NATIONAL HEALTH ACT 1953
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 4 Interpretation
- 6 Delegation
- 6A External Territories
- 7A Application of the Criminal Code
PART II--NATIONAL--HEALTH SERVICES
- 8 Interpretation
- 9 Provision of certain medical and dental services
- 9A Provision of medical and surgical aids and appliances etc. by the Commonwealth
- 9B Provision of vaccines
- 9C Arrangements with States for provision of surgical aids and appliances etc.
- 10 Arrangements with other Ministers
- 11 Arrangements with States
PART III--CONTINENCE--AIDS PAYMENT SCHEME
- 12 Continence Aids Payment Scheme
- 13 Secretary or Chief Executive Medicare may request information
- 14 Reviewing decision whether applicant is eligible for the scheme
- 15 Reviewing decision whether participant is eligible for the scheme
PART VII--PHARMACEUTICAL--BENEFITS
Division 1--Preliminary
- 83Z Repeal and saving
- 84 Interpretation
- 84AAA Early supply of a specified pharmaceutical benefit
- 84AA Concessional benefit prescriptions, concession card prescriptions and entitlement card prescriptions
- 84A Participating dental practitioners
- 84AAB Authorised optometrists
- 84AAC Secretary may suspend or revoke approval of authorised optometrist
- 84AAD Review of decisions relating to authorised optometrists
- 84AAE Meaning of eligible midwife
- 84AAF Authorised midwives
- 84AAG Secretary may suspend or revoke approval of authorised midwife
- 84AAH Review of decisions relating to authorised midwives
- 84AAI Meaning of eligible nurse practitioner
- 84AAJ Authorised nurse practitioners
- 84AAK Secretary may suspend or revoke approval of authorised nurse practitioner
- 84AAL Review of decisions relating to authorised nurse practitioners
- 84AB Pharmaceutical items
- 84ABA References to pharmaceutical items, combination items or pharmaceutical benefits having a drug
- 84AC When listed drug is on F1 or F2
- 84AE Co - marketed brands
- 84AF Responsible person for a brand of a pharmaceutical item
- 84AG Therapeutic groups
- 84AH Exempt items
- 84AI Rounding amounts
- 84AJ When pharmaceutical benefits are Schedule equivalent
- 84AK Quantities of pharmaceutical items
Division 1A--Safety net concession cards and pharmaceutical benefits entitlement cards
- 84B Family relationships
- 84BA Supplies of out - patient medication
- 84C Eligibility for concession and entitlement cards
- 84CA Transferred value
- 84D Pharmaceutical benefits prescription record forms etc.
- 84DA Issue of safety net concession card
- 84E Issue of pharmaceutical benefits entitlement card
- 84F Form of cards
- 84G Persons covered by card
- 84H Additional and replacement cards
- 84HA Fee to approved pharmacist etc. for issuing card
- 84J Period of effect of card
- 84K Return of card
- 84L Offences
Division 2--Supply of pharmaceutical benefits
- 85 Pharmaceutical benefits
- 85AAA Pharmaceutical benefits that can only be supplied under the prescriber bag provisions
- 85AA Pharmaceutical benefits that can only be supplied under special arrangements
- 85A Determinations of forms of pharmaceutical benefits or pharmaceutical items with respect to classes of persons
- 85AB Minister may determine that a listed drug is on F1 or F2
- 85AD Price agreements
- 85B Price determinations and special patient contributions
- 85BA Effect of deemed reductions of, or increases to, approved ex - manufacturer price
- 85C Each brand of a pharmaceutical item is to have the same approved ex - manufacturer price
- 85D Proportional ex - manufacturer price
- 85E Minister may enter into deeds with responsible persons
- 86 Entitlement to receive pharmaceutical benefits
- 86A Pharmaceutical benefits not to be supplied in respect of persons reasonably believed not to be in Australia
- 86B Approved supplier may request provision of medicare number
- 86C On and after 1 January 2001 approved supplier must request provision of medicare number in certain circumstances
- 86D Power of approved suppliers to record and retain medicare numbers and expiry dates
- 86E Minister may determine certain persons to be special evidentiary categories
- 87 Limited charges for pharmaceutical benefits
- 87AA Meaning of eligible for increased discounting
- 87A Entitlement to refund in certain circumstances
- 88 Prescribing of pharmaceutical benefits
- 88AA Power of PBS prescribers to record and retain medicare numbers and expiry dates
- 88A Prescription of certain pharmaceutical benefits authorised only in certain circumstances
- 89 Pharmaceutical benefits to be supplied only on prescription etc.
- 89A When pharmaceutical benefits may be supplied by approved pharmacists without prescription
- 90 Approved pharmacists
- 90A Minister may substitute decision approving pharmacist
- 90B Request to Minister to approve pharmacist
- 90C Circumstances in which request may not be made
- 90D Provision of further information
- 90E Effect of decision by Minister to approve pharmacist
- 91 Application to supply pharmaceutical benefits following the death of approved pharmacist
- 91A Application to supply pharmaceutical benefits at alternative premises because of disaster or exceptional circumstances
- 91B Application to supply pharmaceutical benefits if approved pharmacist is bankrupt or external administrator in relation to pharmacy
- 92 Approved medical practitioners
- 92A Approvals to be subject to conditions
- 92B Persons not to enter into certain refund agreements
- 93 Prescriber bag supplies--medical practitioners
- 93AA Prescriber bag supplies--authorised midwives
- 93AB Prescriber bag supplies--authorised nurse practitioners
- 93A Supply of certain pharmaceutical benefits to patients in private hospitals or aged care facilities
- 94 Approved hospital authorities
- 95 Suspension or revocation of approval
- 98 Cancellation by Secretary of approval of pharmacists etc.
- 98AA Cancellation by Minister of approval of hospital
- 98AB Notification by Department of alterations to pharmaceutical benefits scheme
- 98AC Information about supplies
Division 3--Payment for supply of pharmaceutical benefits
- 98A Establishment of Pharmaceutical Benefits Remuneration Tribunal
- 98B Functions of Tribunal
- 98BA Inquiries by Tribunal
- 98BAA Tribunal must give effect to certain agreements
- 98BB Constitution of Tribunal
- 98BC Procedure of Tribunal
- 98BD Findings etc. of Tribunal to be made public
- 98BE Date of operation of determination of the Tribunal
- 98C Determinations by Minister
- 98E Secrecy
- 99 Payment for supply of benefits
- 99AAA Claim for payment relating to supply of benefits
- 99AAB Certain suppliers exempted from requirement to use the Claims Transmission System
- 99AAC Declaration by Secretary exempting approved supplier from using Claims Transmission System
Division 3AA--Recovery of payments for the supply of pharmaceutical benefits
- 99AA Unauthorised payments etc.
- 99AB Advances
- 99ABA Recovery of amounts for false or misleading information
- 99ABB Notice to produce documents
- 99ABC Notice of decision to claim amounts as debts
- 99ABD Review of decisions to claim amounts as debts
- 99ABE Liability for administrative penalty
- 99ABF Amount of administrative penalty
- 99ABG Notice of administrative penalty and review of assessments
- 99ABH Power to obtain information relating to a debt
- 99ABI Amounts recoverable once only
- 99ABJ Garnishee notices
- 99ABK Failure to comply with garnishee notice
- 99ABL Recoverable amounts may be set off
Division 3A--Price reductions
Subdivision A--Preliminary- 99AC What this Division is about
- 99ACA Definitions etc. Subdivision B--First new brand price reductions for brands of pharmaceutical items that are not combination items
- 99ACB First new brand price reductions for brands of pharmaceutical items that are not combination items
- 99ACBA Ministerial determination--brand of pharmaceutical item that is not a combination item is not a new brand Subdivision C--Price reductions for combination items
- 99ACC Price reductions for single brands of combination items
- 99ACD First new brand price reductions for brands of combination items
- 99ACEA Ministerial determination--brand of pharmaceutical item that is a combination item is not a new brand Subdivision D--Other statutory price reductions
- 99ACF Statutory price reductions
- 99ACG Other price reductions do not apply if a price disclosure reduction has applied
- 99ACHA 5% statutory price reduction for drugs on F1--fifth anniversary
- 99ACHB 5% statutory price reduction for drugs on F1--fifth anniversary
- 99ACJ 10% statutory price reduction for drugs on F1--tenth anniversary
- 99ACJA 5% statutory price reduction for drugs on F1--tenth anniversary
- 99ACK 5% statutory price reduction for drugs on F1--15th anniversary
- 99ACKA 26.1% statutory price reduction for certain drugs--15th anniversary
- 99ACKB 30% statutory price reduction for certain drugs--15th anniversary
- 99ACL Special rule--statutory price reduction for drugs on F1
- 99ACM 5% statutory price reduction for drugs on F1--tenth anniversary
- 99ACN Catch - up price reduction for certain drugs--15th anniversary
- 99ACNA Catch - up price reduction for certain drugs--meaning of previous price reduction under this Division
- 99ACP 1.48% statutory price reduction for certain drugs--15th anniversary Subdivision E--Flow-on of first new brand price reductions to existing brands and related brands
- 99ACQ Flow - on of price reductions to existing brands of the same pharmaceutical item
- 99ACR Flow - on of first new brand price reductions to related brands
Division 3B--Price disclosure
Subdivision A--Preliminary- 99AD What this Division is about
- 99ADA Division does not apply to exempt items
- 99ADB Definitions etc.
- 99ADBA Meaning of data collection period Subdivision B--Price disclosure requirements
- 99ADC The price disclosure requirements
- 99ADD When the price disclosure requirements apply Subdivision D--Consequences for failing to comply with the price disclosure requirements
- 99ADF Offence for failing to comply with the price disclosure requirements
- 99ADG Other consequences for failing to comply with the price disclosure requirements Subdivision E--Price reduction
- 99ADH Price reduction based on information provided under the price disclosure requirements
- 99ADHA Price reduction for brands listing after end of data collection period
- 99ADHB Flow on price reductions for brands of combination items
Division 3BA--Floor price of a brand of a pharmaceutical item
- 99ADHC Floor price of a brand of a pharmaceutical item
Division 3C--Guarantee of supply
Subdivision A--Preliminary- 99AE What this Division is about
- 99AEA Definitions Subdivision B--Guarantee of supply
- 99AEB Guarantee of supply Subdivision C--Brands that are guaranteed brands
- 99AEC Guaranteed brand: new brand
- 99AED Guaranteed brand: first brand to offer a lower price Subdivision D--Meaning of fails to supply and unable to supply
- 99AEE Meaning of fails to supply
- 99AEF Meaning of unable to supply Subdivision E--Requirement to notify Minister of failure or inability to supply etc.
- 99AEG Requirement to notify Minister of failure to supply etc. Subdivision F--Consequences for guaranteed brands of failure or inability to supply
- 99AEH Minister's powers if responsible person fails to supply, or is unable to supply, guaranteed brand Subdivision G--Consequences for other brands
- 99AEI Minister may increase approved ex - manufacturer price if guaranteed brand delisted
- 99AEJ Minister may determine drug is on F1 if guaranteed brand delisted
- 99AEK Minister may revoke or vary formulary determination if guaranteed brand delisted
Division 3CAA--Minimum stockholding requirement
- 99AEKA Brands subject to the minimum stockholding requirement
- 99AEKB Minimum stockholding requirement
- 99AEKC Applicable quantity of a brand of a pharmaceutical item
- 99AEKD Minister to be notified of breach of minimum stockholding requirements
- 99AEKE Minister's power if responsible person breaches minimum stockholding requirement
- 99AEKF Stockholding disclosure requirements
Division 3CA--Discounts and incentives
- 99AEL Minister's powers if responsible person offers discounts or incentives for certain brands of pharmaceutical items
Division 4--Provisions relating to members of the Pharmaceutical Benefits Remuneration Tribunal
- 99A Terms and conditions of appointment
- 99B Remuneration and allowances
- 99C Resignation and removal from office
- 99D Acting Chairperson
- 99E Acting additional member
Division 4A--Indexation
- 99F Definitions
- 99G Indexation
Division 4B--Australian Community Pharmacy Authority
- 99H Interpretation
- 99J Establishment of Authority
- 99K Functions
- 99L Determination of rules by Minister
- 99M Powers
- 99N Membership
- 99P Terms and conditions not provided for by this Act
- 99Q Defective appointment not invalid
- 99R Remuneration and allowances
- 99S Leave of absence
- 99T Disclosure of interests
- 99U Resignation
- 99V Termination of appointment
- 99W Meetings
- 99X Committees
Division 4C--Cost recovery
Subdivision A--Preliminary- 99YB What this Division is about Subdivision B--Payment of fees etc. for certain services
- 99YBA Payment of fees etc. for certain services Subdivision C--Consequences if fees not paid
- 99YBB Minister may refuse to exercise certain powers if prescribed fees not paid Subdivision D--Review of cost-recovery measures
- 99YBC Review of impact of cost - recovery measures
Division 4D--Export restriction
- 99ZH Definitions
- 99ZI Restrictions on carriage or consignment of drug like substances
- 99ZJ Detention of certain drug like substances being carried out of Australia and retention of related documents
- 99ZK Detention of certain drug like substances consigned for export and retention of related documents
- 99ZL Examination and inspection powers
- 99ZM Detention of some drug like substances and not others
- 99ZN Treatment of detained substances and retained documents
- 99ZO Treatment by the Chief Executive Medicare of detained substances and retained documents
- 99ZP Right of compensation in certain circumstances for substances destroyed
- 99ZQ Disposal of forfeited substances
- 99ZR Liability for acts done in good faith
- 99ZS Guidelines for detention of, dealing with, and disposal of, substances
- 99ZT Forfeiture of substances detained under section 99ZJ or 99ZK
Division 5--General
- 100 Special arrangements
- 100A Establishment and membership of the Pharmaceutical Benefits Advisory Committee
- 100B Appointment etc. of members of the Pharmaceutical Benefits Advisory Committee
- 100C Termination of appointment
- 100D Remuneration
- 101 Functions of Pharmaceutical Benefits Advisory Committee
- 101A Sub - committees of the Pharmaceutical Benefits Advisory Committee
- 101B Use of computer programs to take administrative action
- 102 Testing of drugs
- 103 Offences
- 104A Pharmacists to furnish statement of stocks
- 104B Transitional--price increases on 1 October 2022
- 105 Regulations
PART VIIA--REVIEWS--BY ADMINISTRATIVE APPEALS TRIBUNAL
- 105AA Interpretation
- 105AB Application for review by Tribunal
- 105AC Statements to accompany notification of decisions
- 105AD Application for review by Tribunal of decisions of the Australian Community Pharmacy Authority
- 105AE Time limits
PART VIII--COMMITTEES--OF INQUIRY
Division 1--Preliminary
- 107 Interpretation
Division 3--Pharmaceutical Services Committees of Inquiry
- 113 Pharmaceutical Services Federal Committee of Inquiry
- 114 Functions of Federal Committee
- 115 Pharmaceutical Services State Committees of Inquiry
- 116 Functions of State Committee
- 117 Reports not to relate to conduct of PBS prescribers
Division 4--Provisions applicable to Committees generally
- 118 Interpretation
- 119 Membership of Committees
- 119A Acting Member
- 120 Chairperson
- 120A Vacancies in Committees
- 121 Procedure of Committees
- 122 Evidence
- 123 Proceedings in private
- 124 Determination of questions at meetings
- 125 PBS prescriber or pharmacist affected by inquiry to be given notice
- 126 Summoning of witnesses
- 127 Committee may examine upon oath or affirmation
- 128 Failure to attend or produce documents
- 129 Refusal to be sworn or give evidence
- 130 Protection of witnesses
- 131 Allowances to witnesses
- 132 Protection of members
PART VIIIA--DATA---MATCHING
- 132A Definitions
- 132B Data - matching by the Chief Executive Medicare
- 132C Secretary may disclose therapeutic goods information to the Chief Executive Medicare
- 132D Private health insurer may disclose information about hospital or general treatment to the Chief Executive Medicare
- 132E Breach of provision of this Part is an interference with privacy
- 132F Data - matching principles
PART VIIIB--COVID---19 VACCINES AND TREATMENTS
- 132G Provision of COVID - 19 vaccines and treatments
PART IX--MISCELLANEOUS
- 133 Effect of prosecution for offence
- 133A Territories
- 134 Effect of suspension or cancellation of approval or authority
- 134A Publication of particulars of certain action taken under this Act
- 134B Time for commencing prosecutions
- 134C Defence in certain prosecutions
- 134D Civil penalty provisions
- 134E Obligations not affected by State or Territory laws
- 134F Conduct by directors, employees or agents
- 135 Right of Commonwealth officers to practise
- 135A Officers to observe secrecy
- 135AAA Prescribers and approved suppliers must observe secrecy in relation to medicare numbers and expiry dates provided for pharmaceutical benefit scheme purposes
- 135AA Privacy rules
- 135AB Breaches of the privacy rules
- 135AC Authorisation of collection of particular health information
- 135B Prosecution of offences
- 136 Committees
- 136A Filling of vacancies on committees
- 137 Moneys from which payments under this Act are to be made
- 138 Exercise of Secretary's powers subject to directions of Minister
- 138A Telephone access to offices
- 139 Judicial notice of signature of Secretary
- 139A Evidence
- 139C Information with respect to concessional beneficiaries
- 140 Regulations