STATUTORY RULES.
1963. No. 69.
REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953-1962.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act 1953-1962.
Dated this Seventh day of August, 1963.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
Minister of State for Health.
AMENDMENTS OF THE NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS.†
1. Regulation 15 of the National Health (Pharmaceutical Benefits) Regulations is repealed and the following regulation inserted in its stead:—
Medical practitioners excepted from the authorization conferred by section 93.
“15. A medical practitioner who is practising his profession on a ship is not authorized to supply pharmaceutical benefits under section 93 of the Act.”.
Obtaining of benefits by medical practitioners for the purpose of section 93.
2. Regulation 16 of the National Health (Pharmaceutical Benefits) Regulations is amended by inserting after the words “medical practitioner” (first occurring) the words “, other than an approved medical practitioner,”.
Payment for pharmaceutical benefits supplied for the purpose of section 93.
3. Regulation 18 of the National Health (Pharmaceutical Benefits) Regulations is amended by inserting after the word “Act” the words “on an order given under regulation 16 of these Regulations and”.
4. After Regulation 18 of the National Health (Pharmaceutical Benefits) Regulations the following regulation is inserted in Part IV.:—
Benefits by approved medical practitioners for the purpose of section 93.
“18A.—(1.) An approved medical practitioner shall obtain a pharmaceutical benefit for the purpose of section 93 of the Act otherwise than by lodging with an approved pharmaceutical chemist an order under regulation 16 of these Regulations.
“(2.) An approved medical practitioner who obtains a pharmaceutical benefit for the purpose of section 93 of the Act shall furnish to the Director-General a notification of his having obtained the benefit, signed by the medical practitioner, in accordance with a form authorized by the Director-General.
* Notified in the Commonwealth Gazette on 12th August, 1963.
† Statutory Rules 1960, No. 17, as amended by Statutory Rules 1960, Nos. 90 and 102; 1962, Nos. 59 and 137; and 1962, Nos. 34 and 101.
3796/63.—PRICE 3D. 9/15.5.1963.
“(3.) An approved medical practitioner who furnishes a notification under the last preceding sub-regulation shall retain a copy of the notification for a period of not less than one year from the date on which the notification is so furnished.
Penalty: Ten pounds.
“(4.) An approved medical practitioner who has obtained a pharmaceutical benefit for the purpose of section 93 of the Act in accordance with these Regulations and has furnished a notification under sub-regulation (2.) of this regulation with respect to that benefit is, upon furnishing to the Director-General a claim in accordance with a form made available by the Director-General to approved medical practitioners for the purpose, being a claim, duly completed and furnished in accordance with the directions on such a form, entitled to payment from the Commonwealth in respect of that pharmaceutical benefit at the rate applicable in the case of the supply of the like benefit on an order under regulation 16 of these Regulations.”.
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1963 No. 69, Regulations under the National Health Act 1953-1962, were enacted to address specific issues within the pharmaceutical benefits scheme of the National Health Act 1953. These regulations were made by the Governor-General, on the advice of the Federal Executive Council, and came into effect on August 7, 1963. The regulations amend the National Health (Pharmaceutical Benefits) Regulations to clarify the roles and responsibilities of medical practitioners in obtaining and supplying pharmaceutical benefits, particularly those practicing on ships, and to ensure that approved medical practitioners follow the correct procedures for claiming benefits. The policy objective is to streamline the process for approved medical practitioners to access pharmaceutical benefits while maintaining oversight and accountability through the Director-General.
Scope and Application
The Statutory Rules 1963 No. 69, made under the National Health Act 1953-1962, modify the National Health (Pharmaceutical Benefits) Regulations, primarily concerning the provisions and processes by which medical practitioners can supply and obtain pharmaceutical benefits. These regulations apply to medical practitioners, particularly those who are practising on a ship or are approved medical practitioners, and they govern the manner in which pharmaceutical benefits can be accessed and claimed for. The jurisdictional reach of these regulations is national, extending across the Commonwealth of Australia as they are made under federal authority. The regulations specify that medical practitioners practising on a ship are not authorised to supply pharmaceutical benefits, while approved medical practitioners must follow distinct procedures to obtain and claim these benefits. Notably, approved medical practitioners must notify the Director-General of their benefit acquisition and retain the notification for at least a year. This legislative instrument does not explicitly state any exclusions, exemptions, or thresholds but instead delineates the processes and requirements through subordinate instruments.
Key Provisions
The statutory rules outlined in Statutory Rules 1963 No. 69, made under the National Health Act 1953-1962, contain amendments to the National Health (Pharmaceutical Benefits) Regulations. Firstly, Regulation 15 has been repealed and replaced to clarify that medical practitioners practising on a ship are not authorized to supply pharmaceutical benefits under section 93 of the Act (Regulation 15). Secondly, Regulation 16 has been amended to exclude approved medical practitioners from the general rule, thus allowing them to obtain pharmaceutical benefits under certain conditions (Regulation 16). Thirdly, Regulation 18 has been amended to specify that payment for pharmaceutical benefits supplied must be on the basis of an order given under Regulation 16 and in accordance with the Act (Regulation 18). Finally, a new Regulation 18A has been inserted to provide a process for approved medical practitioners to obtain pharmaceutical benefits and to claim payment from the Commonwealth (Regulation 18A).
The obligations imposed by these regulations on medical practitioners include obtaining pharmaceutical benefits only through approved processes, notifying the Director-General of such benefits, and retaining notification records for at least one year. Specifically, an approved medical practitioner must obtain a pharmaceutical benefit in a manner other than by lodging an order with an approved pharmaceutical chemist (Regulation 18A(1)). They must also notify the Director-General of the benefit obtained, providing a signed notification in a form authorized by the Director-General (Regulation 18A(2)). This notification must be retained for a minimum of one year (Regulation 18A(3)). Once these steps are completed, the practitioner can claim payment from the Commonwealth at the applicable rate (Regulation 18A(4)).
Failure to comply with these obligations can lead to civil and administrative consequences. Under the regulations, an approved medical practitioner who does not furnish the required notification to the Director-General is subject to a penalty of ten pounds (Regulation 18A(3)). Additionally, if a medical practitioner fails to adhere to the prescribed processes for obtaining and claiming benefits, they may not be entitled to reimbursement from the Commonwealth. These penalties and consequences are designed to ensure compliance with the regulatory framework and to maintain the integrity of the pharmaceutical benefits system.