EXPLANATORY STATEMENT
Issued by Authority of the Minister for Health
National Health Act 1953
National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2)
Section 90 of the National Health Act 1953 (‘Act’) provides that the Secretary may, upon application by a pharmacist, approve a pharmacist to supply pharmaceutical benefits at particular premises.
Subsection 90(3A) of the Act provides that an application made under section 90 must be referred to the Australian Community Pharmacy Authority (‘Authority’).
Subsection 99K(2) of the Act provides that in making a recommendation in relation to applications under section 90, the Authority must comply with the relevant rules determined by the Minister under subsection 99L(1) of the Act. The National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (‘Pharmacy Location Rules’) was determined by the Minister on 13 September 2011.
The National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2) (‘Amendment Determination No. 2’) amends the National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 1) (‘Amendment Determination No. 1’) by correcting a misdescribed amendment at Item 17 of the Amendment Determination No. 1.
The Amendment Determination No. 2 amends the word ‘few’ in subsection 2(a) of Item 17 of the ‘omit’ and ‘insert’ provisions of the Amendment Determination No. 1 by correcting the word ‘few’ to ‘fewer’.
Consultation
As this amendment is machinery in nature, consultation was not required.
ATTACHMENT
Details of the National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2)
- Name of Determination
Section 1 provides that this Determination is called the National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2).
2. Commencement
Section 2 provides that this Determination commences immediately after the time specified in the National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 1) for the commencement of Item 17 of Schedule 1 to that Instrument.
3. Amendments to PB 89 2015
Section 3 provides that Schedule 1 of this Determination amends the National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 1) (PB 89 of 2015).
Schedule 1 Amendments
Amendments to Item 17
Item 1 corrects a misdescribed amendment in subsection 2(a) of Item 17 of the National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 1) by correcting the word ‘few’ to ‘fewer’.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2)
The National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2) (this Determination) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Determination
The purpose of this Determination, made under subsection 99L(1) of the National Health Act 1953 (Act), is machinery in nature to correct a misdescribed amendment in the National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 1) (the Amendment Determination No. 1).
Section 90 of the Act enables a pharmacist to make an application for approval to supply Pharmaceutical Benefits Scheme (PBS) medicines at particular premises.
Such an application must be referred to the Authority under subsection 90(3A) of the Act for consideration in accordance with the Pharmacy Location Rules.
This Determination corrects a misdescribed amendment at Item 17 of the Amendment Determination No. 1. The correction is to amend the reference to the word ‘few’ as it appears in the first line of subsection (2)(a) of Item 17of the Amendment Determination No. 1 to ‘fewer’.
Human rights implications
This Determination is machinery in nature and does not have any human rights implications.
Conclusion
This Determination is compatible with human rights as the amendment made by this Determination is machinery in nature.
Sussan Ley
Minister for Health