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National Health Amendment (Pharmaceutical and Other Benefits—Cost Recovery) Bill 2009

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The Parliament of the

Commonwealth of Australia








National Health Amendment (Pharmaceutical and Other Benefits—Cost Recovery) Bill 2008 [No. 2]



(1)     Schedule 1, item 1, page 4 (after line 19), after subsection 99YBA, add

99YBAA  Minister to retain discretion to waive fees

             (1)  Notwithstanding any other provisions relating to the review of decisions of the Department, the regulations must:

                     (a)  provide that an applicant may apply in writing to the Minister for a review of any decision about a fee;

                     (b)  reserve to the Minister an absolute discretion to waive all or part of any fee payable under the regulations.

             (2)  In deciding whether to exercise a discretion under subsection (1), the Minister must seek the advice of the Pharmaceutical Benefits Advisory Committee.

[ministerial discretion to waive fees]

(2)     Schedule 1, item 1, page 5 (after line 5), at the end of Division 4C, add:

Subdivision D—Annual report

99YBC  Annual report

             (1)  The Department must, as soon as practicable after 30 June each year, prepare and provide to the Minister a written report that relates to the year ending on 30 June, detailing:

                     (a)  the number of applications made under this Division;

                     (b)  the outcomes of those applications;

                     (c)  the number of drugs not brought to market as a result of decisions made under this Division.

             (2)  The Minister must cause a report as mentioned in subsection (1) to be tabled in each House of the Parliament within 15 sitting days of receiving the report.

[annual report]