:
(a) the full name of the applicant;
(b) the residential address of the applicant;
(c) the full name of each person who is a member of the applicant’s family;
(d) the relationship of each person referred to in paragraph (c) to the applicant;
(e) the date on which the application is made;
(f) the medicare number of the applicant.
(2) For the purposes of paragraph 84E(3)(b) of the Act, the following documents are prescribed in relation to an application under subsection 84E(1) or (2) of the Act:
(a) record forms issued to the applicant or to a member of the applicant’s family that:
(i) record the value of pharmaceutical benefits, repatriation pharmaceutical benefits and out‑patient medication supplied to the applicant, or to a member of the applicant’s family, during the relevant entitlement period to which the application relates; and
(ii) bear a statement signed by the applicant declaring that the pharmaceutical benefits, repatriation pharmaceutical benefits and out‑patient medication recorded in the forms were so supplied;
(b) in respect of any other pharmaceutical benefit, repatriation pharmaceutical benefit or out‑patient medication so supplied, any document that establishes the value of that pharmaceutical benefit, repatriation pharmaceutical benefit or out‑patient medication.
For subsection 84E(5) of the Act, each office mentioned in Schedule 6 is a prescribed office.
(1) A person whose entitlement card has been lost, stolen, damaged or destroyed may apply for an additional entitlement card to the Secretary.
(2) A person who is a holder of a entitlement card, other than a person referred to in subregulation (1), may apply for an additional entitlement card to:
(a) the Secretary; or
(b) where the original entitlement card was issued by an approved pharmacist, approved medical practitioner, public hospital authority or approved hospital authority—that approved pharmacist, approved medical practitioner, public hospital authority or approved hospital authority.
(3) An application under subregulation (1) or (2) for an additional entitlement card must:
(a) be in accordance with the form approved by the Secretary; and
(b) set out:
(i) the full name of the applicant; and
(ii) the residential address of the applicant; and
(iii) the full name of each person (other than the applicant) who is a member of the family of the original holder of the entitlement card and the relationship of that person to the original holder; and
(iv) the number (if known to the applicant) of any other entitlement card held by a member of the family of the original holder of the entitlement card; and
(v) if the application is made under subregulation (1)—the number (if known to the applicant) of the entitlement card that the applicant holds; and
(vi) the medicare number of the applicant; and
(c) be signed and dated by the applicant; and
(d) be accompanied by the original entitlement card unless the application is made under subregulation (1).
(4) Where, on an application to a person for the issue of an additional entitlement card, the person is satisfied, having regard to:
(a) the matters contained in the application; and
(b) any other relevant matters;
that an additional entitlement card should be issued to the applicant, the person must issue an additional entitlement card to the applicant.
(1) An original holder of a entitlement card may apply for the issue of a replacement card.
(2) An application under subregulation (1) must:
(a) be made, in accordance with the form approved by the Secretary, to:
(i) the Secretary; or
(ii) where the original entitlement card was issued by an approved pharmacist, approved medical practitioner, public hospital authority or approved hospital authority—that approved pharmacist, approved medical practitioner, public hospital authority or approved hospital authority; and
(b) set out:
(i) the full name of the applicant; and
(ii) the residential address of the applicant; and
(iii) the full name of any new family member and his or her relationship to the applicant; and
(iv) the medicare number of the applicant; and
(c) be signed and dated by the applicant; and
(d) be accompanied by the original entitlement card unless the application is made to the Secretary.
(3) Where, on an application to a person for the issue of a replacement card, the person is satisfied, having regard to:
(a) the matters contained in the application; and
(b) any other relevant matters;
that:
(c) the applicant is the original holder of the entitlement card to which the application relates; and
(d) each person identified in the application in accordance with subparagraph (2)(b)(iii) became, after the issue of that entitlement card and during the relevant entitlement period in respect of which that card was issued, a member of the original card holder’s family;
the person must issue a replacement entitlement card to the applicant.
(1) Where an approved pharmacist, approved medical practitioner, public hospital authority or approved hospital authority makes:
(a) a decision under regulation 9C refusing to issue an additional entitlement card; or
(b) a decision under regulation 9D refusing to issue a replacement entitlement card;
the applicant may apply to the Secretary under subregulation 9C(2) or regulation 9D for the issue of the additional entitlement card or replacement entitlement card, as the case requires.
(2) Where the Secretary makes:
(a) a decision under regulation 9C refusing to issue an additional entitlement card; or
(b) a decision under regulation 9D refusing to issue a replacement entitlement card;
the Secretary must, by notice in writing, inform the applicant of the making of, and reasons for, the decision.
(3) A notice under subregulation (2) must include a statement to the effect:
(a) that an application may be made, subject to the
Administrative Appeals Tribunal Act 1975 , by or on behalf of a person whose interests are affected by the decision, to the Administrative Appeals Tribunal for review of the decision; and(b) that a person whose interests are affected by the decision may, except where subsection 28(4) of that Act applies, request a statement under section 28 of that Act.
(4) A failure to comply with subregulation (3) in relation to a decision does not affect the validity of the decision.
An application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary:
(a) refusing to issue an additional entitlement card to a person under regulation 9C; or
(b) refusing to issue a replacement entitlement card to a person under regulation 9D.
(1) For subsection 85A(3) of the Act, the Minister may vary the application of a determination under paragraph 85A(2)(a) or (b) of the Act in relation to a practitioner in the class covered by subregulation (2).
(2) A practitioner is in the class covered by this subregulation if:
(a) the practitioner has written a prescription, in accordance with regulation 19 or 19AA (disregarding paragraphs 19(1)(b) and 19AA(3)(a) to (c)), that:
(i) is not in accordance with a determination mentioned in subregulation (1); and
(ii) in the case of a medication chart prescription—is written for a person who is receiving treatment in or at an approved hospital; and
(b) the prescription is submitted to the Minister in accordance with subregulation (3).
(3) A prescription is submitted in accordance with this subregulation if:
(a) the practitioner, or an employee of the practitioner, submits:
(i) the prescription itself; or
(ii) for a medication chart prescription that is not an electronic prescription—the medication chart by which the prescription was written, or a copy of so much of that chart as would indicate that subregulation 19AA(2) has been complied with; or
(b) the practitioner submits details of the prescription:
(i) by telephone; or
(ii) by means of an approved electronic communication.
(5) A variation under subregulation (1) in relation to a practitioner may be made:
(a) for a paper‑based prescription (other than a prescription submitted in accordance with paragraph (3)(b))—by the Minister signing his or her authorisation of the prescription on it and:
(i) if the Minister requires the practitioner to alter the prescription—by returning it to the practitioner for alteration before the practitioner gives it to the person in respect of whom it was prepared; or
(ii) by returning it to the practitioner; or
(iii) if requested by the practitioner—by sending it to the person in respect of whom it was written; or
(aaa) for a medication chart prescription (other than an electronic prescription or a prescription submitted in accordance with paragraph (3)(b))—by the Minister:
(i) signing his or her authorisation of the prescription on the medication chart, or the copy of the medication chart, submitted in accordance with subparagraph (3)(a)(ii); and
(ii) if the Minister requires the practitioner to alter the prescription—indicating this on the medication chart or copy; and
(iii) returning the medication chart or copy to the practitioner; or
(aa) for an electronic prescription (other than a prescription submitted in accordance with paragraph (3)(b))—by the Minister writing his or her authorisation of the prescription on the electronic prescription and:
(i) if the Minister requires the practitioner to alter the prescription—by returning it, including by means of an electronic communication, to the practitioner for alteration; or
(ii) by returning it, including by means of an electronic communication, to the practitioner; or
(iii) if requested by the practitioner—by making the prescription accessible by the person in respect of whom it was written, or by an approved supplier for the purpose of supplying a pharmaceutical benefit to the person in respect of whom the prescription was written; or
(b) if a prescription is submitted in accordance with subparagraph (3)(b)(i) by telephone—by the Minister authorising the prescription orally, at the time the Minister is given details of the prescription; or
(c) if a prescription is submitted in accordance with subparagraph (3)(b)(ii) by means of an electronic communication—by the Minister sending his or her authorisation of the prescription, by electronic communication, to the practitioner.
(6) If the Minister makes a variation in accordance with paragraph (5)(b) or (c):
(a) the Minister must tell the practitioner, orally or by electronic communication, the number that has been allotted to the authorised prescription; and
(b) the practitioner must:
(i) mark that number on the prescription; and
(ii) retain the prescription, or a copy of the prescription showing the number marked in accordance with subparagraph (i), for 1 year from the date on which the variation was made.
(7) For subparagraph (6)(b)(ii), the date on which the Minister makes a variation in relation to a person in respect of whom a practitioner submits an electronic prescription is:
(a) for a variation in accordance with paragraph (5)(b)—the date on which the Minister tells the practitioner the number that has been allotted to the authorised prescription; and
(b) for a variation in accordance with paragraph (5)(c)—the date on which the Minister sends, by means of an electronic communication, his or her authorisation of the prescription to the practitioner.
(8) In this regulation:
practitioner means any of the following:(a) an authorised optometrist;
(b) a medical practitioner;
(c) an authorised midwife;
(d) an authorised nurse practitioner.
In this Part:
practitioner means any of the following:
(a) a medical practitioner;
(b) an authorised midwife;
(c) an authorised nurse practitioner.
A practitioner who is practising his or her profession on a ship is not authorised to supply pharmaceutical benefits under section 93, 93AA or 93AB of the Act.
(1) For sections 93, 93AA and 93AB of the Act, a practitioner who is not an approved medical practitioner may obtain a pharmaceutical benefit only if he or she lodges with an approved pharmacist:
(a) an order, in duplicate, signed by the practitioner, in accordance with a form approved in writing by the Secretary; or
(b) an order, in accordance with subregulation (1A), that is:
(i) signed by the practitioner; and
(ii) in accordance with an electronic form approved in writing by the Secretary.
(1A) For paragraph (1)(b), an order is lodged with an approved pharmacist if:
(a) it is lodged in accordance with any approved information technology requirements and by an approved electronic communication; and
(b) the practitioner, or an agent of the practitioner, who will receive the pharmaceutical benefit asks the approved pharmacist to supply the pharmaceutical benefit under the order; and
(c) the approved pharmacist consents, within the meaning of subsection 5(1) of the
Electronic Transactions Act 1999 , to the order being lodged, in accordance with any approved information technology requirements and by an approved electronic communication; and(d) the order is accessible by the approved pharmacist.
(2) A practitioner who is not an approved medical practitioner may obtain a pharmaceutical benefit under subregulation (1) only once in a calendar month.
(3) A practitioner, or an agent of a practitioner, who receives a pharmaceutical benefit under subregulation (1), must:
(a) prepare a receipt for the benefit supplied, using the part of the order form identified for that purpose, that includes the following information:
(i) the date of supply of the benefit;
(ii) if the benefit is received by an agent of the practitioner—the agent’s address; and
(b) if the order is lodged in accordance with paragraph (1)(a)—give the receipt to the approved pharmacist supplying the benefit; and
(c) if the order is lodged in accordance with paragraph (1)(b):
(i) submit the receipt, in accordance with any approved information technology requirements and by an approved electronic communication; and
(ii) ensure the receipt is accessible by the approved pharmacist supplying the benefit.
(1) An approved pharmacist commits an offence if:
(a) he or she supplies a pharmaceutical benefit on an order lodged under regulation 16; and
(b) neither of the following circumstances applies:
(i) the pharmacist knows the practitioner whose signature appears on the order;
(ii) if he or she does not know the practitioner, the pharmacist:
(A) is given the full name and address of the practitioner by the person who lodged the order; and
(B) if the practitioner is a medical practitioner—is given the medical registration number of the practitioner by the person who lodged the order; and
(C) for any other practitioner—is given the number allotted to the approval for the practitioner by the Secretary under subregulation 8A(1) by the person who lodged the order; and
(D) writes on the order form the details mentioned in sub‑subparagraphs (A), (B) and (C).
Penalty: 0.4 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(1) An approved pharmacist who supplies a pharmaceutical benefit to a practitioner on an order under regulation 16 is entitled to be paid by the Commonwealth for the supply the sum of:
(a) the Commonwealth price of the pharmaceutical benefit; and
(b) the special patient contribution for a brand of the pharmaceutical item that is the pharmaceutical benefit (if any).
(2) Payment by the Commonwealth under subregulation (1) is subject to the conditions set out in a determination under paragraph 98C(1)(b) of the Act that is in force at the time the benefit is supplied, as if the benefit had been supplied other than under section 93, 93AA, or 93AB of the Act.
Offence—obtaining pharmaceutical benefit for purposes of section 93 of the Act by lodging order under regulation 16 (1) An approved medical practitioner commits an offence if he or she obtains a pharmaceutical benefit for the purpose of section 93 of the Act by lodging with an approved pharmacist an order under regulation 16.
Penalty: 0.2 penalty units.
Offence—obtaining pharmaceutical benefit for purposes of section 93 of the Act more than once each month (2) An approved medical practitioner commits an offence if he or she obtains a pharmaceutical benefit for the purpose of section 93 of the Act more than once in each month.
Penalty: 0.2 penalty units.
Offence—not giving notice of obtaining pharmaceutical benefit for purposes of section 93 of the Act (manual claim) (3) An approved medical practitioner commits an offence if he or she:
(a) obtains a pharmaceutical benefit for the purpose of the supply of the benefit under section 93 of the Act; and
(b) makes a claim for a payment under section 99AAA of the Act, in relation to obtaining the benefit for such a supply, using the manual system referred to in that section; and
(c) does not, when making the claim, give notice to the Secretary that he or she has obtained the benefit.
Penalty: 0.2 penalty units.
(4) For subregulation (3), the notice must be:
(a) in a form authorised by the Secretary; and
(b) signed and dated by the practitioner.
(5) An approved medical practitioner who gives a notice to the Secretary under subregulation (3) must retain a copy of the notice for at least 2 years from the date on which he or she gives the notice to the Secretary.
Penalty: 0.2 penalty units.
Offence—not creating record of obtaining pharmaceutical benefit for purposes of section 93 of the Act (CTS claim) (5A) An approved medical practitioner commits an offence if he or she:
(a) obtains a pharmaceutical benefit for the purpose of the supply of the benefit under section 93 of the Act; and
(b) makes a CTS claim in relation to obtaining the benefit for such a supply; and
(c) does not create a written record of having obtained the benefit as soon as practicable after obtaining it.
Penalty: 0.2 penalty units.
(5B) For subregulation (5A), the record must be:
(a) in a form authorised by the Secretary; and
(b) signed and dated by the practitioner.
(5C) An approved medical practitioner who creates a record under subregulation (5A) must retain the record for at least 2 years from the date on which it was created.
Penalty: 0.2 penalty units.
Strict liability applies to offences (6) An offence against subregulation (1), (2), (3), (5), (5A) or (5C) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
Entitlement to payment (7) An approved medical practitioner is entitled to payment from the Commonwealth for obtaining a pharmaceutical benefit for the purpose of the supply of the benefit under section 93 of the Act if:
(a) the pharmaceutical benefit is obtained in accordance with these Regulations; and
(b) the approved medical practitioner makes a claim for a payment under section 99AAA of the Act in relation to obtaining the benefit for such a supply; and
(c) if the claim is made using the manual system referred to in that section—the approved practitioner gives a notice to the Secretary in accordance with subregulation (3).
(8) The approved medical practitioner is entitled to payment under subregulation (7) at the rate applicable under regulation 18 for the supply of the same benefit on an order under regulation 16.
(1) Unless otherwise specified, this Part is made for section 105 of the Act.
(2) This Part:
(a) prescribes terms and conditions relating to the supply of pharmaceutical benefits; and
(b) provides rules about writing prescriptions.
A prescription for the supply of a pharmaceutical benefit must be written in accordance with:
(a) regulation 19 (prescriptions other than medication chart prescriptions); or
(b) regulation 19AA (medication chart prescriptions).
Note: Other provisions of these Regulations may also contain requirements for the writing of prescriptions.
(1) A PBS prescriber writes a prescription in accordance with this regulation if the PBS prescriber:
(a) prepares the prescription:
(i) in duplicate, by handwriting the prescription in ink on a prescription form:
(A) that is as nearly as practicable 18 centimetres long by 12 centimetres wide; and
(B) on which appears the name and address of the PBS prescriber and, subject to subregulation (4), the letters ‘PBS’; and
(C) on the original of which appear the words ‘pharmacist/patient copy’; and
(D) on the duplicate of which appear the words ‘Medicare Australia/DVA copy’; or
(ii) in duplicate, by means of a computer on a prescription form:
(A) that is as nearly as practicable 18 centimetres long by 12 centimetres wide; and
(B) on which appears the name and address of the PBS prescriber and, subject to subregulation (4), the letters ‘PBS’; and
(C) on the original of which appear the words ‘pharmacist/patient copy’; and
(D) on the duplicate of which appear the words ‘Medicare Australia/DVA copy’; and
(E) that is approved in writing for the purpose by the Secretary; or
(iia) by means of a form:
(A) on which appear the name and address of the PBS prescriber and the letters ‘PBS’; and
(B) that is approved in writing by the Secretary for the purpose of writing an electronic prescription; or
(iii) by another method approved in writing by the Secretary; and
(aa) signs the prescription after it is prepared; and
(b) for an authority prescription other than an authority prescription mentioned in subregulation (6)—writes on it:
(i) each authority approval number allotted by the Minister or the Chief Executive Medicare for the prescription, unless the prescription is to be posted or delivered to the Minister or Chief Executive Medicare for authorisation; or
(ii) the streamlined authority code that is part of:
(A) the circumstances determined by the Minister under paragraph 85(7)(b) of the Act for the pharmaceutical benefit that is prescribed; or
(B) the conditions determined by the Minister under subsection 85A(2A) of the Act for the pharmaceutical benefit that is prescribed; and
(c) specifies on the prescription the date on which the prescription is written; and
(ca) for a participating dental practitioner, authorised optometrist, authorised midwife or authorised nurse practitioner—states in the prescription the number allotted to his or her approval under regulation 8A; and
(d) states in the prescription the name of the person for whom the pharmaceutical benefit is to be supplied and the address of that person; and
(e) identifies in the prescription the pharmaceutical benefit by such particulars as are necessary to identify the pharmaceutical benefit; and
(f) states in the prescription:
(i) the quantity or number of units of the pharmaceutical benefit to be supplied; and
(ii) if the supply of the benefit is to be repeated—the number of times it is to be repeated; and
(g) if the pharmaceutical benefit to be supplied is not a ready‑prepared pharmaceutical benefit—indicates in the prescription the manner in which the pharmaceutical benefit is to be administered; and
(h) if, under regulation 24, the medical practitioner, authorised midwife or authorised nurse practitioner directs in the prescription the supply on the one occasion of a quantity or number of units of a pharmaceutical benefit exceeding the quantity or number of units that could otherwise be prescribed—writes on the prescription ‘Reg 24’ or ‘Regulation 24’.
(2) A prescription written in accordance with this regulation must not provide for the supply of a pharmaceutical benefit to:
(a) a person if the PBS prescriber has written, on the same day, another prescription for the supply of the same or an equivalent pharmaceutical benefit to the person; or
(b) more than 1 person.
(4) For the purposes of sub‑subparagraphs (1)(a)(i)(B) and (1)(a)(ii)(B), a prescription form that was printed before 1 June 1996 may contain the letters ‘NHS’ instead of the letters ‘PBS’.
(5) For subparagraphs (1)(a)(ii), (iia) and (iii), a prescription must not be prepared using a computer program that operates, or may operate, to indicate on a prescription by default, for the purpose of subsection 103(2A) of the Act, that only the brand of pharmaceutical benefit specified in the prescription is to be supplied.
(6) Paragraph (1)(b) does not apply to authority prescriptions that have been authorised in accordance with authority required procedures that are incorporated by reference into the circumstances determined for a pharmaceutical benefit under subsection 85B(4) of the Act.
Note: If a streamlined authority code or an authority approval number must be written on an authority prescription, and the code or number is not written on the authority prescription, the special patient contribution mentioned in subsection 85B(4) of the Act is not payable by the Commonwealth: see subsection 85B(5) of the Act.
Writing prescription by completing section of medication chart (1) A PBS prescriber writes a prescription (a
medication chart prescription ) for a pharmaceutical benefit in accordance with this regulation if:
(a) the person for whom the pharmaceutical benefit is prescribed is receiving treatment in or at:
(i) a residential care service at which the person is receiving residential care; or
(ii) an approved hospital; and
(b) the PBS prescriber completes a section of a medication chart for the person in relation to the pharmaceutical benefit in accordance with:
(i) subregulation (2); and
(ii) if the prescription would be an authority prescription—subregulation (3).
Completing section of medication chart—general (2) A PBS prescriber completes a section of a medication chart in accordance with this subregulation for a person (the
patient ) in relation to a pharmaceutical benefit if:
(a) the PBS prescriber writes in the section of the chart:
(i) particulars sufficient to identify the pharmaceutical benefit; and
(ii) the date on which the pharmaceutical benefit is prescribed; and
(iii) the pharmaceutical benefit’s dose, frequency of administration and route of administration; and
(iv) the letters “PBS” or “RPBS”; and
(b) the chart contains the following information:
(i) the PBS prescriber’s full name, address and PBS prescriber number;
(ii) the patient’s full name;
(iii) the name of the residential care service or approved hospital in or at which the patient is receiving treatment;
(iv) if the patient is receiving treatment in or at a residential care service—the Residential Aged Care Service ID for the residential care service;
(v) if the patient is receiving treatment in or at an approved hospital—the patient’s address; and
(c) the PBS prescriber writes his or her signature:
(i) in the section of the chart; and
(ii) except in the case of an electronic prescription—on the cover page of the chart; and
(d) the section of the chart does not provide for the supply of a pharmaceutical benefit to more than one person; and
(e) the section of the chart is not completed using a computer program that operates, or may operate, to indicate on a prescription by default, for subsection 103(2A) of the Act, that only the brand of pharmaceutical benefit specified in the prescription is to be supplied; and
(f) if the patient is receiving treatment in or at an approved hospital—the chart specifies the day on which the chart’s period of validity ends under subregulation 21A(3A), which must be the last day of one of the following periods starting on the day the first prescription for a pharmaceutical benefit is written in the chart:
(i) 1 month;
(ii) 4 months;
(iii) 12 months; and
(g) if the patient is receiving treatment in or at a residential care service—the pharmaceutical benefit is not mentioned in Schedule 8 to the current Poisons Standard (within the meaning of the
Therapeutic Goods Act 1989 ); and(h) in any case—the section of the chart is completed before the end of the chart’s period of validity under subregulation 21A(3) or (3A).
Note: A section in a medication chart may set out fields that only need to have information filled in if the information is relevant to the particular prescription concerned.
Example: For paragraph (f), the first prescription is written in a medication chart on 11 June in a particular year. The day specified in the chart as the day on which the chart’s period of validity ends must be 10 July or 10 October in that year, or 10 June in the following year.
Completing section of medication chart—authority prescriptions (3) A PBS prescriber completes a section of a medication chart in accordance with this subregulation for a person for the purpose of writing an authority prescription if the section of the chart contains:
(a) each streamlined authority code (if any) that is part of the circumstances determined under paragraph 85(7)(b) of the Act for the pharmaceutical benefit that apply in relation to the writing of the prescription; and
(b) each streamlined authority code (if any) that is part of the conditions determined under subsection 85A(2A) of the Act for the pharmaceutical benefit that apply in relation to the writing of the prescription; and
(c) if the person is receiving treatment in or at a hospital—each authority approval number (if any) allotted by the Minister or Chief Executive Medicare for the prescription.
Medication charts (4) A
medication chart is a chart in a form (if any) approved under subregulation (5) that is used for prescribing, and recording the administration of, pharmaceutical benefits to persons receiving treatment in or at a residential care service or a hospital, whether or not the chart:
(a) is used for any other purpose; or
(b) contains any other information.
Note: For paragraph (a), the chart may also be used (for example) to prescribe, and record the administration of, drugs, medicines and other substances that are not pharmaceutical benefits.
(5) The Secretary may, in writing, approve one or more forms for the purposes of subregulation (4), including one or more forms for the purpose of writing an electronic prescription.
(1A) This regulation does not apply in relation to a medication chart prescription.
Note: See regulation 21C for information about the status of a person for a medication chart prescription, and for a continued dispensing supply under section 89A of the Act.
(1) For the purposes of subsections 84AA(1), (1A), (2) and (3) of the Act, the following information is prescribed:
(a) in relation to a person who is a concessional beneficiary:
(i) information that the person is a concessional beneficiary; and
(ii) the number specified on a card held by the person (being a card issued by the Commonwealth) as being an entitlement number (however described) in relation to the person;
(b) in relation to a person who is a holder of a concession card:
(i) information that the person is the holder of a concession card; and
(ii) the number of the card;
(ba) in relation to a person who is a holder of an entitlement card:
(i) information that the person is the holder of an entitlement card; and
(ii) the number of the card;
(c) in relation to a person who is a dependant of a concessional beneficiary:
(i) information that the person is a dependant of a concessional beneficiary; and
(ii) the number specified on a card held by that concessional beneficiary (being a card issued by the Commonwealth) as being an entitlement number (however described) in relation to the person.
(2) For the purposes of subsections 84AA(1) and (1A) of the Act, prescribed information shall be written or marked on a prescription by making:
(a) in accordance with a form approved by the Secretary for the purposes of this subregulation, provision on the prescription for the supply of that information; or
(b) where the Minister has, by notice in writing published in the
Gazette , given his or her consent to that effect—an endorsement on the prescription in a form that, immediately before the commencement of this regulation, was a prescribed form for the purposes of section 84AA of the Act as then in force;
and inserting:
(c) in the case of information that the person to whom the prescription relates is a concessional beneficiary or a dependant of a concessional beneficiary—a tick or a cross in the square provided on the prescription for the supply of such information in relation to the person;
(da) in the case of information that the person to whom the prescription relates is a holder of a concession card or an entitlement card—a tick or a cross in the square provided on the prescription for the supply of such information in relation to the person; and
(e) in a case where the information is the entitlement number referred to in subparagraph (1)(a)(ii), (1)(b)(ii), (1)(ba)(ii) or (1)(c)(ii) (as the case may be) in relation to the person to whom the prescription relates—the letters and digits forming that number, in the appropriate sequence, in the squares provided on the prescription for the supply of such information.
(2A) For a prescription to which subsection 84AA(1) or (1A) of the Act applies, subregulations (1) and (2) do not apply if:
(a) the claim for a payment from the Commonwealth in relation to the supply of the pharmaceutical benefit to which the prescription relates is made under the Claims Transmission System, within the meaning of section 99AAA of the Act; and
(b) the claim includes the card number that, under subregulation (1) would, except for this subregulation, be required.
(3) For the purposes of subsections 84AA(2) and (3) of the Act, prescribed information shall be communicated to a pharmacist orally or in writing.
(1) A person commits an offence if:
(a) he or she writes a prescription on a form bearing the letters ‘PBS’, ‘NHS’ or ‘N. H. S’; and
(b) the prescription is not written in accordance with, or for a purpose authorised by, these Regulations; and
(c) the letters ‘PBS’, ‘NHS’ or ‘N. H. S’ (as the case may be) are not clearly struck out, or obliterated.
Penalty: 0.4 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1A) This regulation does not apply in relation to the supply of a pharmaceutical benefit on the basis of a medication chart prescription.
Note: See regulation 21A.
(1) An approved pharmacist or an approved medical practitioner must not supply a pharmaceutical benefit to a person on the first presentation of a prescription for the supply of that benefit to the person, unless:
(a) subject to regulations 22, 26 and 26A, the prescription is:
(i) written in accordance with these Regulations; and
(ii) given to the pharmacist or practitioner; and
(aa) the date of supply of the benefit is on or before the first anniversary of the date on which the prescription was written; and
(b) the pharmacist or practitioner writes on the prescription (including, for a paper‑based prescription, both the original and the duplicate):
(i) the pharmacist’s or practitioner’s name and approval number under regulation 8A; and
(ii) a number that identifies the prescription.
(2) An approved hospital authority must not supply a pharmaceutical benefit to a person on the first presentation of a prescription for the supply of that benefit to that person, unless:
(a) subject to regulations 22, 26 and 26A, the prescription is:
(i) written in accordance with these Regulations; and
(ii) given to the pharmacist or practitioner; and
(aa) the date of supply of the benefit is on or before the first anniversary of the date on which the prescription was written; and
(b) the prescription (including, for a paper‑based prescription, both the original and the duplicate) is marked, for the hospital authority, with:
(i) the hospital authority’s name and approval number under regulation 8A; and
(ii) a number that identifies the prescription.
(3) In this regulation, a reference to the first presentation of a prescription is taken to mean, in relation to an electronic prescription, the first occasion when the prescription is accessed by an approved pharmacist or an approved medical practitioner for the purpose of supplying a pharmaceutical benefit to the person for whom the prescription was written.
(1) A pharmaceutical benefit may only be supplied on the basis of a medication chart prescription by:
(a) if the person in respect of whom the pharmaceutical benefit is to be supplied is receiving treatment in or at a residential care service—an approved pharmacist or an approved medical practitioner; or
(b) if the person in respect of whom the pharmaceutical benefit is to be supplied is receiving treatment in or at an approved hospital—an approved pharmacist or the approved hospital authority.
(2) An approved supplier may supply a pharmaceutical benefit on the basis of a medication chart prescription only if:
(a) the approved supplier has seen:
(i) the medication chart by which the prescription was written; or
(ii) a copy of so much of the chart as would indicate that subregulation 19AA(2), and subregulation 19AA(3) (if applicable), have been complied with; and
(c) the date on which the pharmaceutical benefit is supplied is:
(i) during the period of validity of the medication chart; and
(ii) no later than the stop date (if any) indicated in the prescription; and
(d) the approved supplier writes on the medication chart, or the copy of the chart, the following for the supply:
(i) the approved supplier’s name and approval number under regulation 8A;
(ii) an identification number for the supply;
(iii) the date on which the pharmaceutical benefit is supplied.
(3) For paragraph (2)(c), the period of validity of a medication chart for a person receiving treatment in or at a residential care service:
(a) starts on the day in a calendar month (the
first calendar month ) when the first prescription for a pharmaceutical benefit is written in the medication chart; and(b) ends on the last day of the third calendar month that starts after the first calendar month.
Example: The first prescription is written in a medication chart on 11 June. The period of validity of the medication chart starts on 11 June and ends on 30 September.
Note:
calendar month is defined in section 2B of theActs Interpretation Act 1901 .(3A) For paragraph (2)(c), the period of validity of a medication chart for a person receiving treatment in or at a hospital:
(a) starts on the day when the first prescription for a pharmaceutical benefit is written in the chart; and
(b) ends at the end of the day specified in the chart as the day on which the chart’s period of validity ends (see paragraph 19AA(2)(f)).
(4) An approved supplier may supply up to a maximum quantity of a pharmaceutical item or pharmaceutical benefit more than once on the basis of a particular medication chart prescription for the pharmaceutical benefit only if:
(a) the prescription indicates that an ongoing supply of the pharmaceutical benefit is authorised for the period of validity of the chart; or
(b) the prescription indicates a stop date for the supply of the pharmaceutical benefit and, based on the dose and frequency of administration of the pharmaceutical benefit indicated in the prescription, more than one supply of a maximum quantity of the pharmaceutical item or pharmaceutical benefit is needed before the stop date is reached.
Note: See paragraph 85A(2)(a) of the Act in relation to maximum quantities of pharmaceutical items or pharmaceutical benefits.
(5) If paragraphs (4)(a) and (b) do not apply, an approved supplier may only supply the quantity of the pharmaceutical benefit needed to give effect to the prescription, up to a maximum quantity of the pharmaceutical item or pharmaceutical benefit.
Note: The following information entered in the prescription may also indicate the quantity of the pharmaceutical benefit that is needed:
(a) the dose and frequency of administration of the pharmaceutical benefit;
(b) the date of prescribing, or the start date (if any) for administration of the pharmaceutical benefit;
(c) the stop date (if any) for administration of the pharmaceutical benefit.
(6) However, for a supply:
(a) on the basis of a prescription mentioned in paragraph (4)(a); or
(b) mentioned in subregulation (5);
an approved supplier may supply up to a maximum quantity of the pharmaceutical item or pharmaceutical benefit even if the period of validity of the medication chart will end before administration of that quantity in accordance with the prescription would finish.
(1) This regulation applies in relation to the supply of a pharmaceutical benefit to a person by an approved pharmacist under subsection 89A(1) of the Act.
(2) The approved pharmacist must not supply the pharmaceutical benefit unless the approved pharmacist writes on a repeat authorisation form for the supply:
(a) the approved pharmacist’s name and approval number under regulation 8A; and
(b) an identification number for the supply; and
(c) the date on which the pharmaceutical benefit is supplied by the approved pharmacist.
(1) This regulation applies in relation to:
(a) the supply of a pharmaceutical benefit to a person (the
patient ) by an approved pharmacist (thesupplier ) under subsection 89A(1) of the Act; and(b) the supply of a pharmaceutical benefit by an approved supplier (the
supplier ) on the basis of a medication chart prescription written for a person (thepatient ).
(2) The supplier must collect the following information at the time of supply:
(a) information about whether the patient is, at the time of the supply:
(i) a concessional beneficiary or a dependant of a concessional beneficiary; or
(ii) the holder of a concession card or entitlement card;
(b) for a person mentioned in subparagraph (a)(i)—the number specified on a card, issued by the Commonwealth, as an entitlement number (however described) in relation to the person;
(c) for a person mentioned in subparagraph (a)(ii)—the number of the concession card or entitlement card.
(3) The supplier must include the information collected under subregulation (2) in the claim for a payment from the Commonwealth in relation to the supply using the Claims Transmission System, within the meaning given by subsection 99AAA(1) of the Act.
(1) Subject to this regulation, a pharmaceutical benefit may be supplied to a person, in a case of urgency, by an approved pharmacist or an approved medical practitioner (the
supplier ) before the prescription for that pharmaceutical benefit is given to the supplier if:(a) a PBS prescriber advises the supplier of the details of the prescription; or
(b) the PBS prescriber has given the supplier a copy of the prescription.
(2) If the prescription is or would be an authority prescription, the supplier may supply the pharmaceutical benefit under subregulation (1) only if:
(a) the Minister or the Chief Executive Medicare has notified the PBS prescriber (orally or by other means) that each relevant authorisation will be given; and
(b) the PBS prescriber informs the supplier of that notification before the pharmaceutical benefit is supplied.
(3) A PBS prescriber referred to in subregulation (1) must ensure that, for a paper‑based prescription, the original and a duplicate of the prescription are received by the relevant pharmacist or medical practitioner no later than 7 days after the day on which the benefit was supplied.
Penalty: 0.2 penalty units.
(3AA) A PBS prescriber referred to in subregulation (1) must ensure that, for an electronic prescription, the prescription is accessible by the relevant pharmacist or medical practitioner no later than 7 days after the day on which the benefit was supplied.
Penalty: 0.2 penalty units.
(3A) An offence against subregulation (3) or (3AA) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .(4) A PBS prescriber who has communicated with an approved pharmacist or approved medical practitioner under subregulation (2) must ensure that, for a paper‑based prescription, the original and a duplicate of the prescription are received by the relevant pharmacist or medical practitioner no later than 7 days after the day on which the benefit was supplied.
Penalty: 0.2 penalty units.
(4AA) A PBS prescriber who has communicated with an approved pharmacist or approved medical practitioner under subregulation (2) must ensure that, for an electronic prescription, the prescription is accessible by the relevant pharmacist or medical practitioner no later than 7 days after the day on which the benefit was supplied.
Penalty: 0.2 penalty units.
(4A) An offence against subregulation (4) or (4AA) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .(5) This regulation does not apply to:
(a) a pharmaceutical benefit if:
(i) the pharmaceutical benefit would be supplied under this regulation by an approved pharmacist; and
(ii) the relevant prescription must be in writing under a law in force in the State or Territory in which the premises, at or from which the pharmaceutical benefit would be supplied, are located; or
(b) a pharmaceutical benefit if:
(i) the pharmaceutical benefit would be supplied under this regulation by an approved medical practitioner; and
(ii) the relevant prescription must be in writing under a law in force in the area in respect of which the medical practitioner is approved; or
(c) in any case—a pharmaceutical benefit to be supplied on the basis of a medication chart prescription.
(1) A medical practitioner may, in pursuance of subsection 88 (6) of the Act, instead of directing a repeated supply of a pharmaceutical benefit in accordance with Part VII of the Act, direct in a prescription the supply on one occasion of a quantity or number of units of the pharmaceutical benefit allowable under that subsection if he or she is satisfied that:
(a) the maximum quantity or number of units applicable in relation to the pharmaceutical benefit under a determination of the Minister under section 85A of the Act is insufficient for the medical treatment of the person for whom the prescription is written; and
(b) that person requires the pharmaceutical benefit for the treatment of a chronic illness or is residing in a place remote from the approved pharmacist nearest to that person’s place of residence; and
(c) that person could not, without great hardship, obtain the required quantity or number of units of the pharmaceutical benefit by means of repeated supplies on separate occasions.
(2) For subsection 88(6B) of the Act, an authorised midwife or authorised nurse practitioner may, instead of directing a repeated supply, direct in a prescription the supply on one occasion of a quantity or number of units of the pharmaceutical benefit allowable under subsection 88(6A) of the Act if he or she is satisfied that:
(a) the maximum quantity or number of units applicable for the pharmaceutical benefit under a determination under section 85A and subsection 88(1D) or (1E) of the Act is insufficient for the treatment of the person for whom the prescription is written; and
(b) the person requires the pharmaceutical benefit for the treatment of a chronic illness or is residing in a place remote from the approved pharmacist nearest to the person’s place of residence; and
(c) the person could not, without great hardship, obtain the required quantity or number of units of the pharmaceutical benefit by means of repeated supplies on separate occasions.
(3) However, this regulation does not apply in relation to the writing of a medication chart prescription.
(1) This regulation applies in relation to the supply (the
continued dispensing supply ) of a pharmaceutical benefit by an approved pharmacist under subsection 89A(1) of the Act on the basis of a previous prescription from a PBS prescriber.(2) If the PBS prescriber directed in the prescription the supply on one occasion of a quantity or number of units of the pharmaceutical benefit allowable under subsection 88(6) of the Act, instead of directing a repeated supply, the direction does not apply for the purposes of the continued dispensing supply.
(1) A pharmaceutical benefit shall not be supplied a number of times greater than the number specified in the prescription.
(2) Subregulation (3) applies to a pharmaceutical benefit in relation to which:
(a) the Minister determines, under paragraph 85A(2)(b) of the Act, that the maximum number of occasions on which the supply of the benefit may, in one prescription, be directed to be repeated is more than 4; and
(b) the Minister determines, under paragraph 85A(2)(c) of the Act, that the manner of administration that may, in a prescription, be directed to be used in relation to the benefit is administration otherwise than by application to the eye.
(3) A pharmaceutical benefit to which this subregulation applies may be supplied to the person in respect of whom the prescription for the supply of the benefit was written if:
(a) the supplier of the benefit reasonably believes that the person has not received a supply of the pharmaceutical benefit, another pharmaceutical benefit that has the same pharmaceutical item as the pharmaceutical benefit or another pharmaceutical benefit that is Schedule equivalent to the pharmaceutical benefit:
(i) in the period specified under subsection 84AAA(2) of the Act for the pharmaceutical benefit immediately preceding the day on which it is to be supplied to the person; or
(ii) if no period is so specified—in the period of 20 days immediately preceding the day on which it is to be supplied to the person; or
(b) the supplier of the benefit:
(i) reasonably believes that a supply of the pharmaceutical benefit that was previously supplied to the person has been destroyed, lost or stolen; and
(ii) writes the words ‘immediate supply necessary’:
(A) for a paper‑based prescription—on the Medicare Australia/DVA copy; or
(B) for an electronic prescription—on the prescription; and
(iii)
rep. 2012 No. 141 | |
Heading to Part 5........................ | ad. 2012 No. 141 |
r. 18B........................................ | ad. 2012 No. 141 |
r 18C......................................... | ad No 23, 2015 |
r 19............................................ | rs No 90, 1960 |
am 1965 No. 152; 1971 No. 136; 1974 No. 126; 1977 No. 39; 1978 No. 153; 1979 No. 55; 1982 No. 372; 1986 No. 391; 1987 Nos. 47 and 279; 1988 No. 56; 1991 No. 474; 1994 No. 348; 1996 No. 70; 1998 No. 374; 2002 Nos. 239 and 344; 2004 No. 389; 2005 No. 207; 2006 No. 200; 2007; No 54, 2008; No. 160; 2008; 2010; No. 231; 2011 No. 120; No 141, 2012; No 168, 2012; No 23, 2015; No 23, 2015 | |
r 19AA....................................... | ad No 141, 2015 |
rs No 23, 2015 | |
Heading to r. 19A........................ | rs. 2001 No. 68; 2012 No. 141 |
r. 19A........................................ | ad. 1971 No. 136 |
rep. 1976 No. 84 | |
ad. 1983 No. 102 | |
am. 1986 Nos. 319 and 391; 1990 No. 437; 1991 No. 1; 2001 No. 68; 2002 No. 344; 2004 No. 389; 2006 No. 200; 2012 No. 141 | |
r. 19B........................................ | ad. 1988 No. 56 |
am. 1991 No. 474 | |
rs. 2002 No. 9 | |
r. 20........................................... | am. 1977 No. 39; 1979 No. 55; 1981 No. 218; 1987 No. 47; 1994 No. 348 |
rep. 2012 No. 141 | |
r 21............................................ | am. 1960 No. 90; 1965 No. 152; 1977 No. 39; 1978 No. 153; 1979 No. 55; 1981 No. 52; 1985 No. 320; 1986 Nos. 319 and 391; 1987 No. 47; 1988 No. 56; 1998 No. 374 |
rs. 1994 No. 348 | |
am No 200, 2006; No 141, 2012; No 23, 2015 | |
r 21A......................................... | ad No 141, 2012 |
am No 23, 2015 | |
r 21B......................................... | ad No 141, 2012 |
am No 23, 2015 | |
r 21C......................................... | ad No 141, 2012 |
No 23, 2015 | |
r 22............................................ | am No 158, 1967; No 39, 1977; No 55, 1979; No 391, 1986; No 47, 1987; No 56, 1988; No 348, 1994; No 9, 2002; No 207, 2005; No 200, 2006; No 54, 2008; No 120, 2011; No 141, 2012; No 23, 2015 |
r. 23........................................... | am. 1960 No. 90 |
rs. 1965 No. 152 | |
am. 1977 No. 39; 1986 Nos. 319 and 391; 1987 No. 47; 1988 No. 56 | |
rep. 1994 No. 348 | |
r. 24........................................... | am. 1977 No. 39; 1979 No. 55; 1986 No. 319; 2004 No. 389; 2010 No. 231; 2012 No. 141 |
r. 24A........................................ | ad. 2012 No. 141 |
r 25............................................ | am No 330, 1989 (disallowed) |
am No 337, 1990; No 348, 1994; No 374, 1998; No 68, 2001; No 207, 2005; No 200, 2006; No 141, 2012; No 23, 2015; No 163, 2015 | |
r 26............................................ | am 1965 No. 152; 1968 No. 76; 1977 No. 39; 1978 No. 153; 1979 No. 55; 1981 Nos. 52 and 218; 1982 No. 372; 1983 No. 102; 1985 No. 320; 1986 Nos. 319 and 391; 1987 No. 47; 1988 No. 56; 1990 No. 437; 1991 Nos. 1 and 474; 1994 No. 348; 1996 No. 70; 1998 No. 374; 2001 No. 68; 2002 No. 9; 2005 No. 207; 2006 No. 200; 2012 No. 141; No 23, 2015 |
r 26AA....................................... | ad No 141, 2012 |
rep No 23, 2015 | |
r 26A......................................... | ad No 153, 1978 |
am No 55, 1979; No 218, 1981; No 372, 1982; No 102, 1983; No 319, 1986; No 391, 1986; No 56, 1988; No 437, 1990; No 1, 1991; No 474, 1991; No 348, 1994; No 70, 1996; No 374, 1998; No 68, 2001; No 389, 2004; No 200, 2006; No 141, 2012; No 23, 2015 | |
r. 27........................................... | am. 1977 No. 39; 1986 No. 391; 1988 No. 56; 1994 No. 348; 2004 No. 389 |
r. 28........................................... | am. 1967 No. 158; 1977 No. 39; 1979 No. 55; 1986 No. 391; 2002 No. 9; 2004 No. 389; 2006 No. 200; 2010 No. 231 |
r. 29........................................... | am. 1967 No. 158 |
rs. 1976 No. 195 | |
rep. 1986 No. 319 | |
r. 30........................................... | am. 1986 No. 391; 1994 No. 348; 2004 No. 389; 2012 No. 141 |
r 31............................................ | am No 90, 1960; No 152, 1965; No 158, 1967; No 39, 1977; No 102, 1983; No 319, 1986; No 391, 1986; No 47, 1987; No 56, 1988; No 437, 1990; No 1, 1991 |
rs No 348, 1994 | |
am No 9, 2002; No 200, 2006; No 141, 2012; No 23, 2015 | |
Heading to Part VI...................... | rep. 2012 No. 141 |
Heading to Part 6........................ | ad. 2012 No 141 |
r. 31B........................................ | ad. 2012 No. 141 |
r 32............................................ | am No 152, 1965; No 158, 1967; No 39, 1977; No 153, 1978; No 391, 1986; No 348, 1994; No 70, 1996; No 374, 1998 |
rs No 9, 2002 | |
am No 344, 2002; No 200, 2006; No 141, 2012; No 23, 2015 | |
r 32A......................................... | ad No 141, 2012 |
am No 23, 2015 | |
r 32B......................................... | ad No 141, 2012 |
am No 23, 2015 | |
r. 33........................................... | am. 1967 No. 158; 1977 No. 39; 1986 No. 391 |
rs. 2002 No. 9 | |
r. 34........................................... | am. 1977 No. 39; 1979 No. 55; 1986 No. 391; 1988 No. 56 |
rep. 1994 No. 348 | |
r. 35........................................... | am. 1962 No. 34; 1964 Nos. 57 and 135; 1969 No. 107; 1977 No. 39; 1987 No. 47 |
rs. 1994 No. 348 | |
Note to r. 35............................... | ad. 2012 No. 141 |
r 36............................................ | am No 39, 1977; No 338, 1994 |
rep No 70, 1996 | |
ad No 344, 2002 | |
am No 231, 2010; No 141, 2012; No 168, 2012; No 23, 2015 | |
r. 37........................................... | am. 1967 No. 158; 1977 No. 39; 1988 No. 56; 2002 No. 9 |
r 37AA....................................... | ad No 141, 2012 |
rep No 23, 2015 | |
Heading to Part VIA.................... | rep. 2012 No. 141 |
Heading to Pt 6A......................... | ad. 2012 No. 141 |
rs. No. 53, 2013; No 60, 2014 | |
Heading to Div. 1........................ of Part VIA | ad. 2010 No. 296 rep. 2012 No. 141 |
Heading to Div. 1........................ of Part 6A | ad. 2012 No. 141 rs No 60, 2014 |
Heading to r. 37A........................ | rs. 2012 No. 141; No 60, 2014 |
r. 37A........................................ | ad. 2007 No. 225 |
am. 2010 No. 296; 2012 No. 168; No. 53, 2013 | |
rs No 60, 2014 | |
hdg to Div 1A of Pt 6A................ | ad. No. 53, 2013 rep No 60, 2014 |
r 37B......................................... | ad No 225, 2007 |
rep No 23, 2015 | |
Div 2 of Pt 6A............................ | ad No 60, 2014 |
hdg to Sdiv 1 of Div 2.................. | ad No 60, 2014 |
r. 37C........................................ | ad. 2007 No. 225 |
rep. 2012 No. 168 | |
ad No 60, 2014 | |
Heading to r. 37D........................ | rs. 2010 No. 296 |
rep. 2012 No. 168 | |
ad No 60, 2014 | |
r. 37D........................................ | ad. 2007 No. 225 |
am. 2008 No. 116; 2010 No. 296 | |
rep. 2012 No. 168 | |
ad No 60, 2014 | |
r. 37DA...................................... | ad. 2010 No. 296 |
rep. 2012 No. 168 | |
Heading to Div. 2........................ of Part VIA | ad. 2010 No. 296 rep. 2012 No. 141 |
Heading to Div. 2........................ of Part 6A | ad. 2012 No. 141 rep No 60, 2014 |
r. 37DB...................................... | ad. 2010 No. 296 |
rep No 60, 2014 | |
r. 37E......................................... | ad. 2007 No. 225 |
am. 2010 No. 296; No. 53, 2013 | |
rs No 60, 2014 | |
Note to r. 37E(4)......................... | rs. 2010 No. 296 |
rep No 53, 2013 | |
r. 37EA...................................... | ad. 2010 No. 296 |
am. 2012 No. 141 | |
rep No 60, 2014 | |
r. 37EB...................................... | ad. 2010 No. 296 |
am. No. 53, 2013 | |
rep No 60, 2014 | |
Note 1 to r. 37EB(2).................... | rs. No. 53, 2013 |
rep No 60, 2014 | |
Note 2 to r. 37EB(2).................... | rs. No. 53, 2013 |
rep No 60, 2014 | |
r. 37EC...................................... | ad. 2010 No. 296 |
am. No. 53, 2013 | |
rep No 60, 2014 | |
Heading to r. 37ED..................... | am. 2012 No. 168 |
rep No 60, 2014 | |
r. 37ED...................................... | ad. 2010 No. 296 |
am. 2012 No. 168 | |
rep No 60, 2014 | |
Note to r. 37ED(6) ...................... | rep. 2012 No. 168 |
r. 37EE...................................... | ad. 2010 No. 296 |
am. 2012 No. 168 | |
rep No 60, 2014 | |
r 37EF........................................ | ad No 296, 2010 |
am No 53, 2013 | |
rep No 60, 2014 | |
r. 37EG...................................... | ad. 2010 No. 296 |
am. No. 53, 2013 | |
rep No 60, 2014 | |
r. 37EH...................................... | ad. 2010 No. 296 |
am. No. 53, 2013 | |
rep No 60, 2014 | |
Subdivision 2 heading.................. | ad No 60, 2014 |
r. 37F......................................... | ad. 2007 No. 225 |
am. 2008 No. 116 | |
rs. 2010 No. 296; 2012 No. 168 | |
am. No. 53, 2013 | |
rs No 60, 2014 | |
am No 163, 2015 | |
r. 37FA...................................... | ad. 2012 No. 168 |
am. No. 53, 2013 | |
rep No 60, 2014 | |
Note 1 to r. 37FA(1).................... | rep. No. 53, 2013 |
Note 2 to r. 37FA(1).................... | rep. No. 53, 2013 |
r. 37G........................................ | ad. 2007 No. 225 |
rs. 2010 No. 296 | |
am. 2012 No. 168; No. 53, 2013 | |
rs No 60, 2014 | |
Note to r. 37G(5)......................... | ad, No. 53, 2013 |
rep No 60, 2014 | |
Heading to Div. 3........................ of Part VIA | ad. 2010 No. 296 rep. 2012 No. 141 |
Heading to Div. 3........................ of Part 6A | ad. 2012 No. 141 rep No 60, 2014 |
r. 37H........................................ | ad. 2007 No. 225 |
rs. 2010 No. 296 | |
am. 2012 No. 168; No. 53, 2013 | |
rs No 60, 2014 | |
Note 1 to r. 37H(1) Renumbered Note.................... | No. 53, 2013 |
rep No 60, 2014 | |
Note 2 to r. 37H(1)...................... | rep. No. 53, 2013 |
r. 37HA...................................... | ad. 2008 No. 116 |
rs. 2011 No. 29 | |
am. 2012 No. 55 | |
rep No 60, 2014 | |
Note to r. 37HA(2)...................... | ad. No. 53, 2013 |
rep No 60, 2014 | |
r. 37I.......................................... | ad. 2007 No. 225 |
am. 2010 No. 296 | |
rep No 60, 2014 | |
Note to r. 37I(2).......................... | ad. No. 53, 2013 |
rep No 60, 2014 | |
r. 37J......................................... | ad. 2007 No. 225 |
rs. 2010 No. 296 | |
am. 2012 No. 168; No. 53, 2013 | |
rs No 60, 2014 | |
Note to r. 37J(6).......................... | rep. No. 53, 2013 |
r. 37JA....................................... | ad. 2010 No. 296; No. 53, 2013 |
rep No 60, 2014 | |
Note to r. 37JA(6)....................... | rep. No. 53, 2013 |
Heading to Div. 4........................ of Part VIA | ad. 2010 No. 296 rep. 2012 No. 141 |
Heading to Div. 4........................ of Part 6A | ad. 2012 No. 141 rep No 60, 2014 |
r. 37K........................................ | ad. 2009 No. 195 |
am. 2010 No. 296 | |
rs No 60, 2014 | |
r 37L.......................................... | ad No 60, 2014 |
r 37M......................................... | ad No 60, 2014 |
r 37N......................................... | ad No 60, 2014 |
r 37P.......................................... | ad No 60, 2014 |
r 37Q......................................... | ad No 60, 2014 |
r 37R......................................... | ad No 60, 2014 |
r 37S.......................................... | ad No 60, 2014 |
am No 163, 2015 | |
r 37SA....................................... | ad No 163, 2015 |
Subdivision 2A........................... | ad No 163, 2015 |
s 37SB....................................... | ad No 163, 2015 |
s 37SC....................................... | ad No 163, 2015 |
Subdivision 3.............................. | ad No 60, 2014 |
r 37T.......................................... | ad No 60, 2014 |
Part 7......................................... | ad. 1994 No. 348 |
Heading to r. 38.......................... | rs. 2012 No. 141 |
r 38............................................ | ad No 348, 1994 |
am No 369, 2000; No 195, 2009; No 163, 2015 | |
Heading to r. 38A........................ | rs. 2012 No. 141 |
r. 38A........................................ | ad. 2000 No. 369 |
am No 68, 2001; No 163, 2015 | |
Heading to r. 38B........................ | rs. 2012 No. 141 |
r 38B......................................... | ad No 369, 2000 |
am No 163, 2015 | |
r 39............................................ | ad No 348, 1994 |
rep No 163, 2015 | |
r 40............................................ | ad No 348, 1994 |
rs No 369, 2000; No 163, 2015 | |
r 41............................................ | ad No 348, 1994 |
rs No 163, 2015 | |
r 42............................................ | ad No 348, 1994 |
am No 163, 2015 | |
r. 43........................................... | ad. 1994 No. 348 |
r 44............................................ | ad No 348, 1994 |
am No 70, 1996 | |
rs No 163, 2015 | |
r 45............................................ | ad No 348, 1994 |
am No 70, 1996 | |
rs No 163, 2015 | |
r. 46........................................... | ad. 1994 No. 348 |
r. 47........................................... | ad. 1994 No. 348 |
r 48............................................ | ad No 348, 1994 |
rep No 369, 2000 | |
ad No 195, 2009 | |
am No 115, 2010; No 327, 2010 | |
rs No 299, 2012; No 23, 2015 | |
Part 8......................................... | ad. 2012 No. 168 |
Division 1.................................. | rep No 60, 2014 |
r. 49........................................... | ad. 2012 No. 168 |
rep No 60, 2014 | |
r. 50........................................... | ad. 2012 No. 168 |
rep No 60, 2014 | |
Division 2.................................. | ad No 53, 2013 |
rep No 23, 2015 | |
r. 51........................................... | ad. No. 53, 2103 |
rep No 60, 2014 | |
r. 52........................................... | ad No. 53, 2103 |
rep No 60, 2014 | |
r 53............................................ | ad No 53, 2103 |
rep No 23, 2015 | |
Division 3.................................. | ad No 60, 2014 |
exp 3 Apr 2016 (r 56) | |
r 54............................................ | ad No 60, 2014 |
exp 3 Apr 2016 (r 56) | |
r 55............................................ | ad No 60, 2014 |
exp 3 Apr 2016 (r 56) | |
r 56............................................ | ad No 60, 2014 |
exp 3 Apr 2016 (r 56) | |
Division 4.................................. | ad No 23, 2015 |
rep | |
r 57............................................ | ad No 23, 2015 |
rep | |
r 58............................................ | ad No 23, 2015 |
rep | |
r 59............................................ | ad No 23, 2015 |
rep | |
r 60............................................ | ad No 23, 2015 |
rep | |
r 61............................................ | ad No 23, 2015 |
rep | |
Division 5.................................. | ad No 163, 2015 |
s 62............................................ | ad No 163, 2015 |
Schedule 1.................................. | ad. 2007 No. 225 |
rep. 2010 No. 296 | |
Schedule 2.................................. | ad. 2007 No. 225 |
rep. 2010 No. 296 | |
Schedule 3.................................. | ad No 225, 2007 |
rep No 23, 2015 | |
Schedule 4.................................. | ad. 2007 No. 225 |
rep. 2010 No. 49 | |
Schedule 5.................................. | ad No 225, 2007 |
rs No 116, 2008 | |
am No 49, 2010; No 295, 2010 | |
rep No 23, 2015 | |
Schedule 1.................................. | ad. 2002 No. 344 |
am. 2005 No. 207 | |
Renumbered Schedule 6............ | 2007 No. 225 |
Schedule 6.................................. | rs. 2011 No. 120 |
Schedule 7.................................. | ad. 2012 No. 168 |
rep No 60, 2014 | |
Schedule 8.................................. | ad. No. 53, 2013 |
rep No 60, 2014 | |
Schedule 9 ................................. | ad No 53, 2013 |
rep No 23, 2015 | |
Heading to Schedule.................... | ad. 1994 No. 348 |
rep. 2002 No. 344 | |
Heading to The Schedules............ | rep. 1977 No. 39 |
Heading to First Schedule............ | rep. 1977 No. 39 |
Heading to Schedule 1................. | ad. 1977 No. 39 |
rep. 1987 No. 47 | |
First Schedule............................. | rs. 1960 No. 90 |
am. 1961 No. 59 | |
rs. 1961 No. 137; 1962 Nos. 34 and 101 | |
am. 1963 No. 34 | |
rs. 1963 No. 107 | |
am. 1964 No. 12 | |
rs. 1964 Nos. 57 and 135; 1965 No. 51 | |
am. 1965 No. 151 | |
rs. 1966 No. 80 | |
am. 1966 No. 144 | |
rs. 1967 No. 67 | |
am. 1967 No. 116 | |
rs. 1967 No. 158 | |
am. 1968 Nos. 44, 88 and 146; 1969 No. 44 | |
rs. 1969 No. 107 | |
am. 1969 No. 185; 1970 Nos. 39, 94 and 186 | |
rs. 1971 Nos. 44 and 101 | |
am. 1971 No. 154 | |
rs. 1972 No. 32 | |
am. 1972 Nos. 121 and 205; 1973 Nos. 15 and 57 | |
rs. 1973 No. 139 | |
am. 1973 No. 229; 1974 No. 37 | |
rs. 1974 No. 126 | |
am. 1974 No. 222; 1975 No. 50 | |
rs. 1975 No. 148 | |
am. 1975 No. 209 | |
rs. 1976 No. 84 | |
am. 1976 Nos. 150 and 255; 1977 No. 39 | |
Schedule 1.................................. | rs. 1977 No. 125 |
am. 1977 No. 221; 1978 Nos. 47 and 142 | |
rs. 1978 No. 245 | |
am. 1979 No. 51 | |
rs. 1979 No. 144 | |
am. 1979 No. 250; 1980 Nos. 69 and 213 | |
rs. 1980 No. 338 | |
am. 1981 No. 52 | |
rs. 1981 No. 212 | |
am. 1981 No. 345; 1982 No. 76 | |
rs. 1982 No. 179 | |
am. 1982 No. 334; 1983 No. 28 | |
rs. 1983 No. 116 | |
am. 1983 No. 292; 1984 Nos. 50, 169 and 342 | |
rs. 1985 Nos. 32 and 184 | |
am. 1985 No. 320; 1986 No. 38 | |
rs. 1986 No. 194 | |
am. 1986 No. 320 | |
rep. 1987 No. 47 | |
Heading to Second...................... Schedule | rep. 1977 No. 39 |
Heading to Schedule 2................. | ad. 1977 No. 39 |
rep. 1987 No. 47 | |
Second Schedule......................... | rs. 1960 No. 90; 1961 Nos. 59 and 137; 1962 Nos. 34 and 101 |
am. 1962 No. 114; 1963 No. 34 | |
rs. 1963 No. 107; 1964 Nos. 57 and 135; 1965 No. 51 | |
am. 1965 No. 151 | |
rs. 1966 Nos. 80 and 144; 1967 No. 67 | |
am. 1967 No. 116 | |
rs. 1967 No. 158 | |
am. 1968 Nos. 44, 88 and 146; 1969 No. 44 | |
rs. 1969 Nos. 107 and 185 | |
am. 1970 Nos. 39, 94 and 186 | |
rs. 1971 Nos. 44 and 101 | |
am. 1971 No. 154 | |
rs. 1972 No. 32 | |
am. 1972 Nos. 121 and 205; 1973 Nos. 15 and 57 | |
rs. 1973 No. 139 | |
am. 1973 No. 229; 1974 No. 37 | |
rs. 1974 No. 126 | |
am. 1974 No. 222; 1975 No. 50 | |
rs. 1975 No. 148 | |
am. 1975 No. 209 | |
rs. 1976 No. 84 | |
am. 1976 Nos. 150 and 255; 1977 No. 39 | |
Schedule 2.................................. | am. 1977 No. 39 |
rs. 1977 No. 125 | |
am. 1977 No. 221; 1978 Nos. 47 and 142 | |
rs. 1978 No. 245 | |
am. 1979 No. 51 | |
rs. 1979 No. 144 | |
am. 1979 No. 250; 1980 Nos. 69 and 213 | |
rs. 1980 No. 338 | |
am. 1981 No. 52 | |
rs. 1981 No. 212 | |
am. 1981 No. 345; 1982 No. 76 | |
rs. 1982 No. 179 | |
am. 1982 No. 334; 1983 No. 28 | |
rs. 1983 No. 116 | |
am. 1983 No. 292; 1984 Nos. 50, 169 and 342 | |
rs. 1985 Nos. 32 and 184 | |
am. 1985 No. 320; 1986 No. 38 | |
rs. 1986 No. 194 | |
am. 1986 No. 320 | |
rep. 1987 No. 47 | |
Heading to Third Schedule........... | rep. 1977 No. 39 |
Heading to Schedule 3................. | ad. 1977 No. 39 |
rep. 1987 No. 47 | |
Third Schedule............................ | rs. 1960 No. 90 |
am. 1960 No. 102 | |
rs. 1961 Nos. 59 and 137; 1962 Nos. 34 and 101 | |
am. 1962 No. 114; 1963 No. 34 | |
rs. 1963 No. 107 | |
am. 1964 No. 12 | |
rs. 1964 Nos. 57 and 135; 1965 Nos. 51 and 151; 1966 Nos. 80 and 144; 1967 No. 67 | |
am. 1967 No. 116 | |
rs. 1967 No. 158 | |
am. 1968 Nos. 44, 88 and 146; 1969 No. 44 | |
rs. 1969 No. 107 | |
am. 1969 No. 185; 1970 Nos. 39, 94 and 186 | |
rs. 1971 Nos. 44 and 101 | |
am. 1971 No. 154 | |
rs. 1972 No. 32 | |
am. 1972 Nos. 121 and 205; 1973 Nos. 15 and 57 | |
rs. 1973 No. 139 | |
am. 1973 No. 229; 1974 No. 37 | |
rs. 1974 No. 126 | |
am. 1974 No. 222; 1975 No. 50 |
rs. 1975 No. 148 | |
am. 1975 No. 209 | |
rs. 1976 No. 84 | |
am. 1976 Nos. 150 and 255; 1977 No. 39 | |
Schedule 3.................................. | rs. 1977 No. 125 |
am. 1977 No. 221; 1978 Nos. 47 and 142 | |
rs. 1978 No. 245 | |
am. 1979 No. 51 | |
rs. 1979 No. 144 | |
am. 1979 No. 250; 1980 Nos. 69 and 213 | |
rs. 1980 No. 338 | |
am. 1981 No. 52 | |
rs. 1981 No. 212 | |
am. 1981 No. 345; 1982 No. 76 | |
rs. 1982 No. 179 | |
am. 1982 No. 334; 1983 No. 28 | |
rs. 1983 No. 116 | |
am. 1983 No. 292; 1984 Nos. 50, 169 and 342 | |
rs. 1985 Nos. 32 and 184 | |
am. 1985 No. 320; 1986 No. 38 | |
rs. 1986 No. 194 | |
am. 1986 No. 320 | |
rep. 1987 No. 47 | |
Heading to Fourth....................... Schedule | rep. 1977 No. 39 |
Heading to Schedule 4................. | ad. 1977 No. 39 |
rep. 1987 No. 47 | |
Fourth Schedule.......................... | rs. 1961 No. 137; 1962 Nos. 34 and 101; 1963 No. 107; 1964 Nos. 57 and 135; 1965 No. 51; 1966 No. 80 |
am. 1966 No. 144 | |
rs. 1967 Nos. 67, 116 and 158; 1969 No. 107 | |
am. 1969 No. 185; 1970 Nos. 39 and 186 | |
rs. 1971 Nos. 44 and 101; 1972 No. 32 | |
am. 1973 No. 57 | |
rs. 1973 No. 139 | |
am. 1973 No. 229 | |
rs. 1974 No. 126 | |
am. 1974 No. 222; 1975 No. 50 | |
rs. 1975 No. 148; 1976 No. 84 | |
Schedule 4.................................. | rs. 1977 No. 125 |
am. 1978 No. 142 | |
rs. 1978 No. 245 | |
am. 1979 No. 51 | |
rs. 1979 No. 144; 1980 No. 338 | |
am. 1981 No. 52 | |
rs. 1981 No. 212; 1982 No. 179; 1983 No. 116 | |
am. 1983 No. 292 | |
rs. 1985 Nos. 32 and 184; 1986 No. 194 | |
am. 1986 No. 320 | |
rep. 1987 No. 47 | |
Heading to Fifth Schedule............ | rep. 1977 No. 39 |
Heading to Schedule 5................. | ad. 1977 No. 39 |
rep. 1987 No. 47 | |
Fifth Schedule............................. | rs. 1960 No. 90 |
am. 1960 No. 102 | |
rs. 1961 Nos. 59 and 137; 1962 Nos. 34 and 101 | |
am. 1962 No. 114; 1963 No. 34 | |
rs. 1963 No. 107 | |
am. 1964 No. 12 | |
rs. 1964 Nos. 57 and 135; 1965 Nos. 51 and 151; 1966 Nos. 80 and 144; 1967 Nos. 67, 116 and 158; 1968 No. 44 | |
am. 1968 No. 88 | |
rs. 1968 No. 146 | |
am. 1969 No. 44 | |
rs. 1969 No. 107 | |
am. 1969 No. 185 | |
rs. 1970 Nos. 39 and 94 | |
am. 1970 Nos. 119 and 186 | |
rs. 1971 Nos. 44, 101 and 154; 1972 No. 32 | |
am. 1972 Nos. 121 and 205; 1973 Nos. 15 and 57 | |
rs. 1973 No. 139 | |
am. 1973 No. 229; 1974 No. 37 | |
rs. 1974 No. 126 | |
am. 1974 No. 222; 1975 No. 50 | |
rs. 1975 No. 148 | |
am. 1975 No. 209 | |
rs. 1976 No. 84 | |
am. 1976 Nos. 150 and 255; 1977 No. 39 | |
Schedule 5.................................. | am. 1977 No. 39 |
rs. 1977 No. 125 | |
am. 1977 No. 221; 1978 Nos. 47 and 142 | |
rs. 1978 No. 245 | |
am. 1979 No. 51 | |
rs. 1979 No. 144 | |
am. 1979 No. 250; 1980 Nos. 69 and 213 | |
rs. 1980 No. 338 | |
am. 1981 No. 52 | |
rs. 1981 No. 212 | |
am. 1981 No. 345; 1982 No. 76 | |
rs. 1982 No. 179 | |
am. 1982 No. 334; 1983 No. 28 | |
rs. 1983 No. 116 | |
am. 1983 No. 292; 1984 Nos. 50, 169 and 342 | |
rs. 1985 Nos. 32 and 184 | |
am. 1985 No. 320; 1986 No. 38 | |
rs. 1986 No. 194 | |
am. 1986 No. 320 | |
rep. 1987 No. 47 | |
Heading to Sixth Schedule........... | rep. 1977 No. 39 |
Heading to Schedule 6................. | ad. 1977 No. 39 |
rep. 1994 No. 348 | |
Schedule 6.................................. | am. 1977 No. 39 |
rs. 1981 No. 218 | |
am. 1984 No. 148 | |
rep. 1994 No. 348 | |
Heading to Schedule 7................. | rs. 1991 No. 1 |
rep. 1994 No. 348 | |
Schedule 7.................................. | ad. 1983 No. 102 |
rep. 1986 No. 319 | |
ad. 1987 No. 262 | |
rep. 1994 No. 348 |
0
0
0