PHARMACEUTICAL BENEFITS.
No. 11 of 1944.
An Act to make provision for the Supply of Pharmaceutical Benefits.
[Assented to 5th April, 1944.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Pharmaceutical Benefits Act 1944.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Non-application of Act to certain parts of the Commonwealth.
3. The Governor-General may, by Proclamation, declare that this Act shall not have effect in any part of the Commonwealth specified in the Proclamation (being a part of the Commonwealth to which the National Security (Emergency Control) Regulations apply) and, so long as the Proclamation continues in force, this Act shall not have effect in that part.
Definitions.
4. In this Act, unless the contrary intention appears—
“approved hospital authority” means a hospital authority for the time being approved under section eleven of this Act;
“approved pharmaceutical chemist” means a pharmaceutical chemist for the time being approved under section ten of this Act;
“hospital authority” means the governing body of a public hospital or the owner of a private hospital;
“medical practitioner” means a medical practitioner registered or licensed under any law of the Commonwealth or of a State or Territory of the Commonwealth providing for the registration or licensing of medical practitioners;
“pharmaceutical benefits” means pharmaceutical benefits specified in section seven of this Act;
“pharmaceutical chemist” means any person registered as a pharmacist or pharmaceutical chemist under any law of the Commonwealth or of a State or Territory of the Commonwealth providing for the registration of pharmacists or pharmaceutical chemists, and includes any friendly society or other body of persons (whether corporate or unincorporate) carrying on business as a pharmaceutical chemist in accordance with the law of the Commonwealth or of a State or Territory of the Commonwealth;
“the Director-General” means the Director-General of Health;
“this Act” includes the regulations.
Administration.
5. The Director-General shall, subject to any direction of the Minister, have the general administration of this Act.
Delegation.
6.—(1.) The Minister may, by writing under his hand, delegate all or any of his powers and functions under this Act (except this power of delegation) so that the delegate may exercise the powers and functions specified in the instrument of delegation.
(2.) The Director-General may, by writing under his hand, delegate all or any of his powers and functions under this Act (except this power of delegation) so that the delegate may exercise the powers and functions specified in the instrument of delegation.
(3.) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister or by the Director-General, as the case may be.
Pharmaceutical benefits.
7. The pharmaceutical benefits referred to…
Overview
The Pharmaceutical Benefits Act 1944 was enacted to establish a framework for the supply of pharmaceutical benefits to the Australian public. This legislation was introduced to address the need for a structured and accessible system for providing medications and pharmaceutical services to the community. Enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aims to ensure that pharmaceutical benefits are provided efficiently and effectively. The primary policy objective of the Act is to make pharmaceutical benefits available to all persons ordinarily resident in the Commonwealth, ensuring that these benefits are accessible without charge to the recipients while allowing for reasonable special charges as prescribed. The Act also mandates the establishment of various committees and councils to oversee the administration and operation of the pharmaceutical benefits scheme, ensuring compliance and effective delivery of services.
Scope and Application
The Pharmaceutical Benefits Act 1944 establishes the framework for the supply of pharmaceutical benefits in Australia. The Act applies to all persons ordinarily resident in the Commonwealth, and it aims to ensure the provision of specified pharmaceutical benefits, including uncompounded medicines, medicinal compounds, materials, and appliances, as listed in the Commonwealth Pharmaceutical Formulary and its addendum. The Act covers the administration, delegation of powers, and the requirements for the supply of these benefits, including the necessity for a written and signed prescription or order from a medical practitioner. The Act also outlines the roles and responsibilities of approved pharmaceutical chemists, hospital authorities, and medical practitioners, and it details the process for approving such entities. The supply of pharmaceutical benefits can be subject to special arrangements for isolated areas or special conditions. Payments for the supply of pharmaceutical benefits are to be made from the National Welfare Fund. The Act provides for various committees and councils to advise on the implementation of the Act, and it sets out specific offences and penalties for non-compliance, including fines and imprisonment. Additionally, the Act allows for the creation of regulations to further detail the administration and enforcement of the Act. The Governor-General may exempt certain parts of the Commonwealth from the application of the Act if national security emergencies are declared.
Key Provisions
- The Pharmaceutical Benefits Act 1944 provides for the supply of pharmaceutical benefits to persons ordinarily resident in the Commonwealth, outlined in sections 7 and 8. These benefits include specified uncompounded medicines, medicinal compounds, materials, and appliances, which are detailed in the Commonwealth Pharmaceutical Formulary and its addendum. The Act mandates that these benefits be supplied by approved pharmaceutical chemists and medical practitioners based on written and signed prescriptions or orders from medical practitioners. Approved pharmaceutical chemists and medical practitioners are entitled to payment from the Commonwealth at prescribed rates, as detailed in sections 13 and 14. The Act also allows for special arrangements and agreements for certain areas and services, such as those in isolated areas or provided by state public hospitals.
- The Act imposes several obligations on the parties it governs. It requires the Director-General to administer the Act and allows for the delegation of powers, as stipulated in sections 5 and 6. Pharmaceutical chemists and hospital authorities must apply for approval to supply pharmaceutical benefits and display required signs if approved, as detailed in sections 10 and 11. The Act also mandates that medical practitioners ensure the necessity of prescribed pharmaceutical benefits through personal examination, as outlined in section 22. Furthermore, the Act establishes various councils and committees, such as the Consultative Council and the Formulary Committee, to advise and report on matters related to the Act, as mentioned in sections 18 and 19.
- The Act imposes offences and penalties for breaches of its provisions. For instance, it is an offence to make false or misleading statements or documents, obtain pharmaceutical benefits to which one is not entitled, or present false prescriptions, each carrying a penalty of fifty pounds or imprisonment for three months, as detailed in section 23. The Act also stipulates that any person convicted of an offence may be ordered to repay the value of any pharmaceutical benefit received or any payment in respect of a pharmaceutical benefit, as stated in section 23(2). Offences under the Act cannot be prosecuted without the written consent of the Minister, as outlined in section 24. Authorized persons have the power to enter premises, conduct examinations, and take samples to ensure compliance with the Act, as detailed in section 25. Finally, the Director-General must prepare an annual report on the administration and operation of the Act, to be presented to Parliament, as stated in section 26.
- Area of Law
- Pharmaceutical Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Regulatory Standards
- Offence Provisions
- Enforcement Powers
- Consultation Requirements
