National Health Act 1953 - Amendment determination under section 93 - pharmaceutical benefits supplied by medical practitioners (No. PB 91 of 2009)

Administered by Department of Health, Disability and Ageing

Legislation au F2009L03541 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

INSTRUMENT NUMBER PB 91 OF 2009

 

NATIONAL HEALTH ACT 1953

 

AMENDMENT DETERMINATION UNDER SECTION 93

 

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.

 

Drugs and medicinal preparations to which Part VII applies are (with the exception of some medicinal preparations with additives) declared by the Minister by legislative instrument to be so under subsection 85(2). These are listed drugs as defined in subsection 84(1).

Section 93 of the Act provides for the supply of certain pharmaceutical benefit items to medical practitioners as an emergency drug supply.  These drugs are supplied free of charge to patients.

Subsection 93(1) of the Act provides that, except as prescribed, a medical practitioner is authorised to supply such pharmaceutical benefits as the Minister determines to persons who are entitled under Part VII of the Act to receive those pharmaceutical benefits.

Subsection 93(2) of the Act provides that the Minister may determine the maximum quantity or number of units of a pharmaceutical benefit which may be obtained by a medical practitioner during a specified period and that the medical practitioner shall obtain the pharmaceutical benefit as prescribed.

The determination under section 93 of the Act sets out the conditions under which a medical practitioner is authorised to supply emergency drugs as pharmaceutical benefits.

The Schedule to the determination lists the names of the pharmaceutical benefits to which section 93 applies, together with the form (strength type, size etc.) and maximum quantity of those pharmaceutical benefits.

This legislative instrument amends the determination under section 93 made by legislative instrument number PB 57 of 2007 which came into effect on 1 August 2007.  The amendments are set out in the items of Schedule 1 to this instrument.

A provision-by-provision description of the instrument is contained in the Attachment.

This instrument, expressed to commence on 1 October 2009, was made on 3 September 2009.

Consultations

The involvement of interested parties through the membership of the PBAC constitutes a formal and ongoing process of consultation.  The PBAC is an independent expert body established by section 100A which makes recommendations to the Minister about which drugs and medicinal preparations should be available as pharmaceutical benefits.  PBAC members are appointed following nomination by prescribed organisations and associations from consumers, health economists, practising community pharmacists, general practitioners, clinical pharmacologists and specialists, with at least one member selected from each of those interests or professions.  Remaining members are persons whom the Minister is satisfied have qualifications and experience in a field relevant to the functions of the PBAC, and that would enable them to contribute meaningfully to the deliberations of the PBAC.  When recommending the listing of a medicine on the PBS, the PBAC takes into account the medical conditions for which the medicine has been approved for use in Australia, its clinical effectiveness, safety and cost-effectiveness compared with other treatments.

 


ATTACHMENT

Paragraph 1:  provides that this determination commences on 1 October 2009.

Paragraph 2: provides that Schedule 1 amends PB 57 of 2007.

Schedule 1: provides for the following amendments: 

 

 

THE SCHEDULE

Deletion of Form

Naloxone Injection containing naloxone hydrochloride 800 micrograms in 2 mL disposable injection set

Overview

The National Health Act 1953, enacted by the Parliament of Australia, forms the legislative foundation for the Pharmaceutical Benefits Scheme (PBS), which ensures Australians have access to affordable medicines. One of the Act’s purposes is to provide reliable, timely, and affordable access to a wide range of medicines, including emergency drugs supplied free of charge to patients. Section 93 of the Act allows the Minister to determine the conditions under which medical practitioners can supply certain pharmaceutical benefit items as emergency drugs. This Act was amended in 2009 to adjust the conditions for the supply of these emergency drugs, with the objective of ensuring the continued availability and appropriate distribution of essential pharmaceutical benefits to meet urgent medical needs.

Scope and Application

This legislative instrument amends the determination under section 93 of the National Health Act 1953, which pertains to the supply of certain pharmaceutical benefit items as an emergency drug supply. It applies to medical practitioners who are authorised to supply these emergency drugs to individuals entitled to receive them under Part VII of the Act. The amendment modifies the earlier determination made by PB 57 of 2007, effective from 1 August 2007, to include updated conditions and listings of pharmaceutical benefits as outlined in Schedule 1. The changes, which came into effect on 1 October 2009, specify the form, strength, type, size, and maximum quantity of pharmaceutical benefits that can be supplied. The instrument ensures that medical practitioners adhere to the prescribed conditions when providing these emergency drugs free of charge to patients, thereby maintaining the integrity and accessibility of the Pharmaceutical Benefits Scheme (PBS).

Key Provisions

The National Health Act 1953 Amendment Determination under section 93, specifically item 1 in Schedule 1, sets out the conditions under which medical practitioners are authorised to supply certain pharmaceutical benefits as emergency drugs. The Act, as amended by this determination, requires that these drugs be supplied free of charge to patients. Under subsection 93(1), a medical practitioner can supply specified pharmaceutical benefits to persons entitled under Part VII, unless otherwise prescribed. The Minister, in accordance with subsection 93(2), can determine the maximum quantity or number of units of a pharmaceutical benefit that a medical practitioner may obtain during a specified period. The obligations imposed on parties governed by this Act include that medical practitioners must adhere to the conditions set out in the determination when supplying emergency drugs. This includes ensuring that they only supply the maximum quantities permitted and that they supply the drugs to eligible patients. The Minister's role is to oversee and regulate the supply of these drugs, including making determinations about the types of drugs and their maximum quantities available for supply by medical practitioners. Breaches of the provisions outlined in this Act can result in various civil and criminal consequences. The Act does not specify the exact penalties for non-compliance, but it is understood that penalties could range from fines to more severe criminal charges, depending on the nature and extent of the breach. The severity of the penalties may depend on factors such as the intent behind the breach, whether it caused harm to patients, and the degree of non-compliance. The precise penalties would be determined in accordance with other relevant legislation and judicial discretion.

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Medical Law
Instrument
Amending Act
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Definitions & Interpretation
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.