EXPLANATORY STATEMENT
STATUTORY RULES 1987 No. 47
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH (PHARMACEUTICAL BENEFITS)
REGULATIONS (AMENDMENT)
Section 140 of the National Health Act 1953 (“the NHA”) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Health Legislation Amendment Act (No. 2) 1986 (Act No. 94 of 1986) (“the Amendment Act”) received Royal Assent on 13 October 1986. Certain provisions of the Amendment Act which came into operation on 1 April 1987 amended Part VII of the NHA. Part VII makes provision for pharmaceutical benefits. In brief, the amending provisions provide that the drugs and medicinal preparations to which Part VII of the NHA applies shall be declared by the Minister rather than, as previously, being prescribed in Regulations.
The Regulations make a number of consequential amendments to the National Health (Pharmaceutical Benefits) Regulations including the repeal of Schedules 1 to 5 which listed the drugs and medicinal preparations available as pharmaceutical benefits.
The Regulations are expressed to come into operation on 1 April 1987, which is the date for the commencement of the relevant provisions of the Amendment Act.