NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) 1990 NO. 437 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) 1990 NO. 437 - TABLE OF PROVISIONS 1. Amendment 2. Regulation 5 (Interpretation) 3. Regulation 9B (Pharmaceutical benefits entitlement card) 4. Regulation 9C (Additional entitlement cards) 5. Regulation 9D (Replacement entitlement cards) 6. Regulation 9E (Refusal to issue additional or replacement entitlement cards) 7. Regulation 19A (Matters prescribed for the purposes of subsections 84AA (1) and (2) of the Act) 8. Regulation 26 (Repeat authorisations) 9. Regulation 26A (Deferred supply authorisations) 10. Regulation 31 (Receipts) 1990 No. 437 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) - REG 1 1. Amendment 1.1 The National Health (Pharmaceutical Benefits) Regulations are amended as set out in these Regulations. 1990 No. 437 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) - REG 2 2. Regulation 5 (Interpretation) 2.1 Subregulation 5 (1) (definition of "pensioner benefit prescription"): Omit the definition. 1990 No. 437 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) - REG 3 3. Regulation 9B (Pharmaceutical benefits entitlement card) 3.1 Omit the regulation, substitute: Pharmaceutical benefits entitlement card "9B. (1) For the purposes of paragraph 84E (3) (b) of the Act, the following particulars are prescribed in relation to an application under subsection 84E (1) or (2) of the Act: (a) the full name of the applicant; (b) the residential address of the applicant; (c) the full name of each person who is a member of the applicant's family; (d) the relationship of each person referred to in paragraph (c) to the applicant; (e) the date on which the application is made. "(2) For the purposes of paragraph 84E (3) (b) of the Act, the following documents are prescribed in relation to an application under subsection 84E (1) or (2) of the Act: (a) record forms issued to the applicant or to a member of the applicant's family that: (i) record the value of pharmaceutical benefits supplied to the applicant, or to a member of the applicant's family, during the relevant entitlement period to which the application relates; and (ii) bear a statement signed by the applicant declaring that the pharmaceutical benefits recorded in the forms were so supplied; (b) in respect of any other pharmaceutical benefit so supplied, any document that establishes the value of that pharmaceutical benefit.". 1990 No. 437 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) - REG 4 4. Regulation 9C (Additional entitlement cards) 4.1 Omit the regulation, substitute: Additional entitlement cards "9C. (1) A person whose entitlement card has been lost, stolen, damaged or destroyed may apply for an additional entitlement card to the Secretary. "(2) A person who is a holder of an entitlement card, other than a person referred to in subregulation (1), may apply for an additional entitlement card to: (a) the Secretary; or (b) where the original entitlement card was issued by an approved pharmacist, approved medical practitioner or approved hospital authority - that approved pharmacist, approved medical practitioner or approved hospital authority. "(3) An application under subregulation (1) or (2) for an additional entitlement card must: (a) be in accordance with the form approved by the Secretary; and (b) set out: (i) the full name of the applicant; and (ii) the residential address of the applicant; and (iii) the full name of each person (other than the applicant) who is a member of the family of the original holder of the entitlement card and the relationship of that person to the original holder; and (iv) the number (if known to the applicant) of any other entitlement card held by a member of the family of the original holder of the entitlement card; and (v) if the application is made under subregulation (1) - the number (if known to the applicant) of the entitlement card that the applicant holds; and (c) be signed and dated by the applicant; and (d) be accompanied by the original entitlement card unless the application is made under subregulation (1). "(4) Where, on an application to a person for the issue of an additional entitlement card, the person is satisfied, having regard to: (a) the matters contained in the application; and (b) any other relevant matters; that an additional entitlement card should be issued to the applicant, the person must issue an additional entitlement card to the applicant.". 1990 No. 437 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) - REG 5 5. Regulation 9D (Replacement entitlement cards) 5.1 Omit the regulation, substitute: Replacement entitlement cards "9D. (1) An original holder of a entitlement card may apply for the issue of a replacement card. "(2) An application under subregulation (1) must: (a) be made, in accordance with the form approved by the Secretary, to: (i) the Secretary; or (ii) where the original entitlement card was issued by an approved pharmacist, approved medical practitioner or approved hospital authority - that approved pharmacist, approved medical practitioner or approved hospital authority; and (b) set out: (i) the full name of the applicant; (ii) the residential address of the applicant; and (iii) the full name of any new family member and his or her relationship to the applicant; and (c) be signed and dated by the applicant; and (d) be accompanied by the original entitlement card unless the application is made to the Secretary. "(3) Where, on an application to a person for the issue of a replacement card, the person is satisfied, having regard to: (a) the matters contained in the application; and (b) any other relevant matters; that: (c) the applicant is the original holder of the entitlement card to which the application relates; and (d) each person identified in the application in accordance with subparagraph (2) (b) (iii) became, after the issue of that entitlement card and during the relevant entitlement period in respect of which that card was issued, a member of the original card holder's family; the person must issue a replacement entitlement card to the applicant.". 1990 No. 437 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) - REG 6 6. Regulation 9E (Refusal to issue additional or replacement entitlement cards) 6.1 Omit the regulation, substitute: Refusal to issue additional or replacement entitlement cards "9E. (1) Where an approved pharmacist, approved medical practitioner or approved hospital authority makes: (a) a decision under regulation 9C refusing to issue an additional entitlement card; or (b) a decision under regulation 9D refusing to issue a replacement entitlement card; the applicant may apply to the Secretary under subregulation 9C (2) or regulation 9D for the issue of the additional entitlement card or replacement entitlement card, as the case requires. "(2) Where the Secretary makes: (a) a decision under regulation 9C refusing to issue an additional entitlement card; or (b) a decision under regulation 9D refusing to issue a replacement entitlement card; the Secretary must, by notice in writing, inform the applicant of the making of, and reasons for, the decision. "(3) A notice under subregulation (2) must include a statement to the effect: (a) that an application may be made, subject to the Administrative Appeals Tribunal Act 1975, by or on behalf of a person whose interests are affected by the decision, to the Administrative Appeals Tribunal for review of the decision; and (b) that a person whose interests are affected by the decision may, except where subsection 28 (4) of that Act applies, request a statement under section 28 of that Act. "(4) A failure to comply with subregulation (3) in relation to a decision does not affect the validity of the decision.". 1990 No. 437 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) - REG 7 7. Regulation 19A (Matters prescribed for the purposes of subsections 84AA (1) and (2) of the Act) 7.1 Paragraph 19A (1) (b): Omit the paragraph. 7.2 Paragraph 19A (1) (c): Omit "or of a pensioner". 7.3 Subparagraph 19A (1) (c) (i): Omit "or pensioner, as the case may be". 7.4 Subparagraph 19A (1) (c) (ii): Omit "or pensioner". 7.5 Paragraph 19A (2) (d): Omit the paragraph. 1990 No. 437 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) - REG 8 8. Regulation 26 (Repeat authorisations) 8.1 Paragraph 26 (1) (d): Omit "a pensioner benefit prescription,". 1990 No. 437 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) - REG 9 9. Regulation 26A (Deferred supply authorisations) 9.1 Paragraph 26A (2) (c): Omit "a pensioner benefit prescription,". 1990 No. 437 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) - REG 10 10. Regulation 31 (Receipts) 10.1 Subregulation 31 (1B): Omit ", a pensioner benefit prescription". 10.2 Subregulation 31 (1B): Omit ", a pensioner, a dependant of a pensioner". - NOTES 1990 No. 437*1* NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 21 December 1990. *2* Statutory Rules 1960 No. 17 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 226 and see also Statutory Rules 1990 Nos. 226, 267, 337 and 338.