National Health Act 1953 - Declaration under subsection 85(2AA) (No. PB 11 of 1993)

Overview

The National Health Act 1953 was enacted by the Parliament of Australia to establish and promote health services and benefits for Australians, including the provision of pharmaceutical benefits. The Act was introduced to address the need for a structured system to provide affordable medications to the public. The Pharmaceutical Benefits Declaration under subsection 85 (2AA) serves to specify certain drugs and medicinal preparations that are no longer eligible for benefits under Part VII of the Act, thus guiding the Pharmaceutical Benefits Scheme's scope and ensuring the efficient allocation of resources. This particular legislative instrument, No. PB 11 of 1993, was made by David Trevor Graham, the Assistant Secretary of the Pharmaceutical Benefits Branch in the Department of Health, Housing, Local Government and Community Services, and Delegate of the Minister for Health, Housing and Community Services, following advice from the Pharmaceutical Benefits Advisory Committee. The policy objective of this declaration is to refine the list of covered pharmaceutical products, thereby enhancing the Scheme's focus on essential and effective medications.

Scope and Application

The Pharmaceutical Benefits Declaration under subsection 85(2AA) of the National Health Act 1953 applies to the drugs and medicinal preparations listed in the Schedule to this Declaration. This legislative instrument, made by the Assistant Secretary, Pharmaceutical Benefits Branch, Department of Health, Housing, Local Government and Community Services, removes these specified drugs and medicinal preparations from the purview of Part VII of the National Health Act 1953, effectively excluding them from the Pharmaceutical Benefits Scheme. The Declaration is effective from 1 August 1993 and pertains to the Commonwealth of Australia. It specifically targets certain drugs and medicinal preparations, including Dimercaprol, Isoconazole Nitrate, Mustine Hydrochloride, and others listed in the Schedule, thereby altering their status under the National Health Act. This legislative instrument operates within the broader framework of the National Health Act 1953 and does not introduce any exclusions, exemptions, or thresholds beyond what is specified in the Schedule.

Key Provisions

The Pharmaceutical Benefits Declaration under Subsection 85 (2AA) of the National Health Act 1953 (sections 1 and 2) outlines the cessation of certain drugs and medicinal preparations from being covered under Part VII of the Act. Specifically, the drugs and preparations listed in the Schedule cease to be eligible for pharmaceutical benefits as of 1 August 1993. This cessation applies to substances such as Dimercaprol, Isoconazole Nitrate, Mustine Hydrochloride, Nandrolone Phenylpropionate, Phenethicillin Potassium with Purified Water B.P., Pralidoxime Iodide, Sodium Folate, and Thiethylperazine Malate, among others. The obligations imposed by this Act primarily concern the Department of Health, Housing, Local Government and Community Services, and its delegates. David Trevor Graham, the Assistant Secretary of the Pharmaceutical Benefits Branch and Delegate of the Minister for Health, Housing, and Community Services, is responsible for obtaining the advice of the Pharmaceutical Benefits Advisory Committee, as mandated by subsection 85 (2AB). This advice is necessary before making such a declaration. The declaration itself is a formal announcement that specifies which pharmaceutical items will no longer be covered under the Pharmaceutical Benefits Scheme (PBS) from a specified date. There are no direct offences, penalties, or civil/criminal consequences outlined in this particular declaration. However, the broader legislative framework of the National Health Act 1953 does provide for potential sanctions. For instance, if there were any fraudulent claims or misrepresentations regarding the eligibility of pharmaceutical items under the PBS, this could lead to legal repercussions. These might include fines or other penalties as prescribed by the relevant sections of the Act. It is important to note that the specific consequences would depend on the nature and severity of the breach, as well as the provisions of the overarching Act.