Commonwealth Numbered Acts

SOCIAL WELFARE LEGISLATION (PHARMACEUTICAL BENEFITS) AMENDMENT ACT 1990 No. 84, 1990 - SECT 9

9. After section 98BA of the Principal Act the following section is inserted:
Tribunal must give effect to certain agreements

"98BAA. (1) Despite anything else contained in this Part, where the Minister
and the Pharmacy Guild of Australia or another pharmacists' organisation that
represents a majority of approved pharmacists have entered into an agreement
in relation to the manner in which the Commonwealth price of all or any
pharmaceutical benefits is to be ascertained for the purpose of payments to
approved pharmacists in respect of the supply by them of pharmaceutical
benefits, the Tribunal, in making a determination under subsection 98B (1)
while the agreement is in force, must give effect to the terms of that
agreement.

"(2) Where:

   (a)  at the time an agreement referred to in subsection (1) is entered
        into, an inquiry under section 98BA is being held or such an inquiry
        has been completed but the Tribunal has not issued a statement under
        subsection 98BD (1); or

   (b)  such an agreement was in force immediately before the commencement of
        this section and at that time such an inquiry was being held or such
        an inquiry had been completed but the Tribunal had not issued a
        statement under subsection 98BD (1); the Tribunal must terminate the
        inquiry or, in a case where the inquiry has been completed but a
        statement has not been so issued, take no further action for the
        purposes of that inquiry.

"(3) Section 98BA does not apply while there is in force an agreement referred
to in subsection (1) except so far as otherwise provided in that agreement.".
Commencement: Day of Royal Assent