National Health Amendment (Pharmaceutical Benefits Budget Measures) Act 2004

Administered by Department of Health, Disability and Ageing

Legislation au C2004A01353 In force Act

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National Health Amendment (Pharmaceutical Benefits—Budget Measures) Act 2004

 

No. 119, 2004

 

 

 

 

 

An Act to change the Pharmaceutical Benefits Scheme, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Changes to the Pharmaceutical Benefits Scheme

Part 1—Changes to charges

National Health Act 1953

Part 2—Changes to general patient safety net

National Health Act 1953

 

 

 

National Health Amendment (Pharmaceutical Benefits—Budget Measures) Act 2004

No. 119, 2004

 

 

 

An Act to change the Pharmaceutical Benefits Scheme, and for related purposes

[Assented to 13 July 2004]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the National Health Amendment (Pharmaceutical Benefits—Budget Measures) Act 2004.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

13 July 2004

2.  Schedule 1

1 January 2005.

1 January 2005

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Changes to the Pharmaceutical Benefits Scheme

Part 1—Changes to charges

National Health Act 1953

1  Paragraph 84C(4)(c)

Omit “$20.00” (wherever occurring), substitute “$28.60”.

2  Paragraph 84C(4)(d)

Omit “$3.20” (wherever occurring), substitute “$4.60”.

3  Subsection 84C(4) (note)

Omit “amounts of $20.00 and $3.20 referred to in this subsection”, substitute “figures expressed in this subsection in dollars”.

4  Section 84CA

Omit “$3.20”, substitute “$4.60”.

5  Section 84CA (note)

Omit “This amount of $3.20”, substitute “The figure expressed in this section in dollars”.

6  Paragraphs 87(2)(a), (b) and (c)

Omit “$3.20”, substitute “$4.60”.

7  Paragraph 87(2)(e)

Omit “$20.00”, substitute “$28.60”.

8  Subsection 87(2) (note)

Omit “amounts of $3.20, $600 and $20.00 referred to in this subsection”, substitute “figures expressed in this subsection in dollars”.

9  Paragraphs 99(2A)(a), (aa) and (b)

Omit “$20.00”, substitute “$28.60”.

10  Subsection 99(2A) (note)

Omit “These amounts of $20.00”, substitute “The figures expressed in this subsection in dollars”.

11  Paragraphs 99(2AB)(a), (b) and (c)

Omit “$3.20”, substitute “$4.60”.

12  Subsection 99(2AB) (note)

Omit “These amounts of $3.20”, substitute “The figures expressed in this subsection in dollars”.

13  Paragraphs 99(2B)(a), (b) and (c)

Omit “$3.20”, substitute “$4.60”.

14  Subsection 99(2B) (note)

Omit “These amounts of $3.20”, substitute “The figures expressed in this subsection in dollars”.

15  Section 99F (definition of concessional beneficiary charge)

Omit “$3.20”, substitute “$4.60”.

17  Section 99F (definition of general patient charge)

Omit “$20.00”, substitute “$28.60”.

18  Section 99F (definition of general patient reduced charge)

Omit “$3.20”, substitute “$4.60”.

19  Subsection 99G(1)

Omit “Subject to subsection (1A), an”, substitute “An”.

20  Subsection 99G(1)

After “each year”, insert “after 2005”.

21  Subsections 99G(1A) and (1B)

Repeal the subsections.

22  Subsection 99G(2) (note)

Repeal the note, substitute:

Note: The Department can tell you what the current indexed amounts are.

23  Subsections 99G(3A) and (3B)

Repeal the subsections.

24  Transitional provision relating to section 99G

The indexed amount for an amount to be indexed under section 99G of the National Health Act 1953 on 1 January 2006 is to be worked out as if:

 (a) the amount to be indexed were the current figure for the purposes of the formula in subsection (3) of that section; and

 (b) the index number for the September quarter in 2004 were the previous index number for the purposes of the formula in subsection (4) of that section.


Part 2—Changes to general patient safety net

National Health Act 1953

25  Subsection 84C(1AA)

Omit “$600” (wherever occurring), substitute “$874.90”.

26  Subsection 84C(1AA) (note)

Omit “These amounts of $600”, substitute “The figures expressed in this subsection in dollars”.

27  Paragraphs 87(2)(b) and (c)

Omit “$600”, substitute “$874.90”.

28  Section 99F (definition of general patient safety net)

Omit “$600”, substitute “$874.90”.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 13 November 2002

Senate on 15 December 2002]

(244/02)

 

Overview

The National Health Amendment (Pharmaceutical Benefits—Budget Measures) Act 2004 was enacted by the Parliament of Australia to address budgetary concerns within the Pharmaceutical Benefits Scheme (PBS) under the National Health Act 1953. The Act was assented to on 13 July 2004 and commenced on 1 January 2005. It introduces amendments aimed at adjusting the charges for PBS services to align with budget measures. The primary objective is to update the financial thresholds and charges within the PBS to reflect changes in economic conditions and to ensure the sustainability of the scheme. The Act includes modifications to various sections of the National Health Act 1953, primarily focusing on increasing the general patient charge, concessional beneficiary charge, and general patient safety net thresholds. These amendments are intended to ensure that the PBS remains effective in providing affordable access to necessary pharmaceuticals while maintaining budgetary constraints. By updating these financial parameters, the legislation seeks to balance the need for accessible healthcare with the financial realities of operating the PBS within the broader national health budget.

Scope and Application

The National Health Amendment (Pharmaceutical Benefits—Budget Measures) Act 2004 is an Act of the Parliament of Australia that amends the National Health Act 1953 by modifying the Pharmaceutical Benefits Scheme (PBS). The Act applies to the charges and patient safety net thresholds under the PBS, which affects both consumers and suppliers of pharmaceutical products in Australia. The amendments specified in the Act, which commenced on 1 January 2005, include adjustments to the general patient charge, the general patient reduced charge, and the concessional beneficiary charge, as well as modifications to the general patient safety net threshold. These changes are intended to address budgetary measures within the PBS framework. The Act applies nationally across Australia, as it amends a Commonwealth Act, the National Health Act 1953, and thus has jurisdiction over the entire country. The Act does not explicitly state any exclusions or exemptions but modifies existing provisions through direct amendments. The application of the Act may be further extended or restricted through subordinate instruments, such as regulations, which can provide additional details or specify particular circumstances for the operation of the amended provisions.

Key Provisions

The National Health Amendment (Pharmaceutical Benefits—Budget Measures) Act 2004 amends the National Health Act 1953, specifically targeting the Pharmaceutical Benefits Scheme. The amendments are detailed in Schedule 1, which is divided into two parts: changes to charges and changes to the general patient safety net. Section 1 of the Act provides the short title, while Section 2 outlines the commencement date, with general provisions and the Royal Assent date being 13 July 2004, and the amendments to the charges taking effect from 1 January 2005. The Act imposes several obligations on parties involved in the Pharmaceutical Benefits Scheme. Primarily, it updates the charges for various pharmaceutical services and safety net thresholds. For example, Section 84C(4)(c) and Section 84C(4)(d) of the National Health Act 1953 are amended to change the charge for a standard pharmaceutical benefit from $20.00 to $28.60 and the safety net threshold from $3.20 to $4.60. Furthermore, Section 84CA and Section 84CA (note) update the concessional beneficiary charge from $3.20 to $4.60. These changes are systematically applied across various subsections and paragraphs to ensure uniform updates in the Act. The Act also sets forth penalties and consequences for non-compliance. Although the specific penalties are not detailed in the provided excerpt, it is common for breaches of statutory requirements under the National Health Act 1953 to incur significant penalties. These can include substantial fines and, in severe cases, imprisonment. For instance, unauthorised dispensing of pharmaceuticals or fraudulent claims under the Scheme may result in civil or criminal penalties, depending on the severity and intent behind the breach. The exact penalties would be detailed in the National Health Act 1953 or relevant regulations, but they generally aim to deter non-compliance and ensure the integrity of the Pharmaceutical Benefits Scheme.

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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.