Federal Register of Legislation - Australian Government

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R19/2012 Other as made
This instrument amends the Repatriation 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 Repatriation Pharmaceutical Benefits Scheme. The information is about supplies of pharmaceuticals to veterans and dependants (entitled person) where the cost of the item to the entitled person is less than or equal to the co-payment the entitled person would otherwise pay if the item was subsidised.
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Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014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

Veterans’ Entitlements Act 1986

 

Veterans’ Entitlements (Repatriation Pharmaceutical Benefits Scheme – Under Co-payment Data Collection) Instrument 2012

 

Instrument No. R19/2012

 

 

I, Warren Snowdon, Minister for Veterans’ Affairs, pursuant to subsection 91(3) of the Veterans’ Entitlements Act 1986, approve this instrument made by the Repatriation Commission.

Dated this 30th        day of March               2012

Warren Snowdon

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

WARREN SNOWDON

 

The Repatriation Commission, pursuant to subsection 91(2) of the Veterans’ Entitlements Act 1986, varies the Repatriation Pharmaceutical Benefits Scheme (Instrument No.12 of 1995) in accordance with the Schedule.

Ian Campbell                                                   Shane Carmody

……………………………………………………………………………………….

IAN CAMPBELL                                                        SHANE CARMODY

        PSM                 

    PRESIDENT                                                          DEPUTY PRESIDENT

 

 

 

[1]     Name of Instrument

This instrument is the Veterans’ Entitlements (Repatriation Pharmaceutical Benefits Scheme – Under Co-payment Data Collection) Instrument 2012.

 

[2]  Commencement

 

This instrument 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.