Federal Register of Legislation - Australian Government

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M20/2012 Determinations/Health as made
This instrument amends the MRCA Pharmaceutical Benefits Scheme to provide that the action of pharmacists supplying certain information to the Department of Human Services for the purposes of the Under co-payment Data Collection Initiative is taken to be an action for the purposes of the MRCA Pharmaceutical Benefits Scheme.
Administered by: Veterans' Affairs
Registered 30 Mar 2012
Tabling HistoryDate
Tabled HR08-May-2012
Tabled Senate10-May-2012
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Australian Government

Military Rehabilitation and Compensation Act 2004

 

MRCA Pharmaceutical Benefits Scheme (Under Co-payment Data Collection) Determination 2012

 

Instrument No. M20/2012

 

 

I, Warren Snowdon, Minister for Veterans’ Affairs, pursuant to subsection 286(3) of the Military Rehabilitation and Compensation Act 2004, approve this instrument made by the Military Rehabilitation and Compensation Commission.

Dated this       30th     day of              March  2012

Warren Snowdon

……………………….............................................

WARREN SNOWDON

 

The Military Rehabilitation and Compensation Commission, by its delegates, pursuant to subsection 286(2) of the Military Rehabilitation and Compensation Act 2004, varies the MRCA Pharmaceutical Benefits Scheme (Determination No.M22 of 2004) in accordance with the Schedule.

Dated this       29th     day of              March  2012

 

The Seal of the                                                )

Military Rehabilitation                                    )

and Compensation Commission                   )SEAL

was affixed hereto in the                                )

presence of:                                                     )

Ian Campbell                                                             Shane Carmody

…………………………………………………………………………………………..

IAN CAMPBELL                                                                  SHANE CARMODY           

        PSM                                                                                                                                

CHAIR and DELEGATE                                             MEMBER and DELEGATE        

 

 

[1]     Name of Determination

This determination is the MRCA Pharmaceutical Benefits Scheme (Under Co-payment Data Collection) Determination 2012.

 

[2]  Commencement

 

This determination commences on 1 April 2012.

 

 


 

Schedule

 

1.       Paragraph 3

 

insert:

 

approved supplier has the meaning given in Part VII of the National Health Act 1953.

 

Secretary has the meaning given in Part 1 of the National Health Act 1953

 

2.      Part 5A

 

after this Part, insert:

 
Part 5B — Under Co-payment Data Collection

 

40A.  Giving information
 
(1) A Community Pharmacist who gives information to the Secretary in relation to the supply, under the Scheme, of a Pharmaceutical benefit by the pharmacist to an Eligible Person, is taken to have given that information under, and for the purposes of, the Scheme, provided that:
 

(a) no claim for payment is made by the Community Pharmacist on the Commission or Department for dispensing the Pharmaceutical benefit; and

 

(b) the dispensing price of the pharmaceutical benefit is less than, or equal to, the co-payment that would have been paid by the Eligible Person for the pharmaceutical benefit if it had been dispensed at a price for which a co-payment is payable; and

 

(c) the information is given in accordance with the requirements, to the extent applicable, that apply under section 98C of the National Health Act 1953 to an approved supplier giving information to the Secretary in relation to the supply to a person of a pharmaceutical benefit, as if references in section 98C to an approved supplier and a pharmaceutical benefit are references to, respectively, a Community Pharmacist and a Pharmaceutical benefit and the pharmaceutical benefit has been supplied under the Scheme.

 

Note: a Community Pharmacist includes an Approved Hospital Authority.