EXPLANATORY STATEMENT
National Health Act 1953
National Health (Pharmaceutical Benefits) Regulations (Amendment)
Apart from section 140 of the National Health Act 1953 (the Act), which provides that the Governor-General may make regulations for purposes of the Act, certain other provisions in the Act also specifically provide for matters to be prescribed by Regulation. Paragraph 105(a) of the Act provides that the regulations may prescribe the terms and conditions subject to which pharmaceutical benefits may be supplied.
The proposed Regulations amend regulation 25 of the National Health (Pharmaceutical Benefits) Regulations to extend the permissible period between the filling of a prescription and the next repeat prescription of the same drug from the next day to three clear days. This amendment curbs the potential for hoarding or squirrelling of drugs towards the end of the Safety Net year. Under the provisions of Division 1A of the Act the Safety Net provides to persons or families who purchase 25 prescriptions within a calendar year free pharmaceutical benefits for the remainder of that year.
The amendment, however, also allows for the further supply of a benefit within the three days where a medical practitioner so prescribes that supply is necessary for the treatment of the person, and in those cases where the benefit is destroyed, lost or stolen. The supplier is required appropriately to endorse and sign the prescription where a second supply is made within the three days.
The amendment to regulation 25 is to commence on 1 November 1990.
S.R. 363/90