EXPLANATORY STATEMENT
NATIONAL HEALTH ACT 1953
COMMONWEALTH PRICE (PHARMACEUTICAL BENEFITS SUPPLIED BY APPROVED MEDICAL PRACTITIONERS) DETERMINATION 2010
Summary
This Determination provides that the Commonwealth price for a pharmaceutical benefit that is supplied by a medical practitioner is the price determined under the Commonwealth price (Pharmaceutical benefits supplied by approved pharmacists) Determination 2010.
Purpose and operation
Part VII of the National Health Act 1953 (the Act) is the legislative basis of the Pharmaceutical Benefits Scheme (PBS) by which the Commonwealth provides reliable, timely, and affordable access to a wide range of medicines for all Australians.
Subsection 85(1) provides that benefits are to be provided by the Commonwealth in accordance with Part VII in respect of pharmaceutical benefits.
Paragraph 98C(1)(a) of the Act provides that the Minister may, from time to time, determine the manner in which the Commonwealth price for all or any pharmaceutical benefits is to be worked out for the purpose of payments to approved medical practitioners for the supply of pharmaceutical benefits.
The determination under paragraph 98C(1)(a) of the Act determines the Commonwealth price in respect of the supply of pharmaceutical benefits by approved medical practitioners is the price determined under the Commonwealth price (Pharmaceutical benefits supplied by approved pharmacists) Determination 2010.
A provision-by-provision description of this determination is contained in the Attachment.
The Determination commences 1 July 2010.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultations
This determination has been made in consultation with the Office of Legislative Drafting and Publishing. The amendments to the determination are machinery in nature and do not alter any current procedures or the manner in which the Commonwealth price is currently calculated for the supply of Pharmaceutical benefits by approved medical practitioners. The purpose of redrafting this determination is purely to ensure its consistency with the Legislative Instruments Act 2003.
ATTACHMENT
Paragraph 1 provides that the name of the Determination is the Commonwealth price (Pharmaceutical benefits supplied by approved medical practitioners) Determination 2010.
Paragraph 2 provides that the Determination commences on 1 July 2010.
Paragraph 3 revokes, as of 1 July 2010, the previous determination made on 16 July 1996.
Paragraph 4 defines terms used in the Determination.
Paragraph 5 provides that the Commonwealth price is the price determined under the Commonwealth price (Pharmaceutical benefits supplied by approved pharmacists) Determination 2010, as if the pharmaceutical benefit was supplied by an approved pharmacist.