EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 148
NATIONAL HEALTH (PHARMACEUTICAL BENEFITS)
REGULATIONS (AMENDMENT)
Issued by the authority of the Minister for Health
Section 140 of the National Health Act 1953 (‘the Act’) provides that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary to be prescribed for carrying out or giving effect to the Act.
The Health Legislation Amendment Act (No. 2) 1983 (‘the amending Act’) amended the Act in respect of two matters; firstly, it provided for greater flexibility in the delegation of powers under the Act, and, secondly, it removed the restriction on the number of friendly society dispensaries that may dispense pharmaceutical benefits to members of the public. Consequential amendments are now required to the National Health (Pharmaceutical Benefits) Regulations (‘the Regulations’).
Section 26 of the amending Act repealed section 6 of the Act and replaced it with a new section relating to the delegation by the Minister for Health and the Permanent Head of the Department of Health of their powers and functions under the Act or the Regulations. This amendment has, among other things, removed the restriction on the delegation of the Permanent Head’s powers and functions under Part VII of the Act to a Director or an officer of the Department of Health who is a pharmacist. Part VII of the Act makes provision for the supply by the Commonwealth of certain drugs and medicinal preparations as pharmaceutical benefits.
Regulation 7 formerly provided that the Permanent Head could delegate any of his powers and functions under the Regulations (except the power of delegation). Former sub-regulation 7 (4) restricted the delegation of these powers and functions under the Regulations to an officer of the Department who was a medical practitioner or a pharmacist.
Regulation 1 repealed regulation 7 of
the Regulations.
Section 53 of the amending Act repealed section 91 of the Act, which formerly imposed certain restrictions on the number of friendly society dispensaries which could dispense pharmaceutical benefits to the public. A consequential amendment is required in respect of Form C in Schedule 6 to the Regulations to remove the references to section 91 of the Act.
Regulation 2 amended Schedule 6 to the Regulation by substituting a new Form C. A copy of the Form is attached.
Regulation 8
FORM C
COMMONWEALTH OF AUSTRALIA
National Health Act 1953
APPLICATION FOR APPROVAL AS A PHARMACEUTICAL CHEMIST
(By a Friendly Society or a Friendly Society Body)
I, of the person authorized to make this application by which is a friendly society or body carrying on business for the benefit of members of a friendly society or friendly societies, hereby apply for approval of that friendly society or body as a pharmaceutical chemist in respect of premises situated at trading as
The friendly society or body is prepared to supply on demand, at or from its premises specified above, pharmaceutical benefits in accordance with Part VII of the National Health Act 1953 and the Regulations made under that Act.
Dated this day of 19 .
(Signature of person
authorized to make
application)
_________________________