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
Overview
The National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2) is an amendment to the National Health Act 1953, introduced to correct a misdescribed amendment made in a previous determination. This Amendment Determination rectifies an error in the National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 1) by altering the word ‘few’ to ‘fewer’ in Item 17. The National Health Act 1953, enacted by the Parliament of Australia, governs the regulation of pharmaceutical benefits and related services, ensuring that pharmacists can apply for approval to supply medicines under the Pharmaceutical Benefits Scheme. This amendment ensures that the Australian Community Pharmacy Authority follows the correct rules when considering such applications. The Amendment Determination No. 2 was determined by the Minister for Health and is compatible with human rights, as it does not affect any individual rights or freedoms.
Scope and Application
The National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2) applies to the regulation and approval of pharmacists who wish to supply pharmaceutical benefits under the National Health Act 1953. This amendment specifically corrects a misdescribed term in the previous Amendment Determination No. 1, ensuring that the language aligns with the legislative intent, without altering the substance of the regulation. The amendment pertains to the Australian Community Pharmacy Authority, which evaluates applications from pharmacists for approval to supply medicines under the Pharmaceutical Benefits Scheme at particular premises. The correction from 'few' to 'fewer' pertains to a technical amendment within the rules that govern the Authority's consideration of such applications. The Amendment Determination No. 2 does not extend the application to any new persons, entities, or industries, nor does it introduce new exclusions, exemptions, or thresholds. The jurisdictional reach remains consistent with the overarching provisions of the National Health Act 1953, which operates on a national level across Australia. This Determination does not introduce any new subordinate instruments but rather rectifies an error in existing rules, ensuring the continued proper functioning of the legislative framework concerning pharmacy approvals.
Key Provisions
The National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2) amends the previous determination by correcting a misdescription at Item 17 of the Amendment Determination No. 1. Specifically, this Amendment Determination No. 2 changes the word ‘few’ to ‘fewer’ in subsection 2(a) of Item 17 (section 3). This is a technical amendment to ensure the correct word is used, thus maintaining the integrity of the legislative text. The Amendment Determination No. 2 is a machinery instrument, aimed purely at correcting a typographical error in the prior legislation.
The Amendment Determination No. 2 imposes obligations on those involved in the application process for pharmacists seeking approval to supply pharmaceutical benefits under the National Health Act 1953. Specifically, it ensures that the Australian Community Pharmacy Authority (Authority) complies with the relevant rules when making recommendations on such applications (subsection 99K(2)). Additionally, it ensures that pharmacists who apply for approval to supply Pharmaceutical Benefits Scheme (PBS) medicines at particular premises must have their applications referred to the Authority for consideration (subsection 90(3A)). This maintains the procedural integrity of the application process.
Under the National Health Act 1953, there are potential civil or criminal consequences for breaches of the provisions governing the supply of pharmaceutical benefits. However, the Amendment Determination No. 2 itself does not introduce new offences or penalties. It is purely a technical correction and does not alter the existing legal framework regarding penalties for non-compliance. Therefore, the existing penalties and consequences for breaches of the Act and its associated rules remain unchanged.
In summary, the National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No. 2) is a technical amendment designed to correct a misdescription in the previous Amendment Determination No. 1. It ensures that the Authority adheres to the correct rules when processing applications from pharmacists. While it does not introduce new obligations or penalties, it maintains the integrity of the legislative framework by ensuring accurate terminology is used.