Commonwealth Coat of Arms of Australia

 

PB 60 of 2022

 

National Health (Take Home Naloxone Pilot) Special Arrangement Amendment (2022 Measures No. 1) Instrument 2022

I, David Laffan, as delegate of the Minister for Health and Aged Care, make the following instrument.

Dated 28 June 2022

David Laffan

Assistant Secretary
Pharmacy Branch
Technology Assessment and Access Division
Department of Health

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

National Health (Take Home Naloxone Pilot) Special Arrangement 2019

1  Name

 (1) This instrument is the National Health (Take Home Naloxone Pilot) Special Arrangement Amendment (2022 Measures No. 1) Instrument 2022.

 (2) This instrument may also be cited as PB 60 of 2022.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 July 2022.

1 July 2022

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under subsection 100(2) of the National Health Act 1953.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

 

National Health (Take Home Naloxone Pilot) Special Arrangement 2019

1  Subsection 1(1)

Omit “Pilot”.

2  Section 4

Repeal the section.

3  Section 5

Omit “a trial of”.

4  Section 5

Omit:

Naloxone will be supplied from 1 December 2019 to 30 June 2022 in New South Wales, Western Australia and South Australia.

5  Section 6 (paragraph (a) of the definition of authorised alternative supplier)

Omit “participating”.

6  Section 6 (definition of excluded approved supplier)

Omit “participating”.

7  Section 6

Insert:

jurisdiction means a State or Territory.

8  Section 6 (definition of participating jurisdiction)

Repeal the definition.

9  Section 6

Insert:

Territory has the same meaning as in Part VII of the Act.

10  Paragraphs 7(1)(a) and (b)

Repeal the paragraphs, substitute:

 (a) either:

 (i) in New South Wales, Western Australia or South Australia on or after 1 December 2019; or

 (ii) in Victoria, Queensland, Tasmania or a Territory on or after 1 July 2022; and

11  Before paragraph 7(2)(a)

Insert:

 (aa) the benefit is supplied:

 (i) in New South Wales, Western Australia or South Australia on or after 1 December 2019; or

 (ii) in Victoria, Queensland, Tasmania or a Territory on or after 1 July 2022; and

12  Subparagraphs 7(2)(a)(i) and (ii)

Repeal the subparagraphs.

13  Paragraphs 7(3)(a) and (b)

Repeal the paragraphs, substitute:

 (a) either:

 (i) in New South Wales, Western Australia or South Australia on or after 1 December 2019; or

 (ii) in Victoria, Queensland, Tasmania or a Territory on or after 1 July 2022; and

14  Paragraphs 7(4)(a) and (b)

Repeal the paragraphs, substitute:

 (a) either:

 (i) in New South Wales, Western Australia or South Australia on or after 1 December 2019; or

 (ii) in Victoria, Queensland, Tasmania or a Territory on or after 1 November 2022; and

15  Paragraph 7(5)(a)

Omit “the participating”, substitute “a”.

16  At the end of section 20

Add:

 ; (v) whether the person to whom the benefit was supplied consented to the use of their deidentified data for ongoing monitoring of the supply of designated pharmaceutical benefits in accordance with this instrument; and

 (c) if the person to whom the benefit was supplied consented as mentioned in subparagraph (b)(v)—include the following information:

 (i) whether the person had previously received a supply of a designated pharmaceutical benefit;

 (ii) if the person had previously received a supply of a designated pharmaceutical benefit—the reason for receiving a further supply of a designated pharmaceutical benefit.

17  Subsection 21(1)

After “supplier”, insert “(for the purpose of the authorised alternative supplier making a special arrangement supply of the designated pharmaceutical benefit)”.

18  At the end of Part 3

Add:

29  Application of amendments—National Health (Take Home Naloxone Pilot) Special Arrangement Amendment (2022 Measures No. 1) Instrument 2022

  The amendment of section 20 made by the National Health (Take Home Naloxone Pilot) Special Arrangement Amendment (2022 Measures No. 1) Instrument 2022 applies in relation to a claim for payment made on or after 1 July 2022 in respect of a special arrangement supply of a designated pharmaceutical benefit made on or after that date.

19  Clause 1 of Schedule 1 (table item 2A)

Repeal the item.