Pharmaceutical Benefits Act 1949

Legislation au C1949A00008 Not in force Act

Legislation content

PHARMACEUTICAL BENEFITS.

 

No. 8 of 1949.

An Act to amend the Pharmaceutical Benefits Act 1947.

[Assented to 25th March, 1949.]

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 and citation.

1.—(1.) This Act may be cited as the Pharmaceutical Benefits Act 1949.

(2.) The Pharmaceutical Benefits Act 1947 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Pharmaceutical Benefits Act 1947–1949.

Commencement.

2. This Act shall come into operation on the date on which it receives the Royal Assent.

Definitions.

3. Section four of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.) If the Minister so determines, the Minister of State of a State administering the laws of that State relating to public hospitals shall, for the purposes of this Act, be deemed to be the governing body of the public hospitals in that State.”.

Pharmaceutical benefits.

4. Section six of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) The Commonwealth Pharmaceutical Formulary shall be deemed to include, as a formula, in addition to the formulae contained therein, each formula so contained with each variation specified by the regulations as being a permitted variation of that formula.”.

Provision of pharmaceutical benefits.

5. Section seven of the Principal Act is amended by inserting in sub-section (1.), after the word “Act,”, the words “and except as prescribed,”.

6.—(1.) After section seven of the Principal Act the following section is inserted:—

Medical practitioners to write prescriptions on official forms.

“7a. Except as prescribed, a medical practitioner shall not write a prescription for the supply to a person entitled to receive pharmaceutical benefits—

(a) of an uncompounded medicine the name of which, or a medicinal compound the formula of which, is contained, or is deemed to be included, in the Commonwealth Pharmaceutical Formulary; or


(b) of a material or appliance the name of which is contained in the prescribed addendum to the Commonwealth Pharmaceutical Formulary,

otherwise than on a prescription form supplied by the Commonwealth for the purposes of this Act.

Penalty: Fifty pounds.”.

(2.) The section inserted in the Principal Act by this section shall come into operation on a date to be fixed by Proclamation.

Pharmaceutical benefits to be provided on prescriptions.

7. Section eight of the Principal Act is amended—

(a) by omitting paragraph (b) of sub-section (1.) and inserting in its stead the following paragraph:—

“(b) on presentation of a prescription written and signed by a medical practitioner and, except as prescribed, written on a prescription form supplied by the Commonwealth for the purposes of this Act.”;

(b) by omitting from sub-section (2.) the words “in accordance with the regulations’”; and

(c) by omitting from sub-section (3.) the words “in accordance with the prescribed form” (first occurring) and inserting in their stead the words “written on a prescription form supplied by the Commonwealth for the purposes of this Act”.

Approved pharmaceutical chemists.

8. Section nine of the Principal Act is amended by inserting after sub-section (1.) the following sub-section:—

“(1a.) Nothing in the last preceding sub-section shall require the Director-General to approve a pharmaceutical chemist whose approval has been revoked under section thirteen of this Act.”.

Approved hospital authorities.

9. Section twelve of the Principal Act is amended—

(a) by inserting in sub-section (2.), after the word “shall”, the words “,unless the Director-General otherwise determines,”; and

(b) by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) Where a hospital authority desires to supply pharmaceutical benefits to patients receiving treatment in or at several hospitals—

(a) a separate application shall, unless the Director-General otherwise allows, be made in respect of each hospital; and


(b) separate approval may be granted in respect of each, hospital.”.

Suspension, &c., of approval.

10. Section thirteen of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-sections:—

“(2.) A pharmaceutical chemist or medical practitioner the approval of whom, or a hospital authority the approval of which, has been suspended or revoked under the last preceding sub-section may appeal to the Supreme Court of a State or Territory of the Commonwealth.

“(2a.) The Supreme Court of each State is hereby invested with federal jurisdiction, and jurisdiction is hereby conferred on the Supreme Court of each Territory of the Commonwealth, to hear and determine appeals under the last preceding sub-section.

“(2b.) The Director-General shall be the respondent in any such appeal.

“(2c.) Upon the hearing of any such appeal, the Supreme Court may—

(a) admit further evidence, either orally or upon affidavit or otherwise;

(b) permit the examination and cross-examination of witnesses;

(c) affirm, reverse or modify the decision of the Director-General; and

(d) order any party to pay costs to any other party.”.

Payments for supply of pharmaceutical benefits.

11. Section fourteen of the Principal Act is amended by omitting from sub-section (1.) the words “at the prescribed rate” and inserting in their stead the words “in accordance with the regulations”

Offences.

12. Section twenty of the Principal Act is amended by omitting from paragraph (d) of sub-section (1.) the words “in accordance with the prescribed form” and inserting in their stead the words “on a prescription form supplied by the Commonwealth for the purposes of this Act”.

Regulations.

13. Section twenty-three of the Principal Act is amended by omitting from paragraph (b) the words “in accordance with the prescribed form” and inserting in their stead the words “on prescription forms supplied by the Commonwealth for the purposes of this Act”.

Overview

The Pharmaceutical Benefits Act 1949 was enacted to amend the Pharmaceutical Benefits Act 1947, aiming to address gaps in the administration and provision of pharmaceutical benefits. This legislation was passed by the Parliament of Australia and received Royal Assent on 25th March 1949. The Act focuses on enhancing the framework for the provision of pharmaceutical benefits by clarifying and updating certain provisions. One key policy objective is to ensure that pharmaceutical benefits are provided in accordance with regulations and prescribed forms, thereby maintaining consistency and control over the distribution of medications and related supplies to those entitled to such benefits. This Act further aims to streamline the approval processes for pharmaceutical chemists and hospital authorities, ensuring that they meet the required standards and are subject to appropriate oversight.

Scope and Application

The Pharmaceutical Benefits Act 1949 amends the Pharmaceutical Benefits Act 1947, providing a structured framework for the administration and regulation of pharmaceutical benefits in Australia. This Act applies to medical practitioners, pharmaceutical chemists, and hospital authorities who are involved in the provision of pharmaceutical benefits. It extends to the entire Commonwealth of Australia, ensuring a uniform approach to the regulation of pharmaceutical benefits across all states and territories. The Act mandates that prescriptions for pharmaceutical benefits must be written on official Commonwealth forms unless otherwise prescribed. This includes uncompounded medicines and materials or appliances listed in the Commonwealth Pharmaceutical Formulary. Additionally, the Act allows for the inclusion of variations in pharmaceutical formulas through regulations and specifies that the Minister of State administering public hospitals in a state can be deemed the governing body of public hospitals for the purposes of this Act. Certain exclusions and conditions apply, particularly in the context of approval and suspension of pharmaceutical chemists, medical practitioners, and hospital authorities, with provisions for appeals to state and territory Supreme Courts. The Act also outlines the process for payments related to the supply of pharmaceutical benefits, directing that these payments should be made in accordance with regulations rather than at prescribed rates. Offences under the Act, including the writing of prescriptions on unauthorised forms, are subject to penalties. The Act's provisions are implemented through subordinate instruments, allowing for detailed regulations that further define the scope and application of the legislation. This ensures flexibility in adapting to changes in medical practices and pharmaceutical formulations while maintaining the overarching objectives of the Act.

Key Provisions

The Pharmaceutical Benefits Act 1949 amends the Pharmaceutical Benefits Act 1947, introducing several key changes and clarifications. Section 1 provides the title of the Act and refers to the Principal Act, while Section 2 ensures the Act comes into effect upon receiving Royal Assent. Definitions and clarifications are introduced in Section 3, where the Minister's role in determining the governing body of public hospitals is expanded. Section 4 extends the Commonwealth Pharmaceutical Formulary to include specified variations of existing formulae, while Section 5 adds a requirement for medical practitioners to use Commonwealth-supplied prescription forms when prescribing medicines listed in the Formulary or its addendum. The Act imposes several obligations on medical practitioners, pharmaceutical chemists, and hospital authorities. Medical practitioners must use Commonwealth-supplied prescription forms for certain prescriptions, as outlined in Section 7a. Pharmaceutical chemists and hospital authorities must adhere to the regulations and obtain necessary approvals to supply pharmaceutical benefits, as detailed in Sections 8 and 9. Section 10 outlines the process for suspension and revocation of approvals, including the right to appeal to a Supreme Court. Payments for pharmaceutical benefits must be made in accordance with the regulations, as stated in Section 11. The Act introduces penalties and consequences for non-compliance. Medical practitioners who fail to use the prescribed prescription forms face a penalty of fifty pounds, as stated in Section 7a. Further, Section 12 clarifies that offences related to prescriptions must be on forms supplied by the Commonwealth. Section 13 mandates that payments for pharmaceutical benefits must comply with regulations, ensuring that all transactions are conducted in an orderly manner. The Act also establishes the legal framework for the Supreme Court to hear appeals related to the suspension or revocation of approvals, ensuring that due process is followed. In summary, the Pharmaceutical Benefits Act 1949 introduces significant changes to the Pharmaceutical Benefits Act 1947, focusing on the use of official prescription forms, the approval processes for pharmaceutical chemists and hospital authorities, and the penalties for non-compliance. By clarifying these areas, the Act aims to ensure the efficient and regulated provision of pharmaceutical benefits in Australia.

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Health Law
Pharmaceutical Law
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Definitions & Interpretation
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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.