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National Health Amendment Act (No. 4) 1976

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NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976
NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976 - SECT. 1. Short title.
NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177 of 1976 An Act to amend the National Health Act 1953. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:- Short title, &c. 1. (1) This Act may be cited as the National Health Amendment Act (No. 4) 1976.*1* (2) The National Health Act 1953*2* is in this Act referred to as the Principal Act. NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976 - SECT. 2. Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation. NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976 - SECT. 3. Heading to Division 1 of Part VII.
3. Before section 83 of the Principal Act the following heading is inserted:- ''Division 1-Preliminary''. NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976 - SECT. 4. Interpretation.
4. Section 84 of the Principal Act is amended by inserting in sub- section (1), after the definition of ''hospital authority'', the following definition:- '' 'Joint Committee' means the Joint Committee on Pharmaceutical Benefits Pricing Arrangements;''. NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976 - SECT. 5. Heading to Division 2 of Part VII.
5. After section 84 of the Principal Act the following heading is inserted:- ''Division 2-Supply of Pharmaceutical Benefits''. NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976 - SECT. 6.
6. After section 98 of the Principal Act the following heading and sections are inserted:- ''Division 3-Payment for Supply of Pharmaceutical Benefits Joint Committee on Pharmaceutical Benefits Pricing Arrangements. ''98A. (1) There is hereby established a committee by the name of the Joint Committee on Pharmaceutical Benefits Pricing Arrangements. ''(2) The Joint Committee shall consist of 9 part-time members, namely:- (a) a Chairman; (b) 4 members nominated by The Pharmacy Guild of Australia; and (c) 4 officers of the Australian Public Service. ''(3) The Chairman of the Joint Committee shall be appointed by the Governor-General and shall be a person who holds office as a Deputy President of the Australian Conciliation and Arbitration Commission. ''(4) The members, other than the Chairman, of the Joint Committee shall be appointed by the Minister. Determinations and reports by Chairman of Joint Committee. ''98B. (1) Subject to sub-sections (4) and (5), the Chairman of the Joint Committee shall, from time to time, whenever requested in writing to do so by the Minister or The Pharmacy Guild of Australia, determine the manner in which the Commonwealth price of all or any pharmaceutical benefits is to be ascertained for the purpose of payments to approved pharmaceutical chemists in respect of the supply by them of pharmaceutical benefits, being a manner that- (a) in the case of a ready-prepared pharmaceutical benefit-takes as a basis- (i) the agreed price to pharmaceutical chemists of the pharmaceutical benefit concerned; or (ii) if the pharmaceutical benefit concerned is a form of a drug or medicinal preparation to which a substance has, or substances have, been added in accordance with a determination in force in sub-section (3) of section 85 relating to that drug or medicinal preparation, the agreed price to pharmaceutical chemists of that form of that drug or medicinal preparation,
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that was applicable on the first day of the month of the year next preceding the month in which the supply occurs; (b) in the case of other pharmaceutical benefits-takes as a basis the basic wholesale price of each ingredient that is applicable on the day on which the supply occurs; and (c) provides for the addition of fees and other amounts specified in, or ascertained in accordance with, the determination. ''(2) In sub-section (1)- 'agreed price to pharmaceutical chemists'- (a) in relation to a pharmaceutical benefit-means the amount that the manufacturer of that benefit and the Minister agree from time to time is to be taken to be, for the purposes of this Part, the appropriate maximum price for sales of that benefit to approved pharmaceutical chemists; and (b) in relation to a form of a drug or medicinal preparation referred to in sub-paragraph (ii) of paragraph (a) of sub-section (1)-means the amount that the manufacturer of that form of that drug or medicinal preparation and the Minister agree from time to time is to be taken to be, for the purposes of this Part, the appropriate maximum price for sales of that form of that drug or medicinal preparation to approved pharmaceutical chemists; 'basic wholesale price', in relation to an ingredient in a pharmaceutical benefit, means the amount that The Pharmacy Guild of Australia and the Minister agree from time to time is to be taken to be, for the purposes of this Part, the appropriate price for sales of that ingredient to approved pharmaceutical chemists; 'ready-prepared pharmaceutical benefit' means a drug or medicinal preparation in respect of which there are in force determinations under sub-section (3) and (6) of section 85. ''(3) Subject to sub-sections (4) and (5), the Chairman of the Joint Committee shall, from time to time, whenever requested in writing to do so by the Minister, make a report to the Minister with respect to the conditions to be determined by the Minister under paragraph (b) of sub- section (1) of section 98C. ''(4) The Chairman of the Joint Committee shall not make a determination under sub-section (1), or a report under sub-section (3), unless the Joint Committee has had an opportunity to consider the matters in respect of which the determination or report, as the case may be, is to be made. ''(5) Where- (a) the Joint Committee has considered a matter in respect of which a determination under sub-section (1), or a report under sub-section (3), is to be made; and (b) the members, excluding the Chairman, of the Joint Committee make a unanimous recommendation to the Chairman in respect of that matter, the determination or report by the Chairman of the Joint Committee in respect of that matter shall be in accordance with that recommendation. ''(6) For the purpose of making a determination or report under this section in respect of a matter where sub-section (5) does not apply, the Chairman of the Joint Committee shall have regard to the deliberations of the Joint Committee with respect to that matter and may inform himself in such other manner as he thinks necessary. ''(7) The Chairman of the Joint Committee shall- (a) upon making a determination under sub-section (1), cause a copy of the determination to be sent to the Minister and to The Pharmacy Guild of Australia; and (b) upon making a report under sub-section (3) in respect of a matter where sub-section (5) does not apply, cause a copy of the report to be sent to each other member of the Committee. Determinations by Minister. ''98C. (1) The Minister may, from time to time, determine- (a) the manner in which the Commonwealth price of all or any pharmaceutical benefits is to be ascertained for the purpose of payments to approved medical practitioners in respect of the supply of pharmaceutical benefits, including any fees or other amounts that are to be taken into account in determining
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that price; and (b) the conditions subject to which payments will be made by the Commonwealth in respect of the supply of pharmaceutical benefits by approved pharmaceutical chemists and approved medical practitioners. ''(2) The Minister may, before making a determination with respect to the conditions referred to in paragraph (b) of sub-section (1), request the Chairman of the Joint Committee to make a report under sub-section (3) of section 98B with respect to the matters in respect of which the determination is to be made. Form, and date of operation, of determinations. ''98D. A determination under section 98B or 98C shall- (a) be in writing; and (b) come into operation, or be deemed to have come into operation, on such date, being a date not earlier than 1 July 1976, as is specified in the determination. Meetings. ''98E. (1) The Joint Committee shall hold such meetings as are necessary for the purposes of this Division. ''(2) The meetings shall be convened by the Chairman of the Joint Committee. ''(3) The Chairman of the Joint Committee shall preside at all meetings. ''(4) The presence of 9 members of the Joint Committee is necessary to constitute a meeting. ''(5) The procedure of the Joint Committee shall be as determined by the Chairman.''. NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976 - SECT. 7. Payment for supply of benefits.
7. Section 99 of the Principal Act is amended- (a) by omitting sub-section (1) and substituting the following sub-section:- ''(1) In this section, 'Commonwealth price'- (a) in relation to a pharmaceutical benefit supplied by an approved pharmaceutical chemist-means the Commonwealth price ascertained in accordance with a determination in force under sub- section (1) of section 98B; and (b) in relation to a pharmaceutical benefit supplied by an approved medical practitioner-means the Commonwealth price ascertained in accordance with a determination in force under sub-section (1) of section 98C.''; (b) by omitting from sub-section (2) the words ''under the last preceding sub-section'' and substituting the words ''under section 98C''; (c) by omitting paragraph (a) of sub-section (2A) and substituting the following paragraphs:- ''(a) the pharmaceutical benefit was supplied by an approved pharmaceutical chemist or an approved medical practitioner otherwise than as referred to in paragraph (b) and the Commonwealth price of the pharmaceutical benefit does not, at the time of the supply, exceed the prescribed maximum amount; ''(aa) the pharmaceutical benefit was supplied by an approved hospital authority and the amount that would have been the Commonwealth price of the pharmaceutical benefit if it had been supplied by an approved pharmaceutical chemist does not, at the time of the supply, exceed the prescribed maximum amount; or''; and (d) by inserting in paragraph (b) of sub-section (2A), after the word ''supplied'' (first occurring), the words ''by an approved pharmaceutical chemist or an approved medical practitioner''. NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976 - SECT. 8.
8. After section 99 of the Principal Act the following Division is inserted:- ''Division 4-Provisions relating to Members of the Joint Committee Term of office. ''99A. Subject to this Part- (a) the Chairman of the Joint Committee holds office for such period, being
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not less than 3 years, as the Governor-General specifies in the instrument of his appointment, but is eligible for reappointment; and (b) the other members of the Joint Committee hold office during the pleasure of the Minister. Remuneration and allowances. ''99B. (1) The Chairman of the Joint Committee shall not be paid remuneration or allowances in his capacity as Chairman of that Committee, but, for the purpose of the payment of travelling expenses to him, his duties as Deputy President of the Australian Conciliation and Arbitration Commission shall be deemed to include his duties as Chairman of that Committee. ''(2) A member of the Joint Committee nominated by The Pharmacy Guild of Australia shall be paid by the Commonwealth such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed. ''(3) A member of the Joint Committee nominated by The Pharmacy Guild of Australia shall be paid by the Commonwealth such allowances as are prescribed. ''(4) Sub-sections (2) and (3) have effect subject to the Remuneration Tribunals Act 1973. Acting Chairman. ''99C. (1) The Governor-General may appoint a person who holds office as a Deputy President of the Australian Conciliation and Arbitration Commission to act as Chairman of the Joint Committee- (a) during a vacancy in the office of Chairman; or (b) during any period, or during all periods, when the Chairman is absent from duty or from Australia or is, for any reason, unable to perform the functions of his office, but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. ''(2) The Governor-General may, at any time, terminate an appointment under sub-section (1). ''(3) The appointment of a person under sub-section (1) ceases to have effect if- (a) he resigns the appointment by writing under his hand delivered to the Governor-General; or (b) he ceases to hold office as a Deputy President of the Australian Conciliation and Arbitration Commission. ''(4) Where a person has been appointed under sub-section (1) to act as Chairman of the Joint Committee during the absence or unavailability of the Chairman, the Governor-General may, by reason of the pending consideration of a matter by the Joint Committee or other special circumstances, direct that the person so appointed shall, subject to this Part, continue to act under the appointment after the Chairman ceases to be absent or unavailable until the Governor-General terminates the appointment, but a person shall not continue to act by virtue of this sub-section for more than 12 months after the Chairman ceases to be absent or unavailable. ''(5) Where a person is acting, in accordance with an appointment under sub-section (1), as Chairman of the Joint Committee during the absence or unavailability of the Chairman and the Chairman ceases to hold office without having resumed duty or become available to perform duties of his office, the person may, subject to this Part, continue so to act until the Governor-General terminates the appointment or until the expiration of 12 months from the day on which the Chairman ceases to hold office, whichever first happens. ''(6) A person acting as the Chairman of the Joint Committee in accordance with an appointment under sub-section (1) has all the powers and duties, and shall perform all the functions, conferred or imposed by this Part on the Chairman of the Joint Committee and, for the purpose of the exercise of those powers or duties, or the performance of those functions, this Part has effect as if a reference to the Chairman of the Joint Committee included a reference to a person so acting. ''(7) The validity of anything done by a person appointed under sub-section (1) shall not be called in question on the ground that the occasion for his acting as the Chairman of the Joint Committee had not arisen or had ceased. Acting members.
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''99D. (1) Subject to sub-section (2), the Minister may appoint a person to act in the place of a member, other than the Chairman, of the Joint Committee during any period, or during all periods, when the member is absent from duty or from Australia or is, for any reason, unable to perform the functions of his office. ''(2) An appointment of a person under sub-section (1) to act in the place of a member nominated by The Pharmacy Guild of Australia shall not be made unless the person is nominated by The Pharmacy Guild of Australia. ''(3) The Minister may determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed by him under sub-section (1) on the nomination of The Pharmacy Guild of Australia. ''(4) The Minister- (a) may, at any time, terminate the appointment of a person under sub-section (1); and (b) shall terminate the appointment under that sub-section of a person nominated by The Pharmacy Guild of Australia if the termination of that appointment is recommended to him by The Pharmacy Guild of Australia. ''(5) The appointment of a person under sub-section (1) ceases to have effect if he resigns the appointment by writing under his hand delivered to the Minister. ''(6) At any time when a person is acting as a member, he has, and may exercise, all the powers and shall perform all the functions of a member and he shall be deemed to be a member for the purposes of section 98E. ''(7) The validity of anything done by a person appointed under sub-section (1) shall not be called in question on the ground that the occasion for his acting as a member had not arisen or had ceased. Effect of appointment of person as Chairman or Acting Chairman. ''99E. Where a Deputy President of the Australian Conciliation and Arbitration Commission has, during any period, served as the Chairman, or as acting Chairman, of the Joint Committee, then, for the purposes of the Conciliation and Arbitration Act 1904 or any other Act, he shall not be taken, by reason of his having so served, not to have been serving during that period as a Deputy President of that Commission. Resignation. ''99F. (1) The Chairman of the Joint Committee may resign his office by writing under his hand delivered to the Governor-General. ''(2) A member, other than the Chairman, of the Joint Committee may resign his office by writing under his hand delivered to the Minister. Vacation of office of Chairman. ''99G. The Chairman of the Joint Committee ceases to hold office as the Chairman of that Committee if he ceases to hold office as a Deputy President of the Australian Conciliation and Arbitration Commission. Termination of office of nominated member. ''99H. Where The Pharmacy Guild of Australia recommends to the Minister that the appointment of a member of the Joint Committee nominated by it be terminated, the Minister shall terminate the appointment of that member.''. NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976 - SECT. 9. Heading to Division 5 of Part VII.
9. Before section 100 of the Principal Act the following heading is inserted:- ''Division 5-General''. NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976 - SECT. 10. Saving.
10. Notwithstanding the amendments of the Principal Act made by this Act, a determination by the Minister in force under sub-section 99 (1) of the Principal Act immediately before the date of commencement of this Act continues in force on and after that date- (a) to the extent that it is a determination of the rates by reference to which, and the manner in which, the Commonwealth price of all or any pharmaceutical benefits is to be ascertained for the purpose of the making of payments to approved pharmaceutical chemists in respect of the supply by them of those pharmaceutical benefits-as if it had been made by the Chairman of the Joint Committee under sub-section 98B (1) of the Principal Act as amended by this Act; and (b) to the extent that it is a determination of other matters-as if it had been made by the Minister under sub-section 98C (1) of the Principal Act as amended by this Act. ------------------------------------------------------------------------------ -- NATIONAL HEALTH AMENDMENT ACT (No. 4) 1976 No. 177, 1976 - NOTES
NOTES 1. Act No. 177, 1976; assented to 13 December 1976. 2. Act No. 95, 1953, as amended. For previous amendments see Act No. 68, 1955; Nos. 55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No. 82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966; Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85, 1971; No. 114, 1972; Nos. 49 and 202, 1973; No. 37, 1974; Nos. 1, 13 and 93, 1975; and Nos. 1, 60, 91, 99 and 108, 1976.