National Health (Pharmaceutical Benefits) (Application to supply pharmaceutical benefits following the death of approved pharmacist — documentary evidence) Determination 2005

Administered by Department of Health, Disability and Ageing

Legislation au F2005L00358 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Secretary to the Department of Health and Ageing

 

National Health Act 1953

 

National Health (Pharmaceutical Benefits) (Application to supply pharmaceutical benefits following the death of approved pharmacist - documentary evidence) Determination 2005

 

Section 90 of the National Health Act 1953 (the NHA) provides for the Secretary to approve a pharmacist to supply PBS medicines at or from particular premises.

 

Part 3 to Schedule 1 of the Health Legislation Amendment (Podiatric Surgery and Other Matters) Act 2004 (the Amendment Act) amends the NHA to facilitate the continuing supply of PBS medicines in the event of the death of a pharmacist who was approved under section 90 of the Act (an ‘approved pharmacist’).

 

The amendments enable a person who is, or is likely to become, an executor or administrator of the estate of a deceased approved pharmacist, to apply for permission to supply PBS medicines at or from the premises in respect of which the deceased pharmacist had been approved.

 

Such an application must be accompanied by documentary evidence, as determined by the Secretary under subsection 91(2)(c) of the NHA.  The evidence set out in this Determination relates to the identity of the applicant and the nature of their claim, and will enable the Secretary to decide whether the applicant is, or is likely to become, the executor of the administrator of the deceased approved pharmacist’s estate.  Details are provided in the Attachment.

 

The Determination is as comprehensive as possible, however it need not be exhaustive since subsection 91(4) of the NHA provides for the Secretary to request additional evidence from an applicant in order to make a decision in respect of an application.

 

The Determination has effect from the day after it is registered with the Federal Register of Legislative Instruments.


ATTACHMENT

 

Details of the National Health (Pharmaceutical Benefits) (Application to supply pharmaceutical benefits following the death of approved pharmacist - documentary evidence) Determination 2005

 

Section 1 provides for the Determination to be referred to as National Health (Pharmaceutical Benefits) (Application to supply pharmaceutical benefits following the death of approved pharmacist) Determination 2005.

 

Section 2 provides for the Determination to commence on the day after the Determination is registered with the Federal Register of Legislative Instruments.

 

Section 3 defines “Act” to mean the National Health Act 1953 and “certified copy” to mean a copy of a document certified to be a true copy by a person identified by regulation 4 of the Statutory Regulations 1993.

 

Section 4 sets out the documentary evidence that is required by an applicant in respect of an application under subsection 91(1) of the National Health Act 1953, as set out below:

 

(a)          The applicant must provide evidence of his or her identity.  Photographic evidence such as a license or a passport is preferable.  Where this may not be available, the applicant must provide a certified document including his or her signature and a statutory declaration by the applicant that he or she is the person named in the first document.

 

(b)          The applicant must provide evidence that he or she is, or is likely to become, the executor or administrator of the estate of the deceased approved pharmacist.  This encompasses various circumstances, for example:

 

Where the applicant is an executor or administrator of the estate of a deceased approved pharmacist

The applicant should provide certification that he or she has been granted either probate or letters of administration by the court.

 

Where the applicant is likely to become the executor of the estate of a deceased approved pharmacist

The applicant should provide a copy of his or her application to the court for probate. 

 

Where the applicant has not yet applied for probate, the applicant should provide a statutory declaration that he or she will, as soon as is reasonably practicable, apply for probate and that, to his or her knowledge, there is no reason such an application would be refused.

 

Where the applicant is likely to become the administrator of the estate of a deceased approved pharmacist

The applicant should provide evidence of his or her relationship with the deceased approved pharmacist.  This will assist the decision-maker to assess the likelihood of the applicant being granted letters of administration by the court. 

 

In addition, if there are persons other than the applicant that have an equal or higher priority entitlement to a grant of letters of administration, the applicant should provide evidence that those other persons consent to the applicant applying for letters of administration.

 

In circumstances where a will was made by the deceased approved pharmacist naming the applicant as his or her executor and that will was not properly executed, the applicant should provide evidence to this effect.

 

(c)          The applicant must provide a certified copy of the death certificate of the deceased approved pharmacist.

 

(d)          Where the deceased approved pharmacist died testate, the applicant must provide a certified copy of the deceased approved pharmacist’s will, together with a statutory declaration that, to his or her knowledge, it is the last will and testament of the deceased approved pharmacist.

 

(e)          Where the deceased approved pharmacist died intestate and the applicant has applied for letters of administration, the applicant must provide a certified copy of his or her application for letters of administration, together with a statutory declaration that, to his or her knowledge, there is no reason such an application would be refused.

 

(f)           Where the deceased approved pharmacist died intestate and the applicant has not applied for letters of administration, the applicant must provide a statutory declaration that he or she will apply for letters of administration as soon as practicable and that, to his or her knowledge, there is no reason such an application would be refused

 

 

 

Overview

The National Health (Pharmaceutical Benefits) (Application to supply pharmaceutical benefits following the death of approved pharmacist - documentary evidence) Determination 2005 was introduced to address the issue of ensuring continuity in the supply of Pharmaceutical Benefits Scheme (PBS) medicines in the unfortunate event of the death of an approved pharmacist. This Determination was made under section 91(2)(c) of the National Health Act 1953 (NHA) by the Secretary to the Department of Health and Ageing, aligning with the policy objective to facilitate the ongoing supply of PBS medicines as stipulated by the Health Legislation Amendment (Podiatric Surgery and Other Matters) Act 2004. The Determination requires applicants, who are, or are likely to become, executors or administrators of the estate of a deceased approved pharmacist, to provide documentary evidence that verifies their identity and claim, thereby enabling the Secretary to assess their eligibility to continue supplying PBS medicines. This legislative instrument is designed to ensure that the supply of PBS medicines remains uninterrupted while also providing a clear framework for the verification process.

Scope and Application

The National Health (Pharmaceutical Benefits) (Application to supply pharmaceutical benefits following the death of approved pharmacist - documentary evidence) Determination 2005 applies to individuals or entities that seek to supply Pharmaceutical Benefits Scheme (PBS) medicines following the death of an approved pharmacist. Specifically, it applies to persons who are, or are likely to become, executors or administrators of the estate of a deceased approved pharmacist. This legislation ensures the continuity of PBS medicine supply at or from the premises where the deceased pharmacist was approved to operate. The Determination operates at the Commonwealth level, under the authority of the National Health Act 1953. It specifies the documentary evidence required for an application to supply PBS medicines post the pharmacist's death, including identity verification, proof of executorship or administration of the deceased pharmacist's estate, and certified copies of relevant death certificates, wills, and court documents. The Determination does not specify exclusions or thresholds but allows for the Secretary to request additional evidence as necessary for decision-making.

Key Provisions

The National Health (Pharmaceutical Benefits) (Application to supply pharmaceutical benefits following the death of approved pharmacist - documentary evidence) Determination 2005 (the Determination) is a regulatory instrument that provides detailed guidelines for applicants seeking to supply Pharmaceutical Benefits Scheme (PBS) medicines following the death of an approved pharmacist. Section 4 of the Determination outlines the documentary evidence that applicants must provide to substantiate their application under subsection 91(1) of the National Health Act 1953. This includes evidence of the applicant’s identity, proof of their status as an executor or administrator of the deceased pharmacist’s estate, a certified copy of the pharmacist’s death certificate, and other relevant documents such as the deceased pharmacist’s will, application for letters of administration, or statutory declarations. The Determination imposes specific obligations on applicants who wish to continue supplying PBS medicines after the death of an approved pharmacist. Applicants must furnish documentary evidence that verifies their identity and their entitlement to act as the executor or administrator of the deceased pharmacist’s estate. This includes providing certified copies of legal documents such as death certificates, wills, and applications for probate or letters of administration. Additionally, applicants must demonstrate their relationship with the deceased pharmacist and any consent from other potential administrators, where applicable. The requirement for certified documents ensures that the information presented is accurate and legally binding, enabling the Secretary to make an informed decision. Failure to comply with the requirements set out in the Determination may have legal consequences. While the Determination itself does not specify penalties for non-compliance, breaches of the National Health Act 1953, under which the Determination operates, can result in substantial penalties. For instance, supplying PBS medicines without proper authorisation can lead to civil and criminal penalties, including fines and imprisonment. The specific penalties depend on the nature and severity of the offence, as defined in the NHA and other relevant legislation. The Determination, which came into effect on the day after its registration with the Federal Register of Legislative Instruments, serves as a crucial regulatory framework for ensuring the continuity of PBS medicine supply after the death of an approved pharmacist. By setting out clear documentary evidence requirements, it facilitates the application process and helps maintain the integrity of the PBS system. The comprehensive nature of the Determination, while not exhaustive, ensures that applicants provide sufficient information for the Secretary to make a decision regarding their application.

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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.