Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) AMENDMENT REGULATION 2012 (NO. 5) (SLI NO 299 OF 2012)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 299

 

National Health Act 1953

 

National Health (Pharmaceutical Benefits) Amendment Regulation 2012 (No. 5)

 

Section 140 of the National Health Act 1953 (the Act) provides, in part, 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.  In particular, this includes prescribing the fees and allowances payable to members of a committee established under the Act, other than members who are officers of the Public Service of the Commonwealth or of a state.

 

The Pharmaceutical Benefits Advisory Committee (PBAC) is established under section 100A of the Act.  Its primary role is to make recommendations and give advice to the Minister for Health in relation to drugs and medicinal preparations seeking to be subsidised under the Pharmaceutical Benefits Scheme (PBS), and about drugs already listed on the PBS.

 

Section 101A of the Act provides that PBAC may establish sub-committees to assist it in performing its functions.  The Drug Utilisation Sub-Committee (DUSC) and

Economic Sub-Committee (ESC) are sub-committees of the PBAC which are established in accordance with section 101A of the Act.  DUSC and ESC undertake evaluation and analysis work to support PBAC's deliberations.  Subsection 101A(4) provides that sub-committees established under section 101A (i.e. DUSC and ESC) are "committees" for the purposes of section 140 and therefore are subject to regulations made under the Act.

 

Regulation 48 of the National Health (Pharmaceutical Benefits) Regulations 1960 (the Principal Regulations) sets the fees and allowances payable to the chair and members of DUSC and ESC as the amounts that are payable to the chair and members of professional committees under Schedule B to the Remuneration Tribunal Determination 2010/11: Remuneration and Allowances for Holders of Part-Time Public Office.

 

The purpose of the regulation is to update the Principal Regulations to reflect a more recent Remuneration Tribunal determination.  The regulation ensures payment of PBAC sub-committee members of DUSC and ESC, is consistent with the Remuneration Tribunal Determination 2012/13: Remuneration and Allowances for Holders of Part-Time Public Office.

 

The Act specifies no conditions that need to be satisfied before the power to make the regulation may be exercised.

 

The regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Regulation 48 of the National Health (Pharmaceutical Benefits) Regulations 1960 sets the fees and allowances payable to the chair and members of the Drug Utilisation Sub-Committee (DUSC) and Economics Sub-Committee (ESC) to the amounts that are payable to the chair and members of professional committees under Schedule B to the Remuneration Tribunal Determination: Remuneration and Allowances for Holders of Part-Time Public Office (the Determination).  A minor amendment to Regulation 48 updates the title of the Determination from 'Remuneration Tribunal Determination 2010/11' to 'Remuneration Tribunal Determination 2012/13'.  As the conditions of payment do not change following the amendment, and the payments to the chair and members of the respective committees increase marginally under the 2012/13 Determination, consultation with members of the ESC and DUSC was not necessary.

 

                                                                                      Authority:  Section 140 of the
                                                                                                         National Health Act 1953 

 

 

Text Box: Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 National Health (Pharmaceutical Benefits) Amendment Regulation 2012 (No. 5) This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the Legislative Instrument The purpose of the Instrument is to amend Regulation 48 of The National Health (Pharmaceutical Benefits) Regulations 1960 to update the remuneration of members of the Pharmaceutical Advisory Committee (PBAC) sub-committees (the Economics Sub-Committee and Drug Utilisation Sub-Committee) to the latest Remuneration Tribunal Determination (2012/13). Human rights implications This Legislative Instrument does not engage any of the applicable rights or freedoms. Conclusion This Legislative Instrument is compatible with human rights as it does not raise any human rights issues. Tanya Plibersek Minister for Health  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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