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Health Legislation Amendment Bill 2007

Schedule 2 Pharmaceutical benefits

   

National Health Act 1953

1  Subsection 84(1)

Insert:

Schedule equivalent has the meaning given by section 84AJ.

2  Subsection 84(1B)

Repeal the subsection, substitute:

          (1B)  If:

                     (a)  a prescription directs a repeated supply of a pharmaceutical benefit (the specified benefit ); and

                     (b)  another pharmaceutical benefit (the supplied benefit ) is supplied, on the repeated supply, in accordance with subsection 103(2A);

then, for the purposes of determining whether a repeated supply of the specified benefit has occurred, the supplied benefit is taken to be the repeated supply, upon the prescription, of the specified benefit.

3  Paragraph 84AAA(1)(a)

Repeal the paragraph, substitute:

                     (a)  the supply of the pharmaceutical benefit is made within 20 days after the day of a previous supply to the person of:

                              (i)  the pharmaceutical benefit; or

                             (ii)  another pharmaceutical benefit that has the same pharmaceutical item as the pharmaceutical benefit; or

                            (iii)  another pharmaceutical benefit that is Schedule equivalent to the pharmaceutical benefit;

                            whether or not the previous supply was a supply of a kind described in paragraph 84C(4A)(a); and

4  At the end of Division 1 of Part VII

Add:

84AJ   When pharmaceutical benefits are Schedule equivalent

                   A pharmaceutical benefit (the first benefit ) is Schedule equivalent to another pharmaceutical benefit (the second benefit ) if the Schedule of Pharmaceutical Benefits referred to in paragraph 103(2A)(b) states that the first benefit and the second benefit are equivalent.

5  Paragraph 84C(3)(b)

Omit “the pharmaceutical benefit”, substitute “a pharmaceutical benefit”.

6  Subsections 88(1AA) and (1B)

After “the pharmaceutical benefit” (first occurring), insert “that he or she is directing”.

7  Subsection 88(1D)

After “the pharmaceutical benefit” (first occurring), insert “that he or she is directing”.

8  Paragraphs 88(8)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  the supply of a pharmaceutical benefit (the first benefit ) and another pharmaceutical benefit (the second benefit ) is directed; and

                     (b)  the second benefit is:

                              (i)  Schedule equivalent to the first benefit; or

                             (ii)  if the first benefit is a listed brand of a pharmaceutical item—another listed brand of the pharmaceutical item;

9  Paragraph 103(2)(a)

Omit “as specified”, substitute “that is directed to be supplied”.

10  Subsection 103(2A)

Omit “in lieu of a listed brand of a pharmaceutical item specified in a prescription (the specified benefit ), another listed brand of the pharmaceutical item”, substitute “instead of the pharmaceutical benefit that is directed to be supplied in a prescription (the specified benefit ), another pharmaceutical benefit”.

11  After paragraph 103(2A)(b)

Insert:

                     (c)  the substitute benefit is a listed brand of a pharmaceutical item; and