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2015 No. R45 Determinations/Veterans' Entitlements as made
The instrument clarifies how the dispensed price of a pharmaceutical benefit provided under the Scheme is worked out and updates the Repatriation Pharmaceutical Benefits Schedule to include a new listing.
Administered by: Veterans' Affairs
Registered 24 Dec 2015
Tabling HistoryDate
Tabled HR02-Feb-2016
Tabled Senate02-Feb-2016
Date of repeal 02 Jan 2016
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
19-Apr-2016
Expiry Date:
07-Nov-2016
House:
Senate
Details:
Full
Resolution:
Withdrawn
Resolution Date:
03-May-2016
Resolution Time:
Provisions:

Australian Government

Veterans’ Entitlements (Dispensed Price for Repatriation Pharmaceutical Benefits/Updating Incorporated Documents) Amendment Instrument 2015

Instrument 2015 No. R45.

 

 

 

I, Stuart Robert, Minister for Veterans’ Affairs, under subsection 91(3) of the Veterans’ Entitlements Act 1986, approve the following instrument prepared by the Repatriation Commission.

Dated this       21                      day of   December                           2015

Stuart Robert

STUART ROBERT

 

The Repatriation Commission, under subsection 91(2) of the Veterans’ Entitlements Act 1986 prepares the following instrument.

 

Dated this  3rd                          day of   December                           2015

 

The Seal of the                                                               )

Repatriation Commission                                              )  SEAL

was affixed hereto in the                                                )

presence of:                                                                    ) 

                                                                                        

Simon Lewis                                  Craig Orme                                                Major General Mark Kelly

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

 SIMON LEWIS                        CRAIG ORME                                  Major General Mark Kelly

                                                         AM CSC                                                                      AO DSC

    PRESIDENT                      DEPUTY PRESIDENT                                           COMMISSIONER

 

 


 

1       Name

 

   This instrument is the Veterans’ Entitlements (Dispensed Price for Repatriation Pharmaceutical Benefits/Updating Incorporated Documents) Amendment Instrument 2015.

 

2       Commencement

 

(1)           Each provision of this Instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

  1. Sections 1 to 5

The day after this instrument is registered

 

  1. Schedule   Part A

The day after this instrument is registered

 

  1. Schedule Part B

1 January 2016

 

 

  1. Any provision not covered by this table

The day after this instrument is registered

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)           Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

 

3       Authority

     This instrument is made under subsection 91(2) of the Veterans’ Entitlements Act 1986.

 

4       Definition

     “RPBS” means the instrument known as the Repatriation Pharmaceutical Benefits Scheme prepared under section 91 of the Veterans’ Entitlements Act 1986.

 

5       Schedule

     The instrument specified in the Schedule to this instrument is varied as set out in the applicable items in the Schedule.

Schedule

 

PART A

 

Variations to the RPBS Commencing on Registration

 

 

1   Part 1 – Interpretation (Section 3)

 

         insert:

 

“dispensed price” means:

 

(a) for a Pharmaceutical benefit included in the PBS and supplied under the Scheme — the dispensed price for the Pharmaceutical benefit in the PBS;

 

Note: the dispensed price in the PBS is described as “Dispensed Price for Max.Qty”

 

(b) for a Pharmaceutical benefit included in the RPBS Schedule and supplied under the Scheme — the dispensed price for the Pharmaceutical benefit in the RPBS Schedule;

 

Note: the dispensed price in the RPBS Schedule is described as “Dispensed Price for Max.Qty”

 

(c) for a Pharmaceutical benefit not included in the PBS or the RPBS Schedule and supplied under the Scheme — the dispensed price for the Pharmaceutical benefit worked out under the RPBS Schedule.

 

Note: see the information in the RPBS Schedule under the headings: “Pricing of Non-Schedule Ready Prepared Items” and

“Pricing of Non-Schedule Extemporaneously Prepared Items”.

 

“Sixth Community Pharmacy Agreement” means the written agreement between the Australian Government and the Pharmacy Guild of Australia called the “Sixth Community Pharmacy Agreement” which relates to the delivery of PBS medicines and related services, being the version of the agreement as it exists on the date for the document in Schedule 1.

 

2     Paragraph 11B (the heading “Supply Certification Form”)

 

omit the heading.

 

 

3     Paragraph 21

 

          after the paragraph, insert:

 

21A       Dispensed Price for RPBS Schedule Pharmaceutical benefits

 

(1)     The Commission is to decide the dispensed price for Pharmaceutical benefits included in the RPBS Schedule and the Department is to notify a dispensed price decided by the Commission.

 

Note (1): in practice a delegate of the Commission could decide the dispensed price.

 

Note (2): as at 1 January 2016 a Committee called the “Repatriation Pharmaceutical Reference Committee” established under the auspices of the Department of Veterans’ Affairs advised the Repatriation Commission on the listing of pharmaceutical benefits in the RPBS Schedule.

 

Note (3): sections 4 and 5 explain the process of notification for the purposes of the Scheme.

 

(2)     The dispensed price in (1) is to be comprised of:

 

(a) the ex manufacturer price – being the price the Commission and the responsible person for the brand of the Pharmaceutical benefit have agreed, by reference to the quantity of the Pharmaceutical benefit, is to be the price at which the manufacturer sells the Pharmaceutical benefit in the context of the Scheme (approved ex manufacturer price); and

 

Note: in practice a delegate of the Commission could enter into the agreement.

 

(b) the following amounts worked out as if the Pharmaceutical benefit is included in the PBS and the amount worked out under the PBS and the Sixth Community Pharmacy Agreement except that the approved ex manufacturer price is ascertained under the Scheme:

 

(i) the wholesale mark-up – being the mark-up on the approved ex manufacturer price of a ready-prepared Pharmaceutical benefit (approved wholesale price);

 

(ii) the administration, handling and infrastructure fee;

 

Note: previously this fee was known as the pharmacy mark-up.

 

(iii) the dispensing fee (for a ready-prepared Pharmaceutical benefit or a extemporaneously-prepared Pharmaceutical benefit (as the case may be));

 

(iv) any dangerous drug fee (for a ready-prepared Pharmaceutical benefit).

 

Note: see clause 4 (Commonwealth price) of the Sixth Community Pharmacy Agreement for the amounts mentioned above.

 

4     Paragraphs 26, 27, 28, 29 (including the headings)

 

substitute:

 

26           Payment of Dispensed Price

 

The amount payable to a Community Pharmacist for the supply of a Pharmaceutical benefit under the Scheme is the dispensed price.

 

Note: the dispensed price includes a dispensing fee.

 

5     Paragraph 30 (except the heading)

 

substitute:

 

30.          The dispensed price may not be payable to a Community Pharmacist where that person does not satisfy the requirements of paragraph 18 and supplies Pharmaceutical benefits to a person who is not an Eligible Person.


 

 

PART B

 

Variations to the RPBS Commencing on 1 January 2016

 

1     Schedule 1 – Incorporated Documents

 

substitute:

 

SCHEDULE 1 – INCORPORATED DOCUMENTS

 

The following documents, in the version in which they exist on 1 January 2016, are incorporated-by-reference into the Scheme:

 

List A

 

·  Explanatory Notes

· RPBS Explanatory Notes

· PBS or Pharmaceutical Benefits Scheme

·  RPBS Schedule

Note: “RPBS Schedule” is defined to mean the Repatriation Schedule of Pharmaceutical Benefits which is further defined.

·  Sixth Community Pharmacy Agreement

·  the British Pharmacopoeia

·  the United States Pharmacopoeia

·  the European Pharmacopoeia

·  the Australian Pharmaceutical Formulary

·  a prescribed Pharmacology text of international standing

·  the Pharmaceutical Codex as amended and authorised by regulations under the Therapeutic Goods Act 1989.

 

List B

 

The following documents are incorporated-by-reference into the Scheme:

 

·  previous editions of the British Pharmacopoeia which describe drugs and medicinal preparations

·  previous editions of the Pharmaceutical Codex as amended and authorised by regulations under the Therapeutic Goods Act 1989 which describe drugs and medicinal preparations

·  previous editions of the Australian Pharmaceutical Formulary which describe drugs and medicinal preparations.

 

Note: paragraph 43 provides that the later versions of certain documents in list A take precedence over earlier versions of the documents in List B