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PB 113 of 2019 Determinations/Health as amended, taking into account amendments up to National Health (Pharmaceutical Benefits) (Subsection 84C(7) Price) Amendment Determination 2022
Administered by: Health and Aged Care
Registered 29 Jul 2022
Start Date 01 Jul 2022
Table of contents.

Commonwealth Coat of Arms of Australia

National Health (Pharmaceutical Benefits) (Subsection 84C(7) Price) Determination 2019

PB 113 of 2019

made under subsection 84C(7) of the

National Health Act 1953

Compilation No. 3

Compilation date:                              1 July 2022

Includes amendments up to:            F2022L00737

Registered:                                         29 July 2022

About this compilation

This compilation

This is a compilation of the National Health (Pharmaceutical Benefits) (Subsection 84C(7) Price) Determination 2019 that shows the text of the law as amended and in force on 1 July 2022 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

6............ Manner of ascertaining price for pharmaceutical benefits.............................................. 1

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

             (1)  This instrument is the National Health (Pharmaceutical Benefits) (Subsection 84C(7) Price) Determination 2019.

             (2)  This instrument may also be cited as PB 113 of 2019.

3  Authority

                   This instrument is made under subsection 84C(7) of the National Health Act 1953.

5  Definitions

                   In this instrument:

Act means the National Health Act 1953.

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

approved pharmacist has the meaning given by subsection 84(1) of the Act.

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

pharmaceutical benefit has the meaning given by subsection 84(1) of the Act.

ready‑prepared pharmaceutical benefit means a brand of a pharmaceutical item determined under subsection 85(6) of the Act.

6  Manner of ascertaining price for pharmaceutical benefits

             (1)  For the purposes of subsection 84C(7) of the Act, the price for a pharmaceutical benefit (of a particular quantity or number of units) is to be ascertained by adding:

                     (a)  the Commonwealth price for the supply of the benefit by an approved pharmacist, worked out in accordance with the Commonwealth price (Pharmaceutical benefits supplied by approved pharmacists) Determination 2020 (PB 66 of 2020); and

                     (b)  the amount of the additional patient charge; and

                     (c)  either:

                              (i)  if the pharmaceutical benefit is a ready‑prepared pharmaceutical benefit—$1.31; or

                             (ii)  if the pharmaceutical benefit is an extemporaneously‑prepared pharmaceutical benefit—$1.68;

Note:          This subsection complies with subsection 84C(8) of the Act because, to comply with subsection 98B(2) of the Act, the Commonwealth price (Pharmaceutical benefits supplied by approved pharmacists) Determination 2020 (PB 66 of 2020):

(a)    uses as a basis the approved ex‑manufacturer price, a proportional ex‑manufacturer price or the basic wholesale price; and

(b)    provides for the addition of other fees and amounts determined by the Tribunal that made the determination.

             (2)  However, the price for the pharmaceutical benefit must not be more than the amount that an approved pharmacist may charge for the supply of the benefit under subsection 87(2) or (3) 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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

National Health (Pharmaceutical Benefits) (Subsection 84C(7) Price) Determination 2019 (PB 113 of 2019)

29 Jan 2020 (F2020L00057)

1 Feb 2020 (s 2(1) item 1)

 

National Health (Pharmaceutical Benefits) (Subsection 84C(7) Price) Amendment (Seventh Community Pharmacy Agreement) Determination 2020 (PB 65 of 2020)

29 June 2020 (F2020L00820)

1 July 2020 (s 2(1) item 1)

National Health (Pharmaceutical Benefits) (Subsection 84C(7) Price) Amendment Determination 2021 (PB 58 of 2021)

9 June 2021 (F2021L00713)

1 July 2021 (s 2(1) item 1)

National Health (Pharmaceutical Benefits) (Subsection 84C(7) Price) Amendment Determination 2022 (PB 52 of 2022)

3 June 2022 (F2022L00737)

1 July 2022 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 4.............................................

rep LA s 48C

s 5.............................................

am F2020L00820

s 6.............................................

am F2020L00820; F2021L00713; F2022L00737

Schedule 1................................

rep LA s 48C