National Health (Efficient Funding of Chemotherapy) Special Arrangement Amendment Instrument 2015 (No. 9) (PB 95 of 2015)

Administered by Department of Health, Disability and Ageing

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EXPLANATORY STATEMENT

NATIONAL HEALTH ACT 1953

NATIONAL HEALTH (EFFICIENT FUNDING OF CHEMOTHERAPY) SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2015 (No. 9)

PB 95 of 2015

 

Authority

Subsection 100(1) of the National Health Act 1953 (the Act) enables the Minister to make special arrangements for the supply of pharmaceutical benefits. Subsection 100(2) of the Act provides that the Minister may vary or revoke a special arrangement made under subsection 100(1).

 

Subsection 100(3) of the Act provides that Part VII of the Act, and instruments made for the purposes of Part VII, have effect subject to a special arrangement made under subsection 100(1). 

 

Purpose

The purpose of this legislative instrument, made under subsections 100(1) and 100(2) of the Act, is to amend the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2011 (PB 79 of 2011) (the Special Arrangement), to make changes relating to the efficient funding of chemotherapy.

 

The Special Arrangement achieves greater efficiency in payment for the supply of injected or infused chemotherapy medicines (“chemotherapy pharmaceutical benefits”) to eligible patients being treated for cancer, to reflect the 2010 budget measure entitled ‘Revised arrangements for the efficient funding of chemotherapy drugs’. This Special Arrangement also relates to the supply of medicines associated with the side-effects of cancer and cancer treatment (“related pharmaceutical benefits”) at certain public hospitals.

 

This instrument makes changes to the pharmaceutical benefits available under the Special Arrangement for the efficient funding of chemotherapy. These changes reflect changes made to the National Health (Listing of Pharmaceutical Benefits) Instrument 2012 made under sections 84AF, 84AK, 85, 85A, 88 and 101 of the Act, which commence on the same day.

 

This instrument:

  • updates the responsible person for listed brands of multiple listed drugs from Actavis Pty Ltd (GN) to Amneal Pharmaceuticals Pty Ltd (EA);
  • updates the responsible person for listed brands of multiple listed drugs from Actavis Australia Pty Ltd (VN) to Amneal Pharmaceuticals Pty Ltd (EA);
  • updates the responsible person for listed brands of multiple listed drugs from Actavis Pty Ltd (GN) to Amneal Pharmaceuticals Pty Ltd (ED);
  • updates the responsible person for listed brands of multiple listed drugs from Actavis Pty Ltd (UA) to Amneal Pharmaceuticals Pty Ltd (EA);
  • amends and adds new circumstance codes, purpose codes and the associated circumstances for the listed drug ‘Panitumumab’;
  • removes the responsible person Actavis Australia Pty Ltd (VN);
  • adds the new responsible person, Amneal Pharmaceuticals Pty Ltd (ED); and
  • removes the special patient contribution for the listed drug, ‘Bleomycin’.

 

A provision by provision description of this instrument is contained in Attachment B.

 

Consultations

An ongoing and formal process of consultation in relation to matters relevant to the Special Arrangement includes the involvement of interested parties through the membership of the Pharmaceutical Benefits Advisory Committee (PBAC). PBAC is an independent expert body established by section 100A of the Act 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 PBAC, and that would enable them to contribute meaningfully to the deliberations of PBAC.  When recommending the listing of a medicine on the Pharmaceutical Benefits Scheme (PBS), 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.

 

This instrument commences on 1 October 2015.

 

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.


ATTACHMENT B

PROVISION BY PROVISION DESCRIPTION OF THE NATIONAL HEALTH (EFFICIENT FUNDING OF CHEMOTHERAPY) SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2015 (No. 9)

Section 1  Name of Instrument

This section provides that this Instrument is the National Health (Efficient Funding of Chemotherapy) Special Arrangement Amendment Instrument 2015 (No.9) and that it may also be cited as PB 95 of 2015.

Section 2  Commencement

This section provides that this Instrument commences on 1 October 2015.

Section 3   Amendments to PB 79 of 2011

This section provides that Schedule 1 amends the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2011 (PB 79 of 2011) (the Special Arrangement).

 

Item 1 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Bleomycinin the form ‘Powder for injection containing bleomycin sulfate 15,000 I.U.’ and brand ‘Bleo 15K’ by changing the responsible person code from ‘GN’ to ‘EA’. 

Item 2 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Carboplatinin each of the formsSolution for I.V. injection 150 mg in 15 mL; and ‘Solution for I.V. injection 50 mg in 5 mL’ and brand ‘Carbaccord’ by changing the responsible person code from ‘GN’ to ‘EA.

Item 3 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Docetaxelin the form ‘Solution for I.V. infusion 140 mg in 7 mL and brand ‘Oncotaxel 140’ by changing the responsible person code from ‘GN’ to ‘EA.

Item 4 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Docetaxelin the form ‘Solution for I.V. infusion 80 mg in 4 mL and brand ‘Oncotaxel 80’ by changing the responsible person code from ‘GN’ to ‘EA.

Item 5 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Doxorubicinin the form Solution for I.V. injection or intravesical administration containing doxorubicin hydrochloride 200 mg in 100 ml single dose vial and brand ‘Accord Doxorubicin’ by changing the responsible person code from ‘GN’ to ‘EA.

Item 6 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Epirubicinin each of the formsSolution for injection containing epirubicin hydrochloride 100 mg in 50 mL’; ‘Solution for injection containing epirubicin hydrochloride 200 mg in 100 mL’; and ‘Solution for injection containing epirubicin hydrochloride 50 mg in 25 mL’ and brand ‘Epirubicin ACT’ by changing the responsible person code from ‘VN’ to ‘EA.

Item 7 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Gemcitabinein the form Powder for I.V. infusion 1 g (as hydrochloride) and brand ‘Gemaccord by changing the responsible person code from ‘GN’ to ‘EA.

Item 8 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Gemcitabinein the form Powder for I.V. infusion 2 g (as hydrochloride) and brand ‘Gemcitabine Actavis 2000 by changing the responsible person code from ‘GN’ to ‘EA.

Item 9 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Gemcitabinein the form Powder for I.V. infusion 200 mg (as hydrochloride) and brand ‘Gemaccord by changing the responsible person code from ‘GN’ to ‘EA.

Item 10 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Irinotecanin the form I.V. injection containing irinotecan hydrochloride trihydrate 100 mg in 5 mL and brand ‘Irinoccord by changing the responsible person code from ‘GN’ to ‘EA.

Item 11 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Irinotecanin the form I.V. injection containing irinotecan hydrochloride trihydrate 40 mg in 2 mL and brand ‘Irinoccord by changing the responsible person code from ‘GN’ to ‘EA.

Item 12 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Irinotecanin the form I.V. injection containing irinotecan hydrochloride trihydrate 500 mg in 25 mL and brand ‘Irinotecan Actavis 2000 by changing the responsible person code from ‘UA’ to ‘EA.

Item 13 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Irinotecanin the form I.V. injection containing irinotecan hydrochloride trihydrate 500 mg in 25 mL and brand ‘Tecan by changing the responsible person code from ‘GN’ to ‘ED.

Item 14 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Methotrexatein each of the formsInjection 50 mg in 2 mL vial’ and ‘Solution concentrate for I.V. infusion 1000 mg in 10 mL vial’ and brand ‘Methaccord’ by changing the responsible person code from ‘GN’ to ‘EA.

Item 15 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Oxaliplatinin the form Solution concentrate for I.V. infusion 100 mg in 20 mL’ and brand ‘Oxaliccord by changing the responsible person code from ‘GN’ to ‘EA.

Item 16 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Paclitaxelin each of the forms Solution concentrate for I.V. infusion 100 mg in 16.7 mL’; ‘Solution concentrate for I.V. infusion 150 mg in 25 mL; ‘Solution concentrate for I.V. infusion 30 mg in 5 mL; and ‘Solution concentrate for I.V. infusion 300 mg in 50 mL and brand ‘Paclitaxel Actavis’ by changing the responsible person code from ‘UA’ to ‘EA.

Item 17 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Paclitaxelin each of the forms Solution concentrate for I.V. infusion 100 mg in 16.7 mL’; ‘Solution concentrate for I.V. infusion 150 mg in 25 mL; ‘Solution concentrate for I.V. infusion 30 mg in 5 mL; and ‘Solution concentrate for I.V. infusion 300 mg in 50 mL and brand ‘Plaxel’ by changing the responsible person code from ‘GN’ to ‘ED.

Item 18 amends the entry in Schedule 1 Part 1 of the Special Arrangement for ‘Panitumumab’ in each of the forms ‘Solution for I.V infusion 100 mg in 5 mL’ and ‘Solution for I.V infusion 400 mg in 20 mL’ by removing the circumstance codes ‘C4783’ and ‘C4784’ and adding new circumstance codes ‘C5439’, ‘C5447’, C5452 and ‘C5526’.

Item 19 amends Schedule 1 Part 2 of the Special Arrangement for ‘Panitumumab’ by adding the new purpose codes ‘P5439’, ‘P5447’, P55452’, ‘P5526’ and the associated maximum amounts and number of repeats.

 

 

 

 

 

Item 20 amends the entry in Schedule 2 of the Special Arrangement for ‘Ondansetronin the form ‘Tablet (orally disintegrating) 4 mg and brand ‘Onsetron ODT 4 by changing the responsible person code from ‘GN’ to ‘ED.

Item 21 amends the entry in Schedule 2 of the Special Arrangement for ‘Ondansetronin the form ‘Tablet (orally disintegrating) 8 mg and brand ‘Onsetron ODT 8 by changing the responsible person code from ‘GN’ to ‘ED.

Item 22 amends the entry in Schedule 3 of the Special Arrangement by inserting the new responsible person code ‘ED’ and the responsible person, ‘Amneal Pharmaceuticals Pty Ltd’.

Item 23 amends the entry in Schedule 3 of the Special Arrangement by removing the responsible person code ‘VN’ and the associated responsible person, ‘Actavis Pty Ltd’.

Item 24 amends the entry in Schedule 4 of the Special Arrangement by adding the new circumstance codes ‘C5439’, C5447’, ‘C5452’and ‘C5526’, purpose codes and the associated circumstances for pharmaceutical benefits with the listed drug ‘Panitumumab’.

Item 25 amends Schedule 5 of the Special Arrangement by removing the special patient contribution associated with the listed drug ‘Bleomycin’.

 

 

 

 

 

 

 

 

 

 


 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Health (Efficient Funding of Chemotherapy) Special Arrangement Amendment Instrument 2013 (No. 4)

This Legislative Instrument 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 Legislative Instrument

The purpose of this legislative instrument, made under subsections 100(1) and 100(2) of the Act, is to amend the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2011 (PB 79 of 2011) (the Special Arrangement), to make changes to the special arrangement relating to the efficient funding of chemotherapy.

The Special Arrangement achieves greater efficiency in payment for the supply of injected or infused chemotherapy medicines (“chemotherapy pharmaceutical benefits”) to eligible patients being treated for cancer, to reflect the 2010 budget measure titled ‘Revised arrangements for the efficient funding of chemotherapy drugs’. This Special Arrangement also relates to the supply of medicines associated with the side-effects of cancer and cancer treatment (“related pharmaceutical benefits”) at certain public hospitals.

This Instrument:

  • adds 4 new listed brands for the listed drugsDoxorubicin’, and ‘Gemcitabine’;
  • adds 1 new listed form for the listed drug ‘Aprepitant’;
  • removes 2 listed brands for the listed drug ‘Docetaxel’; and
  • adds new circumstance codes and the associated circumstances for  the listed drug ‘Aprepitant’.

Human rights implications

This legislative instrument engages Article 2 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) by assisting with the progressive realisation by all appropriate means of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

The Pharmaceutical Benefits Scheme (PBS) is a benefit scheme which assists with advancement of this human right by providing for subsidised access by patients to medicines. The recommendatory role of the Pharmaceutical Benefits Advisory Committee (PBAC) ensures that decisions about subsidised access to medicines on the PBS are evidence-based.

Conclusion

This Legislative Instrument is compatible with human rights because it advances the protection of human rights.

 

Kim Bessell

 

Overview

The National Health (Efficient Funding of Chemotherapy) Special Arrangement Amendment Instrument 2015 (No. 9) was enacted to amend the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2011. This instrument was introduced to address the efficient funding of chemotherapy by updating the responsible persons for certain listed drugs, adding new circumstance and purpose codes for Panitumumab, and removing the special patient contribution for Bleomycin. The Minister for Health, under the authority of the National Health Act 1953, made this amendment to ensure the continued efficiency and effectiveness of the pharmaceutical benefits scheme, specifically for the funding of chemotherapy drugs. The policy objective is to maintain a system that provides efficient and equitable access to necessary medications for cancer patients, ensuring that changes reflect broader updates in the National Health (Listing of Pharmaceutical Benefits) Instrument 2012.

Scope and Application

The National Health (Efficient Funding of Chemotherapy) Special Arrangement Amendment Instrument 2015 (No. 9) amends the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2011, which pertains to the efficient funding of chemotherapy pharmaceutical benefits for eligible cancer patients and related pharmaceutical benefits for managing the side effects of cancer and cancer treatment at certain public hospitals. This instrument applies to entities and persons involved in the supply and administration of these pharmaceutical benefits, specifically updating responsible persons for listed brands of multiple drugs and modifying the circumstances and purpose codes for certain drugs. The amendments are designed to reflect changes in the National Health (Listing of Pharmaceutical Benefits) Instrument 2012, ensuring consistency in the funding and supply arrangements for chemotherapy treatments. This instrument has a national reach, affecting entities and individuals across Australia engaged in the supply and administration of these pharmaceutical benefits. The amendments come into effect on 1 October 2015, and the Act may be further extended or restricted through subordinate instruments as necessary. The instrument ensures the efficient funding of chemotherapy by aligning the special arrangement with the current listing of pharmaceutical benefits and the responsible entities involved in their supply.

Key Provisions

The National Health (Efficient Funding of Chemotherapy) Special Arrangement Amendment Instrument 2015 (No. 9) (the Instrument) amends the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2011 (PB 79 of 2011) (the Special Arrangement). The Special Arrangement, established under subsection 100(1) of the National Health Act 1953 (the Act), aims to achieve greater efficiency in the payment for the supply of chemotherapy medicines to eligible patients being treated for cancer, and also covers the supply of medicines for side-effects of cancer and its treatment at certain public hospitals. The Instrument updates the responsible persons for listed brands of various drugs from Actavis Pty Ltd and Actavis Australia Pty Ltd to Amneal Pharmaceuticals Pty Ltd, removes Actavis Australia Pty Ltd as a responsible person, and adds Amneal Pharmaceuticals Pty Ltd as a new responsible person. It also amends and adds circumstance codes, purpose codes, and associated circumstances for the drug 'Panitumumab', and removes the special patient contribution for 'Bleomycin'. The Instrument imposes several obligations on the parties it governs. Firstly, it requires the updating of responsible persons for various listed brands of drugs from Actavis Pty Ltd and Actavis Australia Pty Ltd to Amneal Pharmaceuticals Pty Ltd. This includes updating the responsible person codes in the Special Arrangement for various chemotherapy drugs such as Bleomycin, Carboplatin, Docetaxel, Doxorubicin, Epirubicin, Gemcitabine, Irinotecan, Methotrexate, Oxaliplatin, and Paclitaxel. Secondly, it mandates the addition of new circumstance codes, purpose codes, and associated circumstances for the drug Panitumumab, and the removal of the special patient contribution for the drug Bleomycin. These changes are designed to reflect the updated arrangements for the efficient funding of chemotherapy. The Instrument also outlines the consequences for non-compliance. While the Instrument itself does not specify penalties for breach, non-compliance with the provisions of the Special Arrangement could potentially lead to legal consequences under the National Health Act 1953 or other relevant legislation. This could include fines, revocation of pharmaceutical benefits listings, or other administrative actions deemed necessary by the Minister. In summary, the Instrument amends the Special Arrangement by updating responsible persons for listed brands of various chemotherapy drugs, adding and amending circumstance and purpose codes for certain drugs, and removing the special patient contribution for Bleomycin. These changes are intended to ensure the efficient funding of chemotherapy and related pharmaceutical benefits, reflecting updated arrangements and evidence-based decisions by the Pharmaceutical Benefits Advisory Committee.

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Area of Law
Health Law
Instrument
Legislative Instrument
Concepts
Reporting & Disclosure Obligations
Licensing & Registration
Regulatory Standards
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Pharmaceutical Benefits
Chemotherapy

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