Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 84AAA

  (1)   A supply of a pharmaceutical benefit to a person is an early supply of a specified pharmaceutical benefit if:

  (a)   the pharmaceutical item in the pharmaceutical benefit is specified in an instrument under subsection   (2); and

  (b)   the supply of the pharmaceutical benefit is made within the period specified in an instrument under subsection   (2) following a previous supply to the person of:

  (i)   the pharmaceutical benefit; or

  (ii)   another pharmaceutical benefit that has the same pharmaceutical item as the pharmaceutical benefit; or

  (iii)   another pharmaceutical benefit that is Schedule equivalent to the pharmaceutical benefit; and

  (c)   the supply does not result from a prescription originating from a hospital.

Note:   For hospital see subsection   4(1).

  (2)   The Minister may, by legislative instrument, specify:

  (a)   pharmaceutical items for the purposes of paragraph   (1)(a); and

  (b)   periods following previous supply for the purposes of paragraph   (1)(b).

  (3)   A pharmaceutical item may be specified in an instrument under subsection   (2) by reference to:

  (a)   the circumstances in which a pharmaceutical benefit that has the pharmaceutical item is supplied; or

  (b)   any other circumstances in relation to a pharmaceutical benefit that has the pharmaceutical item.

  (4)   In this section, a reference to a pharmaceutical benefit includes a reference to a repatriation pharmaceutical benefit.