National Health (COVID‑19 Supply of Pharmaceutical Benefits) Special Arrangement 2020

made under section 100 of the

National Health Act 1953

Compilation No. 9

Compilation date: 1 April 2023

Includes amendments up to: F2023L00401

Registered: 19 April 2023

About this compilation

This compilation

This is a compilation of the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 that shows the text of the law as amended and in force on 1 April 2023 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1 Name

3 Authority

4 Repeal of this instrument

5 Simplified outline of this instrument

6 Definitions

Part 2—Special Arrangement for supplies of pharmaceutical benefits

16 Application of section 57 of the Regulations—written acknowledgement of receipt of pharmaceutical benefits

Part 3—Application, savings and transitional provisions

17 Continued application of Special Arrangement as in force before commencement of the National Health (COVID‑19 Supply of Pharmaceutical Benefits) Amendment (Expansion of Telehealth and Telephone Attendances) Special Arrangement 2020

17A Continued application of Special Arrangement as in force before commencement of the National Health (COVID‑19 Supply of Pharmaceutical Benefits) Amendment (Additional Extension) Special Arrangement 2021

17B Continued application of Special Arrangement as in force before 1 April 2022

18 Continued application of Special Arrangement on and after 1 April 2023

19 Continued application of Special Arrangement on and after 1 April 2024

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

 (1) This instrument is the National Health (COVID‑19 Supply of Pharmaceutical Benefits) Special Arrangement 2020.

3  Authority

  This instrument is made under section 100 of the National Health Act 1953.

4  Repeal of this instrument

  This instrument is repealed at the start of 1 April 2024.

5  Simplified outline of this instrument

This instrument modifies arrangements for supplies of pharmaceutical benefits in relation to written acknowledgement of receipt of the benefits.

Note: Part VII of the Act, and regulations or other instruments made for the purposes of that Part, have effect subject to this instrument (see subsection 100(3) of the Act).

6  Definitions

(1) In this instrument:

Act means the National Health Act 1953.

pharmaceutical benefit has the same meaning as in Part VII of the Act.

Regulations means the National Health (Pharmaceutical Benefits) Regulations 2017.

(2) A reference in this Special Arrangement to the Act, the Regulations or the Health Insurance Act 1973 is a reference to that legislation as in force from time to time.

Part 2—Special Arrangement for supplies of pharmaceutical benefits

16  Application of section 57 of the Regulations—written acknowledgement of receipt of pharmaceutical benefits

  Section 57 of the Regulations does not apply to the supply of a pharmaceutical benefit where it is not practicable for the approved supplier to obtain from the person to whom the benefit is supplied (whether or not for the person's own use) written acknowledgement that the person has received the benefit.

Part 3—Application, savings and transitional provisions

17  Continued application of Special Arrangement as in force before commencement of the National Health (COVID‑19 Supply of Pharmaceutical Benefits) Amendment (Expansion of Telehealth and Telephone Attendances) Special Arrangement 2020

  This Special Arrangement, as in force immediately before the commencement of this section, continues to apply on and after that commencement in relation to the supply of a pharmaceutical benefit made under this Special Arrangement before that commencement.

17A  Continued application of Special Arrangement as in force before commencement of the National Health (COVID‑19 Supply of Pharmaceutical Benefits) Amendment (Additional Extension) Special Arrangement 2021

  This Special Arrangement, as in force immediately before the commencement of this section, continues to apply on and after that commencement in relation to the supply of a pharmaceutical benefit made under this Special Arrangement before that commencement.

17B  Continued application of Special Arrangement as in force before 1 April 2022

  This Special Arrangement, as in force immediately before 1 April 2022, continues to apply on and after 1 April 2022 in relation to the supply of a pharmaceutical benefit made under this Special Arrangement before 1 April 2022.

18  Continued application of Special Arrangement on and after 1 April 2023

  This Special Arrangement, as in force immediately before 1 April 2023, continues to apply on and after 1 April 2023 in relation to the supply of a pharmaceutical benefit made under this Special Arrangement before 1 April 2023.

19  Continued application of Special Arrangement on and after 1 April 2024

  This Special Arrangement, as in force immediately before 1 April 2024, continues to apply on and after 1 April 2024 in relation to the supply of a pharmaceutical benefit made under this Special Arrangement before 1 April 2024.

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

Endnote 3—Legislation history

Endnote 4—Amendment history