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NATIONAL HEALTH ACT 1953 - SECT 85AAA

Pharmaceutical benefits that can only be supplied under the prescriber bag provisions

  (1)   If the Minister makes a declaration under subsection   85(2AA) in relation to a drug or medicinal preparation (the drug ) declaring that the drug can only be supplied under one or more of the prescriber bag provisions, then every pharmaceutical benefit that has that drug can only be supplied under this Part under that provision or those provisions.

  (2)   If the Minister makes a determination under subsection   85(7A) that a particular pharmaceutical benefit can only be supplied under one or more of the prescriber bag provisions, then that pharmaceutical benefit can only be supplied under this Part under that provision or those provisions.

  (3)   Despite subsections   (1) and (2), if:

  (a)   the Minister makes a declaration under subsection   85(2AA) declaring that a drug or medicinal preparation (the drug ) can only be supplied under one or more (but not all) of the prescriber bag provisions (the drug prescriber bag provision ); and

  (b)   the Minister makes a determination under subsection   85(7A) determining that a pharmaceutical benefit that has the drug can only be supplied under a different prescriber bag provision or different prescriber bag provisions (the pharmaceutical benefit prescriber bag provision );

then the pharmaceutical benefit can only be supplied under this Part under the drug prescriber bag provision and the pharmaceutical benefit prescriber bag provision.


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