Commonwealth Consolidated Acts

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NATIONAL HEALTH ACT 1953 - SECT 85E

Minister may enter into deeds with responsible persons

Making deeds

  (1)   The Minister may, on behalf of the Commonwealth, enter into a deed with a person who is, or seeks to be, determined by the Minister under section   84AF to be the responsible person for a brand of a pharmaceutical item.

  (2)   The deed must relate to one or more of the following:

  (a)   one or more pharmaceutical items;

  (b)   pharmaceutical benefits within the meaning of:

  (i)   this Act; or

  (ii)   the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 ; or

  (iii)   the Military Rehabilitation and Compensation Act 2004 ; or

  (iiia)   the Treatment Benefits (Special Access) Act 2019 ; or

  (iv)   Part   VA of the Veterans' Entitlements Act 1986 .

  (3)   Without limiting subsection   (2), the deed may make provision for one or more of the following:

  (a)   reimbursing the Commonwealth in relation to the provision of pharmaceutical benefits in circumstances set out in the deed;

  (b)   providing the Commonwealth with information in relation to pharmaceutical benefits.

Existing deeds to be covered by this section

  (4)   A deed of a kind covered by subsections   (1) to (3) entered into by the Minister or another person on behalf of the Commonwealth before the commencement of this section has effect as if, when it was made, it was made by the Minister under this section.


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