National Health (Prescriber Bag Supplies) Determination 2024

PB 29 of 2024

made under sections 93 and 93AB of the

National Health Act 1953

Compilation No. 2

Compilation date: 1 February 2025

Includes amendments: F2025L00065

About this compilation

This compilation

This is a compilation of the National Health (Prescriber Bag Supplies) Determination 2024 that shows the text of the law as amended and in force on 1 February 2025 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Definitions

5 References to a pharmaceutical benefit that has a drug in a relevant form

Part 2—Authorisation of practitioners and maximum quantity (number of units)

6 Authorisation of practitioners to supply pharmaceutical benefits

7 Maximum quantity (number of units)

Schedule 1—Pharmaceutical benefits that may be supplied by authorised suppliers

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 (Prescriber Bag Supplies) Determination 2024.

 (2) This instrument may also be cited as PB 29 of 2024.

3  Authority

  This instrument is made under sections 93 and 93AB of the National Health Act 1953.

4  Definitions

Note 1: Under subsection 4(1A) of the Act, a word or phrase defined for the purposes of the Health Insurance Act 1973 has the meaning that it would have if used in that Act. Expressions used in this instrument that are defined in that Act include ‘medical practitioner’.

In this instrument:

Act means the National Health Act 1953.

authorised nurse practitioner has the same meaning as in Part VII of the Act.

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

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

pharmaceutical benefit that has a drug in a relevant form: see section 5.

5  References to a pharmaceutical benefit that has a drug in a relevant form

A reference in this instrument to a pharmaceutical benefit that has a drug in a relevant form is a reference to a pharmaceutical benefit that has a drug mentioned in an item in Schedule 1 in the column headed “Listed Drug” in the form mentioned for that drug in the column in Schedule 1 headed “Form”.

Part 2—Authorisation of practitioners and maximum quantity (number of units)

6  Authorisation of practitioners to supply pharmaceutical benefits

 (1) For the purposes of subsection 93(1) of the Act, a medical practitioner is authorised to supply a pharmaceutical benefit that has a drug in a relevant form if the initials “MP” are mentioned for that drug in that form in the column in Schedule 1 headed “Prescriber Bag Supplier”.

 (2) For the purposes of subsection 93AB(1) of the Act, an authorised nurse practitioner is authorised to supply a pharmaceutical benefit that has a drug in a relevant form if the initials “NP” are mentioned for that drug in that form in the column in Schedule 1 headed “Prescriber Bag Supplier”.

7  Maximum quantity (number of units)

 (1) This section determines the maximum number of units of a pharmaceutical benefit that has a drug in a relevant form which may be obtained by a medical practitioner or an authorised nurse practitioner (a practitioner) in a calendar month for the purposes of subsection 93(2) and subsection 93AB(2) of the Act.

 (2) The maximum number of units is the number of units mentioned in the column in Schedule 1 headed “Maximum Quantity” for that drug in that form.

 (3) Despite subsection (2), if a practitioner has already obtained 1 or more units of a pharmaceutical benefit that has a drug in a relevant form in a group in the same calendar month, the maximum number of units of any other pharmaceutical benefit that has a drug in a relevant form in that group is zero for that calendar month.

 (4) For this section, a group is each pharmaceutical benefit that has a drug in a relevant form which has the same number mentioned for the drug and form in the column in Schedule 1 headed “Group Number”.

Schedule 1—Pharmaceutical benefits that may be supplied by authorised suppliers

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