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National Health Act 1953
No. 95, 1953
In force
Administered by
Department of Health, Disability and Ageing
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C2010C00321
13 April 2010
-
27 June 2010
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
4 Interpretation
4AA Recognised days of absence of qualified nursing home patients etc.
6 Delegation
6A External Territories
7A Application of the Criminal Code
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Part II—National health services
8 Interpretation
9 Provision of certain medical and dental services
9A Provision of medical and surgical aids and appliances etc. by the Commonwealth
9B Provision of vaccines
9BA The National HPV Vaccination Program Register
9C Arrangements with States for provision of surgical aids and appliances etc.
10 Arrangements with other Ministers
11 Arrangements with States
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Part V—Approved nursing homes
39 Interpretation
40AA Government nursing homes
40AB Approval of admission to approved nursing home
40AC Declaration that patient not in need of nursing home care
40AE Request for review of decisions
40AEA Request for review may be withdrawn
40AEB Refund of lodgment fee
40AEC Referral of request to Nursing Homes Fees Review Committee of Inquiry
40AED Examination of matter by Committee
40AEE Committee Processing Fee
40AEF Ministerial review of decisions
40AEG Refund of Committee processing fee etc.
40AEH Effect of change of proprietor on request for review
40AF Patients requiring extensive care
40AFK Proprietor to be given notice of classification of classified patient admitted to nursing home
40AG Standard fee for non-classified patients
40AGA Standard fee for classified patients
40AH Standard infrastructure allowance and special infrastructure allowance
40AI Additional patient contribution
41 Certificate of approval
42 Inspection of, and of records of, approved nursing homes
43 Certain person to give notice on death of proprietor
43A Furnishing of audited accounts by proprietors of certain approved nursing homes
44 Variation or revocation of approval
45 Automatic revocation of approval as nursing home for disabled people
45A Revocation or extension of suspension
45B Effect of suspension of approval of nursing home
45D Standards for nursing home care
45DA Statements may be published about satisfaction of standards for nursing home care
45DB General information about approved nursing homes may be made available to the public
45DC Information about Ministerial action and other information about approved nursing homes may be made available to the public
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Part VA—Commonwealth benefits in respect of nursing home care
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Division 1—Preliminary
46 Interpretation
46A Approved nursing home patients
46AB Benefit payable for up to 2 days prior to admission
46B Meaning of overpayment
46C Secretary to determine accounting period in respect of certain approved nursing homes
46D Setting of notional fees
46E Secretary may pay or recover advances of general care benefit before notional scale of fees is set
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Division 2—Types of benefit payable
47 Basic benefit for Government nursing homes and nursing homes for disabled people
47A Benefits for patients in other approved nursing homes
48A Benefit for nursing home care in transferred homes and adjusted fee government nursing homes
48AB When general care benefit becomes payable
48B Top-up benefit
48C Isolated nursing home benefit
48D Benefit in respect of patients receiving nasogastric feeding
48E Benefit in respect of patients receiving oxygen
49 Extensive care benefit
49AA Respite Care
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Division 3—Miscellaneous
49A Commonwealth benefit not payable if approval of nursing home suspended
49B Payment of Commonwealth benefit to patient
50 Payment of Commonwealth benefit and nursing home fund benefit in respect of same patient for same period
51 Claims for benefit
51A Advances of benefit
51B Treatment of money overpaid or underpaid by way of an advance
51C Recovery of overpayments
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Part VAB—Commonwealth benefit in respect of newly built nursing homes
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Division 1—Preliminary
52 Interpretation
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Division 2—Approval-in-principle of an approval of a grant in respect of a newly built nursing home
52D Minister may revoke an AIP at any time before an approval of grant is given
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Division 3—Approval of grant of Commonwealth benefit in respect of a newly built nursing home
53 Application for Commonwealth benefit
54 Principles applicable for grant of Commonwealth benefit
55 Approval of grant
56 Entitlement to benefit
57 Appropriation
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Part VAC—Commonwealth benefit in respect of upgraded nursing homes
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Division 1—Preliminary
58 Interpretation
58A Principles applicable to determining eligible nursing homes
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Division 2—Approval-in-principle of a grant in respect of an upgraded nursing home
58CB Minister may revoke an approval-in-principle at any time before an approval of grant is given
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Division 3—Approval of grant of Commonwealth benefit in respect of upgraded nursing homes
58CC Application for Commonwealth benefit
58CD Principles applicable for grant of Commonwealth benefit
58CE Approval of grant
58CF Entitlement to benefit
58CG Appropriation
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Part VC—Administration of Parts V, VA, VAB and VD
58K Interpretation
59 Commonwealth benefit not payable where compensation etc. is payable to patient
60B Information to be furnished by proprietor of approved nursing home
61 Records to be kept by proprietors of approved nursing homes
61AA Records to be kept by former proprietors for 12 months
61A Books and records to be kept at nominated place
61B Power to require persons to answer questions and produce documents
61C Power to examine on oath etc.
61D Entry on premises and inspection of books etc.
61E Offences
62 Offences
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Part VD—Requirements in respect of sale of approved nursing homes
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Division 1—Preliminary
63 Object of Part
64 Application and operation of Part
65 Interpretation
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Division 2—Requirements on sale of approved nursing home
65A Vendor must give notice of sale of an approved nursing home
65B Purchaser to give notice of prospective purchase of approved nursing home
65C Investigation of accounts etc. of approved nursing homes
65D Secretary may also determine certain matters
65E Parties to a contract of sale to be informed of results of investigation etc.
65F Proprietor gives less than 90 days notice on settlement of contract of sale or settles in less than 90 days
65G If no notice of sale given or vendor sells before notified date
65GAA Effect on investigation periods of commencement of the Aged Care Act 1997
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Division 2A—Nursing home charge
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Subdivision 1—Assessment
65GA Notice of fee-reducing benefit
65GB Liability to pay nursing home charge
65GC Amount of nursing home charge
65GD Notice of liability to pay nursing home charge
65GE Assessment
65GF Amendment of assessments
65GG Refund of overpaid amounts
65GH Amended assessment to be an assessment
65GI Objections
65GJ Validity of assessment
65GK Evidentiary effect of notice of assessment etc.
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Subdivision 2—Collection and recovery
65GL Secretary may extend time for payment
65GM Penalty for late payment
65GN Recovery of unpaid nursing home charge
65GO Recovery of nursing home charge from persons with joint liability
65GP Recovery of nursing home charge from trustee of deceased chargepayer
65GQ Recovery of nursing home charge from unadministered deceased estate
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Subdivision 3—Advance payments
65GR Overview of Subdivision
65GS If paragraph 65C(1)(c) investigation done—direction to purchaser to pay amount to the Commonwealth
65GT If paragraph 65F(1)(c) investigation has been ordered—vendor’s and purchaser’s liability to pay advance
65GU Treatment of money paid in advance under section 65GT
65GV Directions to be in writing
65GW Scale of fees may take account of unpaid nursing home charge
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Division 3—Payment of certain moneys to the Commonwealth
65H If paragraphs 65C(1)(c) and (d) investigations done—direction to purchaser to pay amount to the Commonwealth
65J If amount determined under paragraph 65F(1)(e)—direction to purchaser to pay amount to the Commonwealth
65K Certain moneys to be paid by proprietor of nursing home to the Commonwealth on or before sale of nursing home
65L Money paid in settlement of an overpayment outstanding—how to deal with it
65M Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(2) applies
65N Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(3) applies
65P Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(4) applies
65Q Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(5) applies
65R Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(6) applies—Step 1: first investigation amount
65S Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(6) applies—Step 2: second investigation amount
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Division 4—Miscellaneous
65SA Interest payable on repayments to vendors made under Division 3
65SB Interest payable on repayments to vendors made under Division 2A
65T Time when principles take effect
65U Parties to a contract of sale to be informed of certain matters after sale
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Part VII—Pharmaceutical benefits
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Division 1—Preliminary
83Z Repeal and saving
84 Interpretation
84AAA Early supply of a specified pharmaceutical benefit
84AA Concessional benefit prescriptions, concession card prescriptions and entitlement card prescriptions
84A Participating dental practitioners
84AAB Authorised optometrists
84AAC Secretary may suspend or revoke approval of authorised optometrist
84AAD Review of decisions relating to authorised optometrists [see Note 2]
84AAE Meaning of eligible midwife
84AAF Authorised midwives
84AAG Secretary may suspend or revoke approval of authorised midwife
84AAH Review of decisions relating to authorised midwives
84AAI Meaning of eligible nurse practitioner
84AAJ Authorised nurse practitioners
84AAK Secretary may suspend or revoke approval of authorised nurse practitioner
84AAL Review of decisions relating to authorised nurse practitioners
84AB Pharmaceutical items
84ABA References to pharmaceutical items or combination items having a drug
84AC When listed drug is on F1 or F2
84AD When listed drug is in Part A or Part T of F2
84AE Co-marketed brands
84AF Responsible person for a brand of a pharmaceutical item
84AG Therapeutic groups
84AH Exempt items
84AI Rounding amounts
84AJ When pharmaceutical benefits are Schedule equivalent
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Division 1A—Safety net concession cards and pharmaceutical benefits entitlement cards
84B Family relationships
84BA Supplies of out-patient medication
84C Eligibility for concession and entitlement cards
84CA Modification of amounts paid
84D Pharmaceutical benefits prescription record forms etc.
84DA Issue of safety net concession card
84E Issue of pharmaceutical benefits entitlement card
84F Form of cards
84G Persons covered by card
84H Additional and replacement cards
84HA Fee to approved pharmacist etc. for issuing card
84J Period of effect of card
84K Return of card
84L Offences
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Division 2—Supply of pharmaceutical benefits
85 Pharmaceutical benefits
85A Determinations of forms of pharmaceutical benefits or pharmaceutical items with respect to classes of persons
85AB Minister may determine that a listed drug is on F1 or F2
85AC Minister may determine that a listed drug is in Part A or Part T of F2
85AD Price agreements
85B Price determinations and special patient contributions
86 Entitlement to receive pharmaceutical benefits
86A Pharmaceutical benefits not to be supplied in respect of persons reasonably believed not to be in Australia
86B Approved supplier may request provision of medicare number
86C On and after 1 January 2001 approved supplier must request provision of medicare number in certain circumstances
86D Power of approved suppliers to record and retain medicare numbers and expiry dates
86E Minister may determine certain persons to be special evidentiary categories
87 Limited charges for pharmaceutical benefits
87A Entitlement to refund in certain circumstances
88 Prescribing of pharmaceutical benefits
88AA Power of PBS prescribers to record and retain medicare numbers and expiry dates
88A Prescription of certain pharmaceutical benefits authorised only in certain circumstances
89 Pharmaceutical benefits to be supplied only on prescription etc.
90 Approved pharmacists [see Note 1]
90A Minister may substitute decision approving pharmacist
90B Request to Minister to approve pharmacist
90C Circumstances in which request may not be made
90D Provision of further information
90E Effect of decision by Minister to approve pharmacist
91 Application to supply pharmaceutical benefits following the death of approved pharmacist
92 Approved medical practitioners
92A Approvals to be subject to conditions
92B Persons not to enter into certain refund agreements
93 Supply of certain pharmaceutical benefits by medical practitioners
93AA Supply of certain pharmaceutical benefits by authorised midwives and authorised nurse practitioners
93A Supply of certain pharmaceutical benefits to patients in private hospitals or aged care facilities
94 Approved hospital authorities
95 Suspension or revocation of approval
98 Cancellation by Secretary of approval of pharmacists etc.
98AA Cancellation by Minister of approval of hospital
98AB Notification by Department of alterations to pharmaceutical benefits scheme
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Division 3—Payment for supply of pharmaceutical benefits
98A Establishment of Pharmaceutical Benefits Remuneration Tribunal
98B Functions of Tribunal
98BA Inquiries by Tribunal
98BAA Tribunal must give effect to certain agreements
98BB Constitution of Tribunal
98BC Procedure of Tribunal
98BD Findings etc. of Tribunal to be made public
98BE Date of operation of determination of the Tribunal
98C Determinations by Minister
98D Form, and date of operation, of determinations under section 98C
98E Secrecy
99 Payment for supply of benefits
99AAA Claim for payment relating to supply of benefits
99AAB Certain suppliers exempted from requirement to use the Claims Transmission System
99AAC Declaration by Secretary exempting approved supplier from using Claims Transmission System
99AA Unauthorised payments etc.
99AB Advances
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Division 3A—Price reductions
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Subdivision A—Preliminary
99AC What this Division is about
99ACA Definitions etc.
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Subdivision B—12.5% price reductions for new brands of pharmaceutical items that are not combination items
99ACB 12.5% price reduction for new brands of pharmaceutical items that are not combination items
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Subdivision C—Price reductions for combination items
99ACC Price reductions for single brands of combination items
99ACD 12.5% price reduction for new brands of combination items
99ACE Flow-on of 12.5% price reduction to related brands of combination items
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Subdivision D—Other statutory price reductions
99ACF Statutory price reductions
99ACG Other price reductions do not apply if 12.5% statutory price reduction or price disclosure reduction applies
99ACH 12.5% statutory price reduction flow-on to related brands
99ACI 2% statutory price reduction
99ACJ 25% statutory price reduction on single day
99ACK 25% statutory price reduction phased over 2 or more days
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Division 3B—Price disclosure
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Subdivision A—Preliminary
99AD What this Division is about
99ADA Application of this Division
99ADB Definitions etc.
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Subdivision B—Price disclosure requirements
99ADC The price disclosure requirements
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Subdivision C—When the price disclosure requirements apply
99ADD Mandatory compliance with the price disclosure requirements
99ADE Voluntary compliance with the price disclosure requirements
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Subdivision D—Consequences for failing to comply with the price disclosure requirements
99ADF Offence for failing to comply with the price disclosure requirements
99ADG Other consequences for failing to comply with the price disclosure requirements
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Subdivision E—Price reduction
99ADH Price reduction based on information provided under the price disclosure requirements
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Division 3C—Guarantee of supply
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Subdivision A—Preliminary
99AE What this Division is about
99AEA Definitions
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Subdivision B—Guarantee of supply
99AEB Guarantee of supply
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Subdivision C—Brands that are guaranteed brands
99AEC Guaranteed brand: new brand
99AED Guaranteed brand: first brand to offer a lower price
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Subdivision D—Meaning of fails to supply and unable to supply
99AEE Meaning of fails to supply
99AEF Meaning of unable to supply
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Subdivision E—Requirement to notify Minister of failure or inability to supply etc.
99AEG Requirement to notify Minister of failure to supply etc.
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Subdivision F—Consequences for guaranteed brands of failure or inability to supply
99AEH Minister’s powers if responsible person fails to supply, or is unable to supply, guaranteed brand
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Subdivision G—Consequences for other brands
99AEI Minister may increase approved price to pharmacists etc. if guaranteed brand delisted
99AEJ Minister may determine drug is on F1 if guaranteed brand delisted
99AEK Minister may revoke or vary formulary determination if guaranteed brand delisted
99AEL Minister may determine price disclosure election is revoked if guaranteed brand delisted
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Division 4—Provisions relating to members of the Pharmaceutical Benefits Remuneration Tribunal
99A Terms and conditions of appointment
99B Remuneration and allowances
99C Resignation and removal from office
99D Acting Chairperson
99E Acting additional member
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Division 4A—Indexation
99F Definitions
99G Indexation
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Division 4B—Australian Community Pharmacy Authority
99H Interpretation
99J Establishment of Authority
99K Functions
99L Determination of rules by Minister
99M Powers
99N Membership
99P Terms and conditions not provided for by this Act
99Q Defective appointment not invalid
99R Remuneration and allowances
99S Leave of absence
99T Disclosure of interests
99U Resignation
99V Termination of appointment
99W Meetings
99X Committees
99Y Cessation of operation [see Note 1]
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Division 4C—Cost recovery
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Subdivision A—Preliminary
99YB What this Division is about
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Subdivision B—Payment of fees etc. for certain services
99YBA Payment of fees etc. for certain services
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Subdivision C—Consequences if fees not paid
99YBB Minister may refuse to exercise certain powers if prescribed fees not paid
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Subdivision D—Review of cost-recovery measures
99YBC Review of impact of cost-recovery measures
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Division 4D—Export restriction
99ZH Definitions
99ZI Restrictions on carriage or consignment of drug like substances
99ZJ Detention of certain drug like substances being carried out of Australia and retention of related documents
99ZK Detention of certain drug like substances consigned for export and retention of related documents
99ZL Examination and inspection powers
99ZM Customs may detain some drug like substances and not others
99ZN Customs treatment of detained substances and retained documents
99ZO Treatment by the Medicare Australia CEO of detained substances and retained documents
99ZP Right of compensation in certain circumstances for substances destroyed
99ZQ Disposal of forfeited substances
99ZR Liability for acts done in good faith
99ZS Guidelines for detention of, dealing with, and disposal of, substances
99ZT Forfeiture of substances detained under section 99ZJ or 99ZK
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Division 5—General
100 Special arrangements
100AA Special pharmaceutical products
100A Establishment and membership of the Pharmaceutical Benefits Advisory Committee
100B Appointment etc. of members of the Pharmaceutical Benefits Advisory Committee
100C Termination of appointment
100D Remuneration
101 Functions of Pharmaceutical Benefits Advisory Committee
101A Sub-committees of the Pharmaceutical Benefits Advisory Committee
102 Testing of drugs
103 Offences
104A Pharmacists to furnish statement of stocks
104B Report on impact of National Health Amendment (Pharmaceutical Benefits Scheme) Act 2007
105 Regulations
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Part VIIA—Reviews by Administrative Appeals Tribunal
105AA Interpretation
105AAB Applications for review by Tribunal of certain decisions under Part V
105AB Application for review by Tribunal
105AC Statements to accompany notification of decisions
105AD Application for review by Tribunal of decisions of the Australian Community Pharmacy Authority
105AE Time limits
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Part VIII—Committees of Inquiry
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Division 1—Preliminary
107 Interpretation
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Division 3—Pharmaceutical Services Committees of Inquiry
113 Pharmaceutical Services Federal Committee of Inquiry
114 Functions of Federal Committee
115 Pharmaceutical Services State Committees of Inquiry
116 Functions of State Committee
117 Reports not to relate to conduct of PBS prescribers
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Division 3A—Nursing Homes Fees Review Committees of Inquiry
117A Nursing Homes Fees Review Committees of Inquiry
117B Functions of State Committees
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Division 4—Provisions applicable to Committees generally
118 Interpretation
119 Membership of Committees
119A Acting Member
120 Chairperson
120A Vacancies in Committees
121 Procedure of Committees
122 Evidence
123 Proceedings in private
124 Determination of questions at meetings
125 PBS prescriber or pharmacist affected by inquiry to be given notice
126 Summoning of witnesses
127 Committee may examine upon oath or affirmation
128 Failure to attend or produce documents
129 Refusal to be sworn or give evidence
130 Protection of witnesses
131 Allowances to witnesses
132 Protection of members
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Part IX—Miscellaneous
133 Effect of prosecution for offence
133A Territories
134 Effect of suspension or cancellation of approval or authority
134A Publication of particulars of certain action taken under this Act
134B Time for commencing prosecutions
134C Defence in certain prosecutions
134E Conduct by directors, servants or agents
135 Right of Commonwealth officers to practise
135A Officers to observe secrecy
135AAA Prescribers and approved suppliers must observe secrecy in relation to medicare numbers and expiry dates provided for pharmaceutical benefit scheme purposes
135AA Privacy guidelines
135AB Breaches of the privacy guidelines
135AC Authorisation of collection of particular health information
135B Prosecution of offences
136 Committees
136A Filling of vacancies on committees
137 Moneys from which payments under this Act are to be made
138 Exercise of Secretary’s powers subject to directions of Minister
138A Telephone access to offices
139 Judicial notice of signature of Secretary
139A Evidence
139B Certain instruments subject to disallowance
139C Information with respect to concessional beneficiaries
140 Regulations
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Schedule 4—Nursing Homes whose approvals as Nursing Homes for disabled people are to be revoked
Notes to the STYLEREF ShortT \* MERGEFORMAT National Health Act 1953