National Health (Pharmaceutical Benefits) Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

Statutory Rules

1979 No. 55

REGULATIONS UNDER THE NATIONAL HEALTH ACT 19531

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act  1953.

 Dated this twenty-ninth day of March 1979.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

RALPH J. HUNT

Minister of State for Health

_______________

AMENDMENTS OF THE NATIONAL HEALTH

(PHARMACEUTICAL BENEFITS) REGULATIONS2

1Interpretation

 Regulation 5 of the National Health (Pharmaceutical Benefits) Regulations is amended by omitting “, or deemed to be approved,” from the definition of “approved pharmaceutical chemist” in sub-regulation (1).

2Heading

 The heading to Part II of the National Health (Pharmaceutical Benefits) Regulations is amended by inserting “, DENTISTS” after “CHEMISTS”.

3After regulation 8 of the National Health (Pharmaceutical Benefits) Regulations the following regulation is inserted:

Numbering of approvals

“8A. Where the Permanent Head approves–

  • (a)

    a dental practitioner under section 84A of the Act; or

  • (b)

    a pharmaceutical chemist under section 90 of the Act,

he may allot a number to that approval.”.

4Writing of prescriptions

 Regulation 19 of the National Health (Pharmaceutical Benefits) Regulations is amended by inserting after paragraph (c) of sub-regulation (1) the following paragraph:

  • “(ca)

    in the case of a participating dental practitioner, states in the prescription the number allotted to his approval under regulation 8A;”.

5Supply of pharmaceutical benefits on prescriptions

 Regulation 21 of the National Health (Pharmaceutical Benefits) Regulations is amended–

  • (a)

    by omitting from sub-paragraph (1) (d) (i) “sub-section 85 (5)” and substituting “paragraph 85A (2) (a)”; and

  • (b)

    by omitting from sub-paragraph (1) (d) (ii) “so determined” and substituting “determined for the pharmaceutical benefit by the Minister under paragraph 85A (2) (b) of the Act”.

6Further amendments of the National Health (Pharmaceutical Benefits) Regulations

 The National Health (Pharmaceutical Benefits) Regulations are amended as set out in the Schedule.

SCHEDULE

Regulation 6

Provision

Amendment

Sub-regulation 13 (1)...............

  • (a)

    Omit “a determination”, substitute “the application of a determination”;

  • (b)

    Omit “85 (5) (a)”, substitute “85A (2) (a) or (b)”.

Sub-regulation 14 (4).............

Omit “85 (5) (a)”, substitute “85A (2) (b)”.

Sub-regulation 19 (1).............

Omit “medical practitioner concerned—”, substitute “medical practitioner or participating dental practitioner concerned”.

Paragraph 19 (1) (a)............

Insert “or participating dental practitioner” after “medical practitioner”.

Paragraph 19 (1) (h)............

Insert “or 85A” after “section 85”.

Sub-regulation 19 (2)..........

Insert “or participating dental practitioner” after “medical practitioner” (wherever occurring).

Sub-regulation 20 (1)..........

Insert “or participating dental practitioner” after “medical practitioner” (second and third occurring).

Sub-regulation 20 (2)..........

Insert “or participating dental practitioner” after “medical practitioner”.

Sub-regulation 22 (1)..........

Insert “or participating dental practitioner” after “medical practitioner”.

Sub-regulation 22 (3)..........

Insert “or participating dental practitioner” after “medical practitioner”.

Regulation 24......................

Omit “88 (5)”, substitute “88 (6)”.

Omit “85”, substitute “85A”.

Paragraph 26 (1) (b)............

Omit “of his approval under the Act”, substitute “allotted to his approval under regulation 8A”.

Paragraph 26A (2) (b).........

Omit “of his approval under the Act”, substitute “allotted to his approval under regulation 8A”.

Sub-regulation 28 (1)..........

Insert “or participating dental practitioner” after “medical practitioner”.

Regulation 34......................

Insert “or participating dental practitioner” after “medical practitioner”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 2 April 1979.

2. Statutory Rules 1960 No. 17 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 51 and see also

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0