Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 369

STATUTORY RULES 2000 No. 369

Issued by Authority of the Minister for Health and Aged Care

National Health Act 1953

National Health (Pharmaceutical Benefits) Amendment Regulations 2000 (No. 1)

Section 140 of the National Health Act 1953 ("the Act") provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 100B(1A) of the Act provides that a person appointed under subsection 100A(3) of the Act as a member of the Pharmaceutical Benefits Advisory Committee ("the Committee") must be appointed from nominations made by bodies prescribed by the regulations for the purposes of the subsection. Eight of the twelve members of the Committee are to be appointed under subsection 100A(3).

Subsection 100B(1B) of the Act provides that the regulations may prescribe matters relating to nominations, including (but not limited to) the number of nominations to be considered by the Minister before making an appointment.

The National Health (Pharmaceutical Benefits) Regulations 1960 have been amended to prescribe the bodies that may nominate persons for selection for appointment as members of the Committee, to prescribe matters relating to nominations, and to make some other amendments as a consequence of the passage of the National Health Amendment (Improved Monitoring of Entitlements to Pharmaceutical Benefits) Act 2000.

The Regulations prescribe a number of consumer organisations and professional associations, to facilitate the nomination of a broad spectrum of persons of appropriate experience and expertise. The Regulations also provide that each of these bodies must be asked to nominate, at least three persons.

Details of the Regulations are in the Attachment.

The Regulations commenced on the date of commencement of Schedule 2 to the National Health Amendment (Improved Monitoring of Entitlements to Pharmaceutical Benefits) Act 2000, namely 1 January 2001.

ATTACHMENT

Regulation 1 of the amending regulations provides that the name of the amending regulations is the National Health (Pharmaceutical Benefits) Amendment Regulations 2000 (No. 1).

Regulation 2 of the amending regulations provides that the amending regulations will commence on the commencement of Schedule 2 to the National Health Amendment (Improved Monitoring of Entitlements to Pharmaceutical Benefits) Act 2000.

Regulation 3 of the amending regulations provides that the National Health (Pharmaceutical Benefits) Regulations 1960 will be amended as set out in Schedule 1.

Item 1 of the Schedule amends the definition of "Committee" as a consequence of an amendment to the Act whereby it is now established under section 100A of the Act.

Item 2 of the Schedule inserts new regulations 38A and 38B. Regulation 38A prescribes the bodies that may make nominations from which the Minister will select members of the Committee under subsection 100A(3) of the Act. It sets out the names of the bodies relating to each of the groups specified in paragraphs 100A(3)(a) to (f) of the Act. Regulation 38B provides that each of the bodies prescribed in regulation 38A is to be asked to nominate at least 3 persons for selection.

Item 3 of the Schedule omits the previous regulation 40 and substitutes a new regulation 40 providing that the Chairperson of the Committee may resign as Chairperson, and that members of the Committee may resign, by notice in writing given to the Minister. The amendment takes account of the fact that all members of the Committee are now appointed by the Minister.

Item 4 of the Schedule omits regulation 48 as a consequence of amendments to the Act. Provisions governing the remuneration of members of the Committee are now included in section 100D of the Act.