National Health (Subsection 84C(7)) Determination 2010

made under subsection 84C(7) of the

National Health Act 1953

Compilation No. 11

Compilation date:                              1 July 2019

Includes amendments up to:            PB 50 of 2019

Registered:                                         9 July 2019

About this compilation

This compilation

This is a compilation of the National Health (Subsection 84C(7)) Determination 2010 that shows the text of the law as amended and in force on 1 July 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of Determination................................................................................................. 1

4............ Definitions..................................................................................................................... 1

5............ Manner of ascertaining price for pharmaceutical benefits and repatriation pharmaceutical benefits          1

6............ Additional amount......................................................................................................... 2

Endnotes                                                                                                                                                                 3

Endnote 1—About the endnotes                                                                                                        3

Endnote 2—Abbreviation key                                                                                                            4

Endnote 3—Legislation history                                                                                                         5

Endnote 4—Amendment history                                                                                                       6

1  Name of Determination

                   This Determination is the National Health (Subsection 84C(7)) Determination 2010.

4  Definitions

                   In this Determination:

Act means the National Health Act 1953.

additional patient charge has the same meaning as in the National Health (Pharmaceutical Benefits) Regulations 2017.

extemporaneously‑prepared pharmaceutical benefit means a pharmaceutical benefit that is not a ready‑prepared pharmaceutical benefit.

ready‑prepared pharmaceutical benefit means a brand of a pharmaceutical item for which there is a determination under subsection 85(6) of the Act.

5  Manner of ascertaining price for pharmaceutical benefits and repatriation pharmaceutical benefits

             (1)  For subsection 84C(7) of the Act, the price for a pharmaceutical benefit or repatriation pharmaceutical benefit is the total of the following:

                     (a)  the Commonwealth price for the supply of the benefit by an approved pharmacist, worked out in accordance with a determination under paragraph 98B(1)(a) of the Act;

                     (b)  the amount mentioned in section 6.

Note 1:       Subsection 84C(8) of the Act provides that a manner of ascertaining the price for a pharmaceutical benefit or repatriation pharmaceutical benefit determined under subsection 84C(7) of the Act must be based on:

(a)    for a pharmaceutical benefit that is a listed brand of a pharmaceutical item—the approved ex‑manufacturer price or a proportional ex‑manufacturer price of the brand of the pharmaceutical item that was in force on the first day of the month of the year in which the supply occurs; and

(b)    for any other pharmaceutical benefit or a repatriation pharmaceutical benefit—the basic wholesale price of each ingredient that is applicable on the day on which the supply occurs.

                   The calculation of the Commonwealth price takes as the basis the approved ex‑manufacturer price or a proportional ex‑manufacturer price (see paragraph 98B(2)(a) of the Act) or the basic wholesale price (see paragraph 98B(2)(b) of the Act).

Note 2:       Paragraph 84C(8)(c) of the Act provides that the manner determined under subsection 84C(7) of the Act must provide for the addition of any fees and other amounts determined by the Tribunal for paragraph 98B(2)(c) of the Act. The Commonwealth price includes any fees and amounts determined by the Tribunal for that paragraph.

             (2)  However, the price for a pharmaceutical benefit or repatriation pharmaceutical benefit must not be more than the amount that the approved supplier may charge for the supply of the benefit under subsection 87(2) or (3) of the Act.

6  Additional amount

(1)  For paragraph 84C(8)(d) of the Act, the amounts are as follows:

(a)  for a ready‑prepared pharmaceutical benefit, other than an admixed ready‑prepared pharmaceutical benefit ‑ the sum of:

  (i)  $1.25; and

(ii)  the amount of the additional patient charge;

(b)  for an extemporaneously‑prepared pharmaceutical benefit or an admixed ready‑prepared pharmaceutical benefit ‑ the sum of:

  (i)  $1.61; and

(ii)  the amount of the additional patient charge.

             (2)  In this section:

admixed ready‑prepared pharmaceutical benefit means a pharmaceutical benefit mentioned in Schedule 1 to the determination under paragraph 98C(1)(b) of the Act.

Note:          Pharmaceutical benefits that involve the admixture of ready‑prepared ingredients are set out in Schedule 1 to the determination under paragraph 98C(1)(b) of the Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history