Commonwealth Consolidated Regulations

NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS 1960 - REG 18A

         (1)   An approved medical practitioner commits an offence if he or she obtains a pharmaceutical benefit for the purpose of section 93 of the Act by lodging with an approved pharmacist an order under regulation 16.

Penalty:   0.2 penalty units.

         (2)   An approved medical practitioner commits an offence if he or she obtains a pharmaceutical benefit for the purpose of section 93 of the Act more than once in each month.

Penalty:   0.2 penalty units.

         (3)   An approved medical practitioner who obtains a pharmaceutical benefit for the purpose of section 93 of the Act must give a notice to the Secretary that he or she has obtained the benefit.

Penalty:   0.2 penalty units.

         (4)   For subregulation (3), the notice must be:

                (a)    in a form authorised by the Secretary; and

               (b)    signed and dated by the practitioner.

         (5)   An approved medical practitioner who gives a notice to the Secretary under subregulation (3) must retain a copy of the notice for at least 1 year from the date on which he or she gives the notice to the Secretary.

Penalty:   0.2 penalty units.

         (6)   An offence against subregulation (1), (2), (3) or (5) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

         (7)   An approved medical practitioner who:

                (a)    obtains a pharmaceutical benefit for the purpose of section 93 of the Act in accordance with these Regulations; and

               (b)    gives a notice to the Secretary under subregulation (3) about the benefit; and

                (c)    gives the Secretary a claim in accordance with a form made available by the Secretary to approved medical practitioners for that purpose; and

               (d)    completes the claim form in accordance with directions on that form;

is entitled to payment from the Commonwealth in respect of the pharmaceutical benefit at the rate applicable for the supply of the same benefit on an order under regulation 16.