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SR 1994 No. 348 Regulations as made
These Regulations amend the National Health (Pharmaceutical Benefits) Regulations.
Administered by: Health
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR07-Nov-1994
Tabled Senate07-Nov-1994
Gazetted 18 Oct 1994
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

 

Statutory Rules 1994   No. 3481

__________________

National Health (Pharmaceutical Benefits) Regulations2 (Amendment)

I, The Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the National Health Act 1953.

Dated 11 October 1994.

 

                                                                                      P. BENNETT

                                                                                      Administrator

By His Excellency’s Command,

 

A. THEOPHANOUS

Parliamentary Secretary to the Minister for

Human Services and Health for the

Minister for Human Services and Health

____________

1.   Commencement

1.1   Regulations 7, 8 and 9 commence on 1 January 1995.

1.2   Subregulation 21.2 commences on 1 December 1994.

1.3   The remainder of these Regulations commence on 1 November 1994.

2.   Amendment

2.1   The National Health (Pharmaceutical Benefits) Regulations are amended as set out in these Regulations.

3.   Regulation 5 (Interpretation)

3.1   Subregulation 5 (1) (definition of “authorised prescription”):

Omit ‘authorised prescription’, substitute ‘authority prescription’.

3.2   Subregulation 5 (1):

After the definition of “public hospital authority”, insert:

“ ‘ready-prepared pharmaceutical benefit’ means a pharmaceutical benefit in respect of which a determination made under subsection 85 (6) of the Act is in force;”.

4.   Regulation 6 (Forms)

4.1   Omit the regulation.

5.   Regulation 8 (Application for approval, or financial assistance, by a pharmacist, medical practitioner or hospital authority )

5.1   Regulation 8:

Omit “pharmaceutical chemist” (twice occurring), substitute “pharmacist”.

5.2   Paragraph 8 (a):

Omit “Form A, Form B or Form C, as the case requires”, substitute “a form approved in writing by the Secretary”.

5.3   Paragraph 8 (b):

Omit “Form D”, substitute “a form approved in writing by the Secretary”.

5.4   Paragraph 8 (c):

Omit “Form E”, substitute “a form approved in writing by the Secretary”.

5.5   Add at the end:

           “(2)   An application for:

             (a)   the payment of an essential pharmacy allowance under section 99ZA of the Act; or

             (b)   a grant of financial assistance under section 99ZC or 99ZD of the Act;

must be made in accordance with a form approved in writing by the Secretary.”.

6.   Regulation 9 (Certain requirements to be met after cancellation etc. of approval)

6.1   Regulation 9:

Omit “pharmaceutical chemist”, substitute “pharmacist”.

7.   Regulation 9AA (Safety net concession card)

7.1   Subregulation 9AA (1):

Add at the end:

        “;  (f)   the Medicare card number of the applicant.”.

8.   Regulation 9AB (Additional concession cards)

8.1   Paragraph 9AB (3) (b):

Add at the end:

                      “(vi)   the Medicare card number of the applicant; and”.

9.   Regulation 9AC (Replacement concession cards)

9.1   Paragraph 9AC (2) (b):

Add at the end:

                      “(iv)   the Medicare card number of the applicant; and”.

10.   Regulation 9AF (Prescribed offices—subsection 84DA (4) of the Act)

10.1   Regulation 9AF:

Omit “Schedule 7”, substitute “the Schedule”.

11.   Regulation 9BA (Prescribed offices for the purposes of subsection 84E (5) of the Act)

11.1   Regulation 9BA:

Omit “Schedule 7”, substitute “the Schedule”.

12.   Regulation 15 (Medical practitioners excepted from the authorisation conferred by section 93)

12.1   Regulation 15:

Omit “authorized”, substitute “authorised”.

13.   Regulation 16 (Obtaining of benefits by medical practitioners for the purposes of section 93)

13.1   Regulation 16:

Omit “authorized”, substitute “authorised”.

13.2   Regulation 16:

Add at the end:

           “(2)   A medical practitioner (other than an approved medical practitioner) may only obtain a pharmaceutical benefit under subregulation (1) once in each of the 12 months of the year.

           “(3)   A medical practitioner who receives a pharmaceutical benefit under subregulation (1) must:

             (a)   give to the approved pharmacist supplying the benefit a receipt for the benefit supplied, using the part of the order form identified for that purpose; and

             (b)   write the date of supply on the receipt.”.

14.   Regulation 18A (Benefits obtained by approved medical practitioners for the purposes of section 93)

14.1   Regulation 18A:

After subregulation (1), insert:

        “(1A)   An approved medical practitioner may only obtain a pharmaceutical benefit under subregulation (1) once in each of the 12 months of the year.

14.2   Subregulation 18A (2):

After “signed”, insert “and dated”.

14.3   Subregulation 18A (2):

Omit “authorized”, substitute “authorised”.

15.   Regulation 19 (Writing of prescriptions)

15.1   Subregulation 19 (1):

Omit “, not being an authorised prescription,”, substitute “, including an authority prescription,”.

15.2   Paragraph 19 (1) (a):

Omit the paragraph, substitute:

           “(a)   prepares the prescription:

                          (i)   by writing the prescription in ink on a prescription form that is as nearly as practicable 18 centimetres long by 12 centimetres wide; or

                         (ii)   by means of a computer on a prescription form that:

                                    (A)   is as nearly as practicable 18 centimetres long by 12 centimetres wide; and

                                    (B)   is approved in writing for the purpose by the Secretary; or

                       (iii)   by another method approved in writing by the Secretary; and

           (aa)   signs the prescription after it is prepared; and”.

15.3   Paragraphs 19 (1) (b), (c), (ca), (d) and (e):

Add at the end of each paragraph “and”.

15.4   Paragraphs 19 (1) (g) and (i):

Omit the paragraphs, substitute:

            “(f)   states in the prescription:

                          (i)   the quantity or number of units of the pharmaceutical benefit to be supplied; and

                         (ii)   if the supply of the benefit is to be repeated—the number of times it is to be repeated; and

             (g)   if the pharmaceutical benefit to be supplied is not a ready-prepared pharmaceutical benefit—indicates in the prescription the manner in which the pharmaceutical benefit is to be administered; and

             (h)   if, under regulation 24, the medical practitioner directs in the prescription the supply on the one occasion of a quantity or number of units of a pharmaceutical benefit exceeding the quantity or number of units that could otherwise be prescribed—writes on the prescription ‘Reg 24’ or ‘Regulation 24’.”.

15.5   Subregulation 19 (1A):

Omit the subregulation.

15.6   Subregulation 19 (2):

Omit “(1) or (1A), as the case may be,”, substitute “(1),”.

16.   Regulation 20 (Recovery of cost of pharmaceutical benefits prescribed for persons not entitled or in excessive quantities)

16.1   Subregulation 20 (1):

After “Division 2”, insert “or Division 2AA”.

16.2   After subparagraph 20 (1) (a) (ii), insert:

         “(aa)   a participating dental practitioner prescribed a pharmaceutical benefit:

                          (i)   that is referred to in the report; and

                         (ii)   that is not in accordance with a circumstance specified in relation to that pharmaceutical benefit in a declaration, under subsection 85 (2) of the Act, that was in force on the date on which the pharmaceutical benefit was prescribed; or”.

16.3   Paragraph 20 (1) (b):

Before “treatment” (twice occurring), insert “or dental”.

17.   Regulation 21 (Supply of pharmaceutical benefit on first presentation of prescription)

17.1   Regulation 21:

Omit the regulation, substitute:

Supply of pharmaceutical benefit on first presentation of prescription

           “21.   (1)    An approved pharmacist or an approved medical practitioner must not supply a pharmaceutical benefit to a person on the first presentation of a prescription for the supply of that benefit to the person, unless:

             (a)   subject to regulations 22, 26 and 26A, the original and the duplicate of the prescription are:

                          (i)   written in accordance with these Regulations; and

                         (ii)   dated within 12 months before the day on which they are presented; and

                       (iii)   given to the pharmacist or practitioner; and

             (b)   the pharmacist or practitioner writes on the original and the duplicate:

                          (i)   the pharmacist’s or practitioner’s name and approval number under regulation 8A; and

                         (ii)   a number that identifies the prescription.

           “(2)   An approved hospital authority must not supply a pharmaceutical benefit to a person on the first presentation of a prescription for the supply of that benefit to that person, unless:

             (a)   subject to regulations 22, 26 and 26A, the original and duplicate of the prescription are:

                          (i)   written in accordance with these Regulations; and

                         (ii)   dated within 12 months before the day on which they are presented; and

                       (iii)   given to the hospital authority; and

             (b)   the original and the duplicate are marked, for the hospital authority, with:

                          (i)   the hospital authority’s name and approval number under regulation 8A; and

                         (ii)   a number that identifies the prescription.”.

18.   Regulation 22 (Supply of pharmaceutical benefits before surrender of written prescription)

18.1   Subregulations 22 (1), (2), (3) and (4):

Omit the subregulations, substitute:

           “(1)   Subject to this regulation, a pharmaceutical benefit may be supplied to a person, in a case of urgency, by an approved pharmacist before the prescription for that pharmaceutical benefit is given to the pharmacist if:

             (a)   a medical practitioner or participating dental practitioner advises the pharmacist of the details of the prescription; or

             (b)   the practitioner has written and signed a prescription that is sent by facsimile transmission service to the pharmacist by:

                          (i)   the practitioner; or

                         (ii)   a person under the control of the practitioner.

           “(2)   If:

             (a)   the prescribing of a pharmaceutical benefit under subregulation (1) is subject to a condition that an authority for the prescription is to be obtained from:

                          (i)   the Minister and the Managing Director of the Health Insurance Commission; or

                         (ii)   either of those persons; and

             (b)   the practitioner informs an approved pharmacist or approved medical practitioner that the practitioner has been notified by the Minister or the Managing Director of the Health Insurance Commission (by oral or other means) that an authority will be given; and

             (c)   the practitioner complies with subregulation (1);

the approved pharmacist or approved medical practitioner may supply the pharmaceutical benefit.

           “(3)   A medical practitioner or participating dental practitioner referred to in subregulation (1) must ensure that the original and a duplicate of the prescription are received by the relevant pharmacist or medical practitioner no later than 7 days after the day on which the benefit was supplied.

Penalty: $20.

          “(4)  A medical practitioner or a participating dental practitioner who has communicated with an approved pharmacist or approved medical practitioner under subregulation (2) must ensure that the original and a duplicate of the prescription are received by the relevant pharmacist or medical practitioner no later than 7 days after the day on which the benefit was supplied.

Penalty: $20.”.

19.   Regulation 23 (Supply of pharmaceutical benefit on first presentation of prescription)

19.1   Regulation 23:

Omit the regulation.

20.   Regulation 25 (Repeated supplies of pharmaceutical benefits)

20.1   Subregulations 25 (2) and (3):

Omit the subregulations, substitute:

           “(2)   Subregulation (3) applies to a pharmaceutical benefit in relation to which:

             (a)   the Minister determines, under paragraph 85A (2) (b) of the Act, that the maximum number of occasions on which the supply of the benefit may, in 1 prescription, be directed to be repeated is more than 4; and

             (b)   the Minister determines, under paragraph 85A (2) (c) of the Act, that the manner of administration that may, in a prescription, be directed to be used in relation to the benefit is administration otherwise than by application to the eye.

           “(3)   A pharmaceutical benefit to which this subregulation applies may be supplied to the person in respect of whom the prescription for the supply of the benefit was written if:

             (a)   the supplier of the benefit reasonably believes that the person has not received a supply of the pharmaceutical benefit, or of another brand of that benefit, in the period of 20 days immediately preceding the day on which it is to be supplied to the person; or

             (b)   the supplier of the benefit:

                          (i)   reasonably believes that a supply of the pharmaceutical benefit that was previously supplied to the person has been destroyed, lost or stolen; and

                         (ii)   writes on the prescription the words ‘immediate supply necessary’; and

                       (iii)   signs the prescription; or

             (c)   the supplier of the benefit:

                          (i)   reasonably believes that, having regard to the person’s circumstances, the supply of the benefit is necessary, without delay, for the treatment of the person; and

                         (ii)   writes on the prescription the words ‘immediate supply necessary’; and

                       (iii)   signs the prescription.

           “(4)   A pharmaceutical benefit other than a benefit to which subregulation (3) applies may be supplied to the person in respect of whom the prescription for the supply of the benefit was written if:

             (a)   the supplier of the benefit reasonably believes that the person has not received a supply of the pharmaceutical benefit, or of another brand of that benefit, in the period of 4 days immediately preceding the day on which it is supplied to the person; or

             (b)   the supplier of the benefit:

                          (i)   reasonably believes that a supply of the pharmaceutical benefit that was previously supplied to the person has been destroyed, lost or stolen; and

                         (ii)   writes on the prescription the words ‘immediate supply necessary’; and

                       (iii)   signs the prescription; or

             (c)   the supplier of the benefit:

                          (i)   reasonably believes that, having regard to the person’s circumstances, the supply of the benefit is necessary, without delay, for the treatment of the person; and

                         (ii)   writes on the prescription the words ‘immediate supply necessary’; and

                       (iii)   signs the prescription.”.

21.   Regulation 26 (Repeat authorisations)

21.1   Subregulation 26 (1):

Omit the subregulation, substitute:

           “(1)   If an approved pharmacist, approved medical practitioner or approved hospital authority supplies a pharmaceutical benefit under:

             (a)   an original of a prescription that contains a direction to supply the benefit more than once; or

             (b)   a duplicate of a prescription to which is attached a deferred supply authorisation that contains a direction to supply the benefit more than once; or

             (c)   a duplicate of a prescription to which is attached a repeat authorisation that contains a direction to supply the benefit more than once;

the person or authority must comply with subregulation (1A) unless no subsequent supply of the pharmaceutical benefit is to be made under the prescription.

        “(1A)   The approved pharmacist, approved medical practitioner or approved hospital authority must:

             (a)   on or before supplying the pharmaceutical benefit:

                          (i)   prepare, in duplicate, a repeat authorisation in accordance with a form authorised by the Secretary for the supply of the pharmaceutical benefit; and

                         (ii)   if the prescription for the benefit is written on an authority prescription—mark the number of the authority prescription on the repeat authorisation; and

                       (iii)   attach the repeat authorisation to the duplicate of the prescription; and

                        (iv)   give the repeat authorisation and duplicate of the prescription to the person to whom the pharmaceutical benefit is supplied; and

             (b)   for the supply of the pharmaceutical benefit on the first occasion—mark on the repeat authorisation:

                          (i)   the name and address of the approved supplier; and

                         (ii)   the approval number given to the approved supplier under regulation 8A; and

                       (iii)   the identifying number given to the prescription by the approved supplier; and

             (c)   for the supply of the pharmaceutical benefit on a subsequent occasion—mark on the repeat authorisation:

                          (i)   the date on which the most recent supply was made; and

                         (ii)   the identifying number given to the prescription under subparagraph (b) (iii); and

             (d)   for:

                          (i)   a concession card prescription; or

                         (ii)   an entitlement card prescription; or

                       (iii)   a concessional benefit prescription;

                     mark on the repeat authorisation the entitlement number appearing on the prescription.

Penalty: $20.”.

21.2   Paragraph 26 (1A) (b):

Add at the end:

                      “(iv)   if the pharmaceutical benefit is a substitute benefit for the purposes of subsection 103 (2A) of the Act—the brand name of the substitute benefit; and”.

21.3   Subregulation 26 (2):

Omit “authorized”, substitute “authorised”.

21.4   Paragraph 26 (2) (a):

Omit “authorization” (twice occurring), substitute “authorisation”.

21.5   Paragraph 26 (2) (b):

Omit the paragraph, substitute:

           “(b)   there is written on the repeat authorisation or deferred supply authorisation the approval number given to the supplier under regulation 8A;”.

22.   Regulation 26A (Deferred supply authorisations)

22.1   Paragraph 26A (2) (a):

Omit “authorization”, substitute “authorisation”.

22.2   Paragraph 26A (2) (a):

Omit “authorized”, substitute “authorised”.

22.3   Paragraph 26A (2) (b):

Omit “authorization”, substitute “authorisation”.

22.4   Paragraph 26A (2) (e):

Omit “authorization”, substitute “authorisation”.

22.5   Paragraph 26A (2) (e):

Add at the end “at the same time as the benefit on the original prescription is supplied”.

23.   Regulation 27 (Presentation of prescriptions in trading hours)

23.1   Subregulation 27 (1):

Omit “in the form authorized by the Secretary”.

24.   Regulation 30 (Special charge for delivery)

24.1   Regulation 30:

Omit “pharmaceutical chemist”, substitute “pharmacist”.

25.   Regulation 31 (Receipts)

25.1   Regulation 31:

Omit the regulation, substitute:

Receipt of pharmaceutical benefit

           “31.   (1)    Subject to subregulation (3), a person who receives a pharmaceutical benefit (whether or not for the person’s own use) from an approved pharmacist, approved medical practitioner or an approved hospital authority must:

             (a)   write on the prescription, repeat authorisation or deferred supply authorisation for the benefit an acknowledgment that the person has received the benefit; and

             (b)   write the date of supply of the benefit; and

             (c)   if the benefit is not for the person’s own use—the person’s address.

           “(2)   An approved pharmacist, approved medical practitioner or approved hospital authority must not demand an acknowledgment of the supply of a pharmaceutical benefit to a person if the pharmacist, medical practitioner or hospital authority has not supplied the benefit to that person.

           “(3)   If it is not practicable for an approved pharmacist, approved medical practitioner or approved hospital authority to obtain an acknowledgment in accordance with subregulation (1) for the supply of a pharmaceutical benefit, the pharmacist, medical practitioner or hospital authority must certify on the prescription:

             (a)   the date on which the supply was made; and

             (b)   the reason why it was not practicable to obtain the acknowledgment.

Penalty: $20.”.

26.   Regulation 32 (Retention of prescription etc.)

26.1   Paragraph 32 (1) (c):

Add at the end “, or the notification form mentioned in regulation 18A, as the case requires”.

27.   Regulation 34 (Forms suspected of being forged)

27.1   Omit the regulation.

28.   Regulation 35 (Standards of composition and purity of pharmaceutical benefits and additives)

28.1   Regulation 35:

Omit the regulation, substitute:

Standards of composition and purity of pharmaceutical benefits and additives

           “35.   (1)    If:

             (a)   under the Therapeutic Goods Act 1989, a drug, medicine or substance must be of a particular standard of composition or purity; and

             (b)   the drug, medicine or substance is to be supplied as a pharmaceutical benefit;

the standard of composition or purity of the drug, medicine or substance is the standard for the purposes of the Act.

           “(2)   If:

             (a)   under the Therapeutic Goods Act 1989, a drug, medicine or substance must be of a particular standard of composition or purity; and

             (b)   the drug, medicine or substance is used as an additive in another drug, medicine or substance (in this subregulation called ‘the finished product’); and

             (c)   the finished product is to be supplied as a pharmaceutical benefit;

the standard of composition or purity of the drug, medicine or substance used as an additive is the standard for the purposes of the Act.”.

29.   Regulation 36 (Samples)

29.1   Omit “(not being a controlled therapeutic substance within the meaning of the Therapeutic Substances Act 1953)”.

30.   New Part 7

30.1   After regulation 37, insert:

“PART 7—ARRANGEMENTS OF THE PHARMACEUTICAL BENEFITS ADVISORY COMMITTEE

Interpretation

           “38.   In this Part:

Chairperson’ means the Chairperson appointed under regulation 39;

Committee’ means the Pharmaceutical Benefits Advisory Committee established under section 101 of the Act;

member’ means a member of the Committee.

Chairperson

           “39.   The Minister must appoint one of the members of the Committee as the Chairperson of the Committee.

Resignation of Chairperson and members

           “40.   (1)    The Chairperson may resign by notice in writing given to the Minister.

           “(2)   The member of the Committee appointed by the Secretary under paragraph 101 (1) (a) of the Act may resign by notice in writing given to the Secretary.

           “(3)   A member of the Committee appointed by the Minister under paragraph 101 (1) (b) or (c) of the Act may resign by notice in writing given to the Minister.

Presiding member

           “41.   (1)    The Chairperson must preside at any meeting of the Committee at which he or she is present or, under subregulation 42 (3), is taken to be present.

           “(2)   If the Chairperson is absent from a meeting, the members attending the meeting must elect a member to preside at that meeting.

Meetings of the Committee

           “42.   (1)    The Chairperson may, at any time, by notice in writing to all members, convene a meeting of the Committee at the time and place set out in the notice.

           “(2)   For the purposes of subregulation (1), the Chairperson and members of the Committee may:

             (a)   attend a meeting in person; or

             (b)   participate in a meeting by telephone or closed circuit television.

           “(3)   If the Chairperson, or a member, participates in a meeting in accordance with paragraph 2 (b), he or she is taken to be present at the meeting.

           “(4)   The Committee must keep minutes of its meetings.

Quorum

           “43.   At a meeting of the Committee, a quorum is the number of members who constitute a majority of the membership of the Committee.

Voting

           “44.   (1)    At a meeting of the Committee, the Chairperson and other members present each have a deliberative vote.

           “(2)   A matter requiring a decision at a meeting must be determined by a majority of the votes of the Chairperson and other members present and voting.

           “(3)   If an equal number of votes is cast for and against a matter at a meeting:

             (a)   the Chairperson, or the member elected under subregulation 40 (2) to preside at the meeting, may exercise a casting vote; and

             (b)   if the Chairperson or that member declines to exercise a casting vote—the matter is resolved in the negative.

           “(4)   Decisions of the Committee must be recorded in the minutes of the meeting.

Disclosure of pecuniary interests by Chairperson and members

           “45.   (1)    The Chairperson must tell the Minister in writing, as soon as practicable after the beginning of each financial year, of all direct or indirect pecuniary interests that the Chairperson has, or proposes to acquire, in a business or in a body corporate carrying on a business that could conflict with that person’s duties as Chairperson.

           “(2)   Each member must tell the Minister in writing, as soon as practicable after the beginning of each financial year, of all direct or indirect pecuniary interests that the member has, or proposes to acquire, in a business or in a body corporate carrying on a business that could conflict with that person’s duties as a member.

           “(3)   If the Chairperson or a member does not have an interest of the kind mentioned in subregulation (1) or (2) respectively, he or she must give a statement to that effect to the Minister.

           “(4)   If the Chairperson, or the presiding member, has a direct or indirect pecuniary interest in a matter that is to be considered at a meeting, the Chairperson or the presiding member:

             (a)   must disclose the interest to the members present at the meeting; and

             (b)   must not take part in the meeting during the consideration of that matter unless the members present at the meeting agree that the Chairperson or the presiding member may take part in the meeting.

           “(5)   If the Chairperson, or the presiding member, is precluded from taking part in a meeting or part of a meeting because of the operation of paragraph (4) (b), the members present must elect one of the members present to act in the place of the Chairperson or the presiding member for the duration of the Committee’s consideration of the matter.

           “(6)   If a member (other than the Chairperson or the presiding member) has a direct or indirect pecuniary interest in a matter that is to be considered at a meeting, the member:

             (a)   must disclose the interest to the Chairperson, or the presiding member, at the commencement of the meeting; and

             (b)   must not take part in the meeting during the consideration of that matter unless the Chairperson, or the presiding member, allows the member to take part in the meeting.

           “(7)   The following matters must  be recorded in the minutes of a meeting:

             (a)   a disclosure made under subregulation (4) or (6);

             (b)   an agreement under paragraph (4) (b);

             (c)   the consent of the Chairperson, or the presiding member, under paragraph (6) (b).

           “(8)   In this regulation, ‘presiding member’ means, in relation to a meeting of the Committee, a member elected under subregulation 40 (2) to preside at the meeting.

Resolutions without a formal meeting

           “46.   If a majority of the members of the Committee sign a document that includes a statement that they are in favour of a resolution in the terms set out in the document, the resolution is taken to have been passed at a meeting of the Committee:

             (a)   on the day on which the document is signed; or

             (b)   if the members sign the document on different days—on the day on which the document is signed by the member who completes the majority.

Reports and recommendations

           “47.   (1)    A report or a recommendation made to the Minister by the Committee as part of its consideration of a matter must be in writing.

           “(2)   If:

             (a)   the members are not unanimous in agreeing to a report or a recommendation; and

             (b)   a member who is not part of the majority asks the Chairperson to include, as part of the report or recommendation:

                          (i)   a statement that the members are not unanimous; or

                         (ii)   an explanation of the opinion of the member; or

                       (iii)   a separate report or recommendation made by the member;

the report or recommendation must include the matter requested by the member.

Remuneration

           “48.   A member, other than a member appointed under paragraph 101 (1) (a) of the Act, must be paid such remuneration and allowances as are determined by the Remuneration Tribunal.”.

31.   Schedules 6 and 7

31.1   Omit the Schedules, substitute:

                                               SCHEDULE        Regulations 9AF and 9BA

PRESCRIBED OFFICES FOR THE PURPOSES OF SUBSECTIONS 84DA (5) AND 84E (5) OF THE ACT

The State Manager
Health Insurance Commission
Medibank House
33 Erskine Street
Sydney   New South Wales   2000


SCHEDULE—continued

The State Manager
Health Insurance Commission
Westpoint Tower
17 Patrick Street
Blacktown   New South Wales   2148

The State Manager
Health Insurance Commission
107-109 Mann Street
Gosford   New South Wales   2200

The State Manager
Health Insurance Commission
460 Bourke Street
Melbourne   Victoria   3000

The State Manager
Health Insurance Commission
444 Queen Street
Brisbane   Queensland   4000

The State Manager
Health Insurance Commission
Medibank House
209 Greenhill Road
Eastwood   South Australia   5063

The State Manager
Health Insurance Commission
R & I Tower
108 St George’s Terrace
Perth   Western Australia    6000

The State Manager
Health Insurance Commission
242 Liverpool Street
Hobart   Tasmania   7000”.

____________________________________________________________

NOTES

1.   Notified in the Commonwealth of Australia Gazette on 18 October 1994.

2.   Statutory Rules 1960 No. 17 as amended by 1960 Nos. 90 and 102; 1961 Nos. 59 and 137; 1962 Nos. 34, 101 and 114; 1963 Nos. 34, 69 and 107; 1964 Nos. 12, 57 and 135; 1965 Nos. 51, 151 and 152; 1966 Nos. 80 and 144; 1967 Nos. 67, 116 and 158; 1968 Nos. 44, 76, 88 and 146; 1969 Nos. 44, 107 and 185; 1970 Nos. 39, 94, 119 and 186; 1971 Nos. 44, 101, 136 and 154; 1972 Nos. 32, 121 and 205; 1973 Nos. 15, 57, 139 and 229; 1974 Nos. 37, 126 and 222; 1975 Nos. 50, 148 and 209; 1976 Nos. 84, 150, 195 and 255; 1977 Nos. 39, 125 and 221; 1978 Nos. 47, 142, 153 and 245; 1979 Nos. 51, 55, 144 and 250; 1980 Nos. 69, 213 and 338; 1981 Nos. 52, 212, 218 and 345; 1982 Nos. 69, 76, 179, 334 and 372; 1983 Nos. 28, 102, 116 and 292; 1984 Nos. 50, 148, 169 and 342; 1985 Nos. 32, 184 and 320; 1986 Nos. 38, 194, 319, 320 and 391; 1987 Nos. 47, 262 and 279; 1988 No. 56; 1990 Nos. 226, 267, 337, 338 and 437; 1991 Nos. 1 and 474; 1992 No. 226.