Commonwealth Consolidated Regulations

NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS 1960 - REG 5

         (1)   In these Regulations, unless the contrary intention appears:

"applicable amount" has the same meaning as in Part VII of the Act.

"approved electronic communication" means an electronic communication of a kind approved in writing by the Secretary under regulation 5E for the purposes of the provision in which the expression is used.

"approved hospital" means a hospital the governing body of which is an approved hospital authority.

"approved hospital authority" means a hospital authority approved under section 94 of the Act.

"approved information technology requirements" means information technology requirements of a kind approved in writing by the Secretary under regulation 5F for the purposes of the provision in which the expression is used.

"approved medical practitioner" means a medical practitioner approved under section 92 of the Act.

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

Note    The definition in subsection 84 (1) of the Act provides that approved pharmacist means a person for the time being approved under section 90 of the Act and includes certain other persons described in that definition. Under paragraph 91 (7) (a) of the Act, a person granted permission to supply pharmaceutical benefits under subsection 91 (1) of the Act is to be treated as if the person is approved under section 90 of the Act as an approved pharmacist. Under paragraph 91 (7) (c) of the Act, references in the Act to an approval granted under section 90 of the Act include references to an approval treated as having been granted under section 90 by paragraph 91 (7) (a) of the Act.

"approved supplier" has the same meaning as in Part VII of the Act.

"authorised midwife" has the meaning given by subsection 84 (1) of the Act.

"authorised nurse practitioner" has the meaning given by subsection 84 (1) of the Act.

"authorised optometrist" has the meaning given by subsection 84  (1) of the Act.

"authority prescription" means a prescription that prescribes a pharmaceutical benefit and that has been authorised:

                (a)    in accordance with subregulation 13 (5); or

               (b)    under authority required procedures that are part of the circumstances determined by the Minister for paragraph 85 (7) (b) of the Act for the pharmaceutical benefit.

Note    A determination under subsection 85 (7) of the Act contains procedures that are called 'authority required procedures' that are part of the circumstances determined by the Minister for paragraph 85 (7) (b) of the Act and that only apply to certain pharmaceutical benefits specified in the determination .

"brand" , for a pharmaceutical item, means a brand of the pharmaceutical item within the meaning of subsection 84 (1) of the Act.

"Commonwealth price" has the same meaning as in Part VII of the Act.

"concessional beneficiary" has the same meaning as in Part VII of the Act.

"concessional benefit prescription" has the same meaning as in Part VII of the Act.

"concession card" has the same meaning as in Part VII of the Act.

"concession card prescription" has the same meaning as in Part VII of the Act.

"dependant" , in relation to a concessional beneficiary, has the same meaning as in Part VII of the Act.

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

"electronic communication" has the meaning given by subsection 5 (1) of the Electronic Transactions Act 1999 .

"electronic order form" means a form that is approved in writing by the Secretary under subparagraph 16 (1) (b) (ii) for the purposes of lodging an order under paragraph 16 (1) (b).

"electronic prescription" means a prescription that is prepared and submitted:

                (a)    in accordance with approved information technology requirements (if any), by means of an approved electronic communication; and

               (b)    in accordance with a form approved by the Secretary under sub-subparagraph 19 (1) (a) (iia) (B).

"entitlement card" has the same meaning as in Part VII of the Act.

"entitlement card prescription" has the same meaning as in Part VII of the Act.

"information technology requirements" has the meaning given by subsection 5 (1) of the Electronic Transactions Act 1999 .

"Medicare Australia/DVA copy" , for a paper-based prescription, means the duplicate of the prescription on which appear the words 'Medicare Australia/DVA copy'.

"medicare number" has the same meaning as in Part VII of the Act.

"optometrist" has the meaning given by subsection 84 (1) of the Act.

"out-patient medication" has the same meaning as in Part VII of the Act.

"paper-based prescription" means a prescription, including an authority prescription, that is prepared in duplicate in accordance with subparagraph 19 (1) (a) (i), (ii) or (iii).

"participating dental practitioner" has the same meaning as in Part VII of the Act.

"PBS prescriber" has the meaning given by subsection 84 (1) of the Act.

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

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

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

"pharmacist/patient copy" , for a paper-based prescription, means the original of the prescription on which appear the words 'pharmacist/patient copy'.

"prescription" means a paper-based prescription or an electronic prescription.

"public hospital" has the same meaning as in Part VII of the Act.

"public hospital authority" has the same meaning as in Part VII of the Act.

"ready-prepared pharmaceutical benefit" means a pharmaceutical benefit in respect of which a determination made under subsection 85 (6) of the Act is in force.

"record form" has the same meaning as in Part VII of the Act.

"relevant entitlement period" has the same meaning as in Part VII of the Act.

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

"responsible person" has the same meaning as in Part VII of the Act.

"the Act" means the National Health Act 1953 .

         (2)   In these Regulations, unless the contrary intention appears, a reference to prescribing or to the writing of a prescription shall be read as a reference to the writing of a prescription for the supply of a pharmaceutical benefit under Part VII of the Act.

         (3)   In these Regulations, unless the contrary intention appears:

                (a)    a reference to the holder of a concession card or an entitlement card shall be read as a reference to a person who is, by virtue of section 84G of the Act, to be taken to be a holder of the card;

              (aa)    a reference to the original holder of a concession card is a reference to the person to whom a concession card has been issued under section 84DA of the Act;

               (b)    a reference to the original holder of an entitlement card shall be read as a reference to the person to whom an entitlement card has been issued under section 84E of the Act; and

                (c)    a reference to a member of the family of a person shall be read as a reference to a person who is a member of that family within the meaning of section 84B of the Act.