Pharmaceutical Benefits Act 1947

Legislation au C1947A00033 Not in force Act

Legislation content

PHARMACEUTICAL BENEFITS.

 

No. 33 of 1947.

An Act relating to Pharmaceutical Benefits.

[Assented to 12th June, 1947.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Pharmaceutical Benefits Act 1947.

Commencement.

2.—(1.) Sections one to six (inclusive), nine, ten, eleven, twelve, fifteen, sixteen, eighteen, twenty and twenty-three of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(2.) The remaining sections of this Act shall come into operation on a date to be fixed by Proclamation.

Repeal.

3. The Pharmaceutical Benefits Act 1944 and the Pharmaceutical Benefits Act 1945 are repealed.

Definitions.

4.—(1.) In this Act, unless the contrary intention appears—

“approved hospital authority” means a hospital authority for the time being approved under section twelve of this Act;

“approved medical practitioner” means a medical practitioner for the time being approved under section eleven of this Act;

“approved pharmaceutical chemist” means a pharmaceutical chemist for the time being approved under section nine of this Act;

“hospital authority” means the governing body of a public hospital or the proprietor of a private hospital;

“medical practitioner” means a medical practitioner registered or licensed under any law of the Commonwealth or of a State or Territory of the Commonwealth providing for the registration or licensing of medical practitioners;

“pharmaceutical benefits” means pharmaceutical benefits specified in section six of this Act;

“pharmaceutical chemist” means a person registered as a pharmacist or pharmaceutical chemist under any law of the Commonwealth or of a State or Territory of the Commonwealth providing for the registration of pharmacists or pharmaceutical chemists, and includes—

(a) a friendly society or other body of persons (whether corporate or unincorporate) carrying on business as a pharmaceutical chemist; and


(b) the legal personal representative of a deceased pharmaceutical chemist carrying on the business of that deceased pharmaceutical chemist;

“the Director-General” means the Director-General of Health;

“this Act” includes the regulations.

(2.) In this Act, any reference to the supply, obtaining or receipt of a pharmaceutical benefit shall, unless the contrary intention appears, be read as a reference to the supply, obtaining or receipt of that pharmaceutical benefit in accordance with this Act.

Administration.

5.—(1.) The Director-General shall, subject to any direction of the Minister, have the general administration of this Act.

(2.) The Director-General may, by writing under his hand, delegate all or any of his powers and functions under this Act (except this power of delegation) so that the delegate may exercise the powers and functions specified in the instrument of delegation.

(3.) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Director-General.

Pharmaceutical benefits.

6. The pharmaceutical benefits referred to in this Act shall consist of—

(a) uncompounded medicines the names of which,…

Overview

The Pharmaceutical Benefits Act 1947 was enacted to address the need for a structured and comprehensive system to provide pharmaceutical benefits to the Australian population. This Act was passed by the Parliament of Australia and received royal assent on 12th June 1947. It aimed to replace previous acts (the Pharmaceutical Benefits Act 1944 and the Pharmaceutical Benefits Act 1945) and establish a more effective mechanism for ensuring the availability of necessary pharmaceuticals. The Act outlines the framework for the provision of pharmaceutical benefits, including the approval of pharmaceutical chemists, medical practitioners, and hospital authorities, and the establishment of a formulary committee to oversee the pharmaceutical benefits specified in the Commonwealth Pharmaceutical Formulary. The overarching policy objective of the Act is to ensure that eligible individuals have access to essential medications and pharmaceutical services without undue financial burden, thereby promoting public health and welfare.

Scope and Application

The Pharmaceutical Benefits Act 1947 applies to persons ordinarily resident in the Commonwealth who are not patients occupying a bed in a public ward in a public hospital, and it extends to approved pharmaceutical chemists, medical practitioners, and hospital authorities authorised to supply pharmaceutical benefits as defined by the Act. The Act operates nationally across the Commonwealth of Australia and includes provisions for special arrangements in isolated areas. The supply of pharmaceutical benefits is regulated to ensure they are provided in accordance with written and signed prescriptions from medical practitioners. The Act also includes provisions for the establishment of a Commonwealth Pharmaceutical Formulary, which lists approved medicines and medicinal compounds. Certain exceptions and special conditions are outlined for the supply of pharmaceutical benefits, such as the ability for approved chemists and medical practitioners to charge special fees as prescribed. The Act authorises the Minister to make regulations that further define the scope and application of the legislation, including the terms and conditions for supplying pharmaceutical benefits and the process for writing prescriptions. The Act also includes provisions for offences and penalties for non-compliance, and it allows for the suspension or revocation of approvals for approved pharmaceutical chemists, medical practitioners, or hospital authorities.

Key Provisions

  • The Pharmaceutical Benefits Act 1947 establishes a framework for the provision and administration of pharmaceutical benefits in Australia. Under sections 1 to 6, 9, 10, 11, 12, 15, 16, 18, 20, and 23, the Act outlines the key provisions for administering pharmaceutical benefits, the role of the Director-General, the eligibility for these benefits, and the composition of the Formulary Committee. The remaining sections come into operation on a date fixed by Proclamation.
  • The Act imposes specific obligations on parties such as pharmaceutical chemists, medical practitioners, and hospital authorities. Section 7 ensures that ordinarily resident individuals in the Commonwealth are entitled to receive pharmaceutical benefits, subject to certain conditions. Approved pharmaceutical chemists, medical practitioners, and hospital authorities must adhere to the rules governing the supply of these benefits, as detailed in sections 8 and 9. These approved entities must display appropriate signs indicating their approval status (section 9), and they must comply with the requirements for supplying benefits on prescriptions (section 8).
  • Section 20 outlines several offences related to the Act, including making false statements, obtaining benefits or payments to which one is not entitled, and impersonating another person to obtain benefits. The penalty for these offences is a fine of fifty pounds or imprisonment for three months. Additionally, those convicted may be ordered to repay any benefits or payments received as a result of the offence.
  • Authorised persons have the power to enter the premises of approved entities, conduct examinations and inquiries, and take samples for testing, as stipulated in section 21. These powers are intended to ensure compliance with the Act. Section 22 mandates that the Director-General prepare an annual report on the administration and operation of the Act, to be presented to Parliament. Regulations made under the Act (section 23) can prescribe various matters necessary for its effective implementation, including the terms and conditions for the supply of pharmaceutical benefits, the writing of prescriptions, payment terms, and penalties for offences against the regulations.

Legal classification tags

Area of Law
Health Law
Consumer Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
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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.