PB 114 of 2024

National Health (Continued Dispensing) Amendment Determination 2024 (No. 3)

I, NIKOLAI TSYGANOV, as delegate of the Minister for Health and Aged Care, make this determination.

Dated  30 October 2024

Nikolai Tsyganov

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

National Health (Continued Dispensing) Determination 2022 (PB 59 of 2022)

1  Name

1.            This instrument is the National Health (Continued Dispensing) Amendment Determination 2024 (No. 3).
2.            This instrument may also be cited as PB 114 of 2024.

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.

Note: This table relates only to the provisions of this instrument as originally made.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.

1.            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 89A(3) 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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Amendments

National Health (Continued Dispensing) Determination 2022 (PB 59 of 2022)

1.         Subsection 1.05(1) (definition of purposes code)

Omit “2012”, substitute “2024”.

1.         Subsection 1.05(1) (definition of relevant purpose)

Omit “Schedule 4 of the National Health (Listing of Pharmaceutical Benefits) Instrument 2012”, substitute “Part 1 of Schedule 4 of the National Health (Listing of Pharmaceutical Benefits) Instrument 2024”.

1.         At the end of section 1.05

Add:

1.     Where an expression that is used in this instrument is defined for the purposes of Part VII of the Act, it has the same meaning in this instrument as it has in that Part. Expressions used in this instrument that are defined in Part VII include the following:

(a)  approved pharmacist;

(b)  pbs prescriber;

(c)  pharmaceutical benefit has a drug;

(d)  pharmaceutical benefit;

(e)  pharmaceutical item;

(f)  schedule equivalent.

1.         Section 2.01

 Repeal the section, substitute:

2.01 Pharmaceutical benefits covered by this instrument

For the purposes of paragraph 89A(3)(a) of the Act, each pharmaceutical benefit that has a drug mentioned in an item in Schedule 1 is determined to be a pharmaceutical benefit that may be supplied by an approved pharmacist without a prescription.

Note: A pharmaceutical benefit has the drug or medicinal preparation referred to in paragraph (a) of the definition pharmaceutical benefit in relation to that benefit – see subsection 84ABA(3).

1.         Part 4

Repeal the Part.

1.         Schedule 1 (heading)

Omit “prescription”, substitute “prescription - pharmaceutical benefits that have certain listed drugs”.

1.         Schedule 1 (note to Schedule heading)

Omit “3.01”, substitute “2.01”.

1.         Section 1 of Schedule 1 (heading)

Omit “approved pharmacist”, substitute “approved pharmacist – pharmaceutical benefits that have certain listed drugs”.

1.         Section 1 of Schedule 1 (after table item 28)

Insert: