Commonwealth: National Health Act 1953 (Cth)

National Health Act 1953 No. 95, 1953 Compilation No. 149 Compilation date: 15 February 2025 Includes amendments: Act No. 8, 2025 About this compilation This compilation This is a compilation of the National Health Act 1953 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 4 Interpretation 6 Delegation 6A External Territories 7A Application of the Criminal Code Part II—National health services 8 Interpretation 9 Provision of certain medical and dental services 9A Provision of medical and surgical aids and appliances etc. by the Commonwealth 9B Provision of vaccines 9C Arrangements with States for provision of surgical aids and appliances etc. 10 Arrangements with other Ministers 11 Arrangements with States Part III—Continence Aids Payment Scheme 12 Continence Aids Payment Scheme 13 Secretary or Chief Executive Medicare may request information 14 Reviewing decision whether applicant is eligible for the scheme 15 Reviewing decision whether participant is eligible for the scheme Part VII—Pharmaceutical benefits Division 1—Preliminary 83Z Repeal and saving 84 Interpretation 84AAA Early supply of a specified pharmaceutical benefit 84AA Concessional benefit prescriptions, concession card prescriptions and entitlement card prescriptions 84A Participating dental practitioners 84AAB Authorised optometrists 84AAC Secretary may suspend or revoke approval of authorised optometrist 84AAD Review of decisions relating to authorised optometrists 84AAE Meaning of eligible midwife 84AAF Authorised midwives 84AAG Secretary may suspend or revoke approval of authorised midwife 84AAH Review of decisions relating to authorised midwives 84AAI Meaning of eligible nurse practitioner 84AAJ Authorised nurse practitioners 84AAK Secretary may suspend or revoke approval of authorised nurse practitioner 84AAL Review of decisions relating to authorised nurse practitioners 84AB Pharmaceutical items 84ABA References to pharmaceutical items, combination items or pharmaceutical benefits having a drug 84AC When listed drug is on F1 or F2 84AE Co‑marketed brands 84AF Responsible person for a brand of a pharmaceutical item 84AG Therapeutic groups 84AH Exempt items 84AI Rounding amounts 84AJ When pharmaceutical benefits are Schedule equivalent 84AK Quantities of pharmaceutical items Division 1A—Safety net concession cards and pharmaceutical benefits entitlement cards 84B Family relationships 84BA Supplies of out‑patient medication 84C Eligibility for concession and entitlement cards 84CA Transferred value 84D Pharmaceutical benefits prescription record forms etc. 84DA Issue of safety net concession card 84E Issue of pharmaceutical benefits entitlement card 84F Form of cards 84G Persons covered by card 84H Additional and replacement cards 84HA Fee to approved pharmacist etc. for issuing card 84J Period of effect of card 84K Return of card 84L Offences Division 2—Supply of pharmaceutical benefits 85 Pharmaceutical benefits 85AAA Pharmaceutical benefits that can only be supplied under the prescriber bag provisions 85AA Pharmaceutical benefits that can only be supplied under special arrangements 85A Determinations of forms of pharmaceutical benefits or pharmaceutical items with respect to classes of persons 85AB Minister may determine that a listed drug is on F1 or F2 85AD Price agreements 85B Price determinations and special patient contributions 85BA Effect of deemed reductions of, or increases to, approved ex‑manufacturer price 85C Each brand of a pharmaceutical item is to have the same approved ex‑manufacturer price 85D Proportional ex‑manufacturer price 85E Minister may enter into deeds with responsible persons 86 Entitlement to receive pharmaceutical benefits 86A Pharmaceutical benefits not to be supplied in respect of persons reasonably believed not to be in Australia 86B Approved supplier may request provision of medicare number 86C On and after 1 January 2001 approved supplier must request provision of medicare number in certain circumstances 86D Power of approved suppliers to record and retain medicare numbers and expiry dates 86E Minister may determine certain persons to be special evidentiary categories 87 Limited charges for pharmaceutical benefits 87AA Meaning of eligible for increased discounting 87A Entitlement to refund in certain circumstances 88 Prescribing of pharmaceutical benefits 88AA Power of PBS prescribers to record and retain medicare numbers and expiry dates 88A Prescription of certain pharmaceutical benefits authorised only in certain circumstances 89 Pharmaceutical benefits to be supplied only on prescription etc. 89A When pharmaceutical benefits may be supplied by approved pharmacists without prescription 90 Approved pharmacists 90A Minister may substitute decision approving pharmacist 90B Request to Minister to approve pharmacist 90C Circumstances in which request may not be made 90D Provision of further information 90E Effect of decision by Minister to approve pharmacist 91 Application to supply pharmaceutical benefits following the death of approved pharmacist 91A Application to supply pharmaceutical benefits at alternative premises because of disaster or exceptional circumstances 91B Application to supply pharmaceutical benefits if approved pharmacist is bankrupt or external administrator in relation to pharmacy 92 Approved medical practitioners 92A Approvals to be subject to conditions 92B Persons not to enter into certain refund agreements 93 Prescriber bag supplies—medical practitioners 93AA Prescriber bag supplies—authorised midwives 93AB Prescriber bag supplies—authorised nurse practitioners 93A Supply of certain pharmaceutical benefits to patients in private hospitals or aged care facilities 94 Approved hospital authorities 95 Suspension or revocation of approval 98 Cancellation by Secretary of approval of pharmacists etc. 98AA Cancellation by Minister of approval of hospital 98AB Notification by Department of alterations to pharmaceutical benefits scheme 98AC Information about supplies Division 3—Payment for supply of pharmaceutical benefits Subdivision A—Preliminary 98AD What this Division is about Subdivision B—Determination of Commonwealth price and Commonwealth payments 98A Establishment of Pharmaceutical Benefits Remuneration Tribunal 98B Functions of Tribunal 98BA Inquiries by Tribunal 98BAA Tribunal must give effect to certain agreements 98BB Constitution of Tribunal 98BC Procedure of Tribunal 98BD Findings etc. of Tribunal to be made public 98BE Date of operation of determination of the Tribunal 98C Determinations by Minister 98E Secrecy Subdivision C—Payments for the supply of pharmaceutical benefits 99 Payment for supply of benefits—general 99AAAA Additional payment for ACSS eligible supplies 99AAAB Conditions on payments 99AAA Claim for payment relating to supply of benefits 99AAB Certain suppliers exempted from requirement to use the Claims Transmission System 99AAC Declaration by Secretary exempting approved supplier from using Claims Transmission System Division 3AA—Recovery of payments for the supply of pharmaceutical benefits 99AA Unauthorised payments etc. 99AB Advances 99ABA Recovery of amounts for false or misleading information 99ABB Notice to produce documents 99ABC Notice of decision to claim amounts as debts 99ABD Review of decisions to claim amounts as debts 99ABE Liability for administrative penalty 99ABF Amount of administrative penalty 99ABG Notice of administrative penalty and review of assessments 99ABH Power to obtain information relating to a debt 99ABI Amounts recoverable once only 99ABJ Garnishee notices 99ABK Failure to comply with garnishee notice 99ABL Recoverable amounts may be set off Division 3A—Price reductions Subdivision A—Preliminary 99AC What this Division is about 99ACA Definitions etc. Subdivision B—First new brand price reductions for brands of pharmaceutical items that are not combination items 99ACB First new brand price reductions for brands of pharmaceutical items that are not combination items 99ACBA Ministerial determination—brand of pharmaceutical item that is not a combination item is not a new brand Subdivision C—Price reductions for combination items 99ACC Price reductions for single brands of combination items 99ACD First new brand price reductions for brands of combination items 99ACEA Ministerial determination—brand of pharmaceutical item that is a combination item is not a new brand Subdivision D—Other statutory price reductions 99ACF Statutory price reductions 99ACG Other price reductions do not apply if a price disclosure reduction has applied 99ACHA 5% statutory price reduction for drugs on F1—fifth anniversary 99ACHB 5% statutory price reduction for drugs on F1—fifth anniversary 99ACJ 10% statutory price reduction for drugs on F1—tenth anniversary 99ACJA 5% statutory price reduction for drugs on F1—tenth anniversary 99ACK 5% statutory price reduction for drugs on F1—15th anniversary 99ACKA 26.1% statutory price reduction for certain drugs—15th anniversary 99ACKB 30% statutory price reduction for certain drugs—15th anniversary 99ACL Special rule—statutory price reduction for drugs on F1 99ACM 5% statutory price reduction for drugs on F1—tenth anniversary 99ACN Catch‑up price reduction for certain drugs—15th anniversary 99ACNA Catch‑up price reduction for certain drugs—meaning of previous price reduction under this Division 99ACP 1.48% statutory price reduction for certain drugs—15th anniversary Subdivision E—Flow‑on of first new brand price reductions to existing brands and related brands 99ACQ Flow‑on of price reductions to existing brands of the same pharmaceutical item 99ACR Flow‑on of first new brand price reductions to related brands Division 3B—Price disclosure Subdivision A—Preliminary 99AD What this Division is about 99ADA Division does not apply to exempt items 99ADB Definitions etc. 99ADBA Meaning of data collection period Subdivision B—Price disclosure requirements 99ADC The price disclosure requirements 99ADD When the price disclosure requirements apply Subdivision D—Consequences for failing to comply with the price disclosure requirements 99ADF Offence for failing to comply with the price disclosure requirements 99ADG Other consequences for failing to comply with the price disclosure requirements Subdivision E—Price reduction 99ADH Price reduction based on information provided under the price disclosure requirements 99ADHA Price reduction for brands listing after end of data collection period 99ADHB Flow on price reductions for brands of combination items Division 3BA—Floor price of a brand of a pharmaceutical item 99ADHC Floor price of a brand of a pharmaceutical item 99ADHD Meaning of previous data collection period Division 3C—Guarantee of supply Subdivision A—Preliminary 99AE What this Division is about 99AEA Definitions Subdivision B—Guarantee of supply 99AEB Guarantee of supply Subdivision C—Brands that are guaranteed brands 99AEC Guaranteed brand: new brand 99AED Guaranteed brand: first brand to offer a lower price Subdivision D—Meaning of fails to supply and unable to supply 99AEE Meaning of fails to supply 99AEF Meaning of unable to supply Subdivision E—Requirement to notify Minister of failure or inability to supply etc. 99AEG Requirement to notify Minister of failure to supply etc. Subdivision F—Consequences for guaranteed brands of failure or inability to supply 99AEH Minister's powers if responsible person fails to supply, or is unable to supply, guaranteed brand Subdivision G—Consequences for other brands 99AEI Minister may increase approved ex‑manufacturer price if guaranteed brand delisted 99AEJ Minister may determine drug is on F1 if guaranteed brand delisted 99AEK Minister may revoke or vary formulary determination if guaranteed brand delisted Division 3CAA—Minimum stockholding requirement 99AEKA Brands subject to the minimum stockholding requirement 99AEKB Minimum stockholding requirement 99AEKC Applicable quantity of a brand of a pharmaceutical item 99AEKD Minister to be notified of breach of minimum stockholding requirements 99AEKE Minister's power if responsible person breaches minimum stockholding requirement 99AEKF Stockholding disclosure requirements Division 3CA—Discounts and incentives 99AEL Minister's powers if responsible person offers discounts or incentives for certain brands of pharmaceutical items Division 4—Provisions relating to members of the Pharmaceutical Benefits Remuneration Tribunal 99A Terms and conditions of appointment 99B Remuneration and allowances 99C Resignation and removal from office 99D Acting Chairperson 99E Acting additional member Division 4A—Indexation etc. Subdivision A—Preliminary 99F Definitions Subdivision B—Indexation 99G Indexation Subdivision C—Reduction of allowable discounts 99GA Definitions 99GB Supplies to which this Subdivision applies 99GC Reduction of allowable discount relating to the general patient charge 99GD Reduction of allowable discounts relating to the general patient reduced charge and concessional beneficiary charge 99GE Effect of reduction in allowable discount Division 4B—Australian Community Pharmacy Authority 99H Interpretation 99J Establishment of Authority 99K Functions 99L Determination of rules by Minister 99M Powers 99N Membership 99P Terms and conditions not provided for by this Act 99Q Defective appointment not invalid 99R Remuneration and allowances 99S Leave of absence 99T Disclosure of interests 99U Resignation 99V Termination of appointment 99W Meetings 99X Committees Division 4C—Cost recovery Subdivision A—Preliminary 99YB What this Division is about Subdivision B—Payment of fees etc. for certain services 99YBA Payment of fees etc. for certain services Subdivision C—Consequences if fees not paid 99YBB Minister may refuse to exercise certain powers if prescribed fees not paid Subdivision D—Review of cost‑recovery measures 99YBC Review of impact of cost‑recovery measures Division 4D—Export restriction 99ZH Definitions 99ZI Restrictions on carriage or consignment of drug like substances 99ZJ Detention of certain drug like substances being carried out of Australia and retention of related documents 99ZK Detention of certain drug like substances consigned for export and retention of related documents 99ZL Examination and inspection powers 99ZM Detention of some drug like substances and not others 99ZN Treatment of detained substances and retained documents 99ZO Treatment by the Chief Executive Medicare of detained substances and retained documents 99ZP Right of compensation in certain circumstances for substances destroyed 99ZQ Disposal of forfeited substances 99ZR Liability for acts done in good faith 99ZS Guidelines for detention of, dealing with, and disposal of, substances 99ZT Forfeiture of substances detained under section 99ZJ or 99ZK Division 5—General 100 Special arrangements 100A Establishment and membership of the Pharmaceutical Benefits Advisory Committee 100B Appointment etc. of members of the Pharmaceutical Benefits Advisory Committee 100C Termination of appointment 100D Remuneration 101 Functions of Pharmaceutical Benefits Advisory Committee 101A Sub‑committees of the Pharmaceutical Benefits Advisory Committee 101B Use of computer programs to take administrative action 102 Testing of drugs 103 Offences 104A Pharmacists to furnish statement of stocks 104B Transitional—price increases on 1 October 2022 105 Regulations Part VIIA—Reviews by Administrative Review Tribunal 105AA Interpretation 105AB Application for review by Tribunal 105AC Statements to accompany notification of decisions 105AD Application for review by Tribunal of decisions of the Australian Community Pharmacy Authority 105AE Time limits Part VIII—Committees of Inquiry Division 1—Preliminary 107 Interpretation Division 3—Pharmaceutical Services Committees of Inquiry 113 Pharmaceutical Services Federal Committee of Inquiry 114 Functions of Federal Committee 115 Pharmaceutical Services State Committees of Inquiry 116 Functions of State Committee 117 Reports not to relate to conduct of PBS prescribers Division 4—Provisions applicable to Committees generally 118 Interpretation 119 Membership of Committees 119A Acting Member 120 Chairperson 120A Vacancies in Committees 121 Procedure of Committees 122 Evidence 123 Proceedings in private 124 Determination of questions at meetings 125 PBS prescriber or pharmacist affected by inquiry to be given notice 126 Summoning of witnesses 127 Committee may examine upon oath or affirmation 128 Failure to attend or produce documents 129 Refusal to be sworn or give evidence 130 Protection of witnesses 131 Allowances to witnesses 132 Protection of members Part VIIIA—Data‑matching 132A Definitions 132AB Meaning of permitted purpose 132B Data‑matching by the Chief Executive Medicare 132C Secretary may disclose therapeutic goods information to the Chief Executive Medicare 132D Private health insurer may disclose information about hospital or general treatment to the Chief Executive Medicare 132E Breach of provision of this Part is an interference with privacy 132F Data‑matching principles Part VIIIB—COVID‑19 vaccines and treatments 132G Provision of COVID‑19 vaccines and treatments Part IX—Miscellaneous 133 Effect of prosecution for offence 133A Territories 134 Effect of suspension or cancellation of approval or authority 134A Publication of particulars of certain action taken under this Act 134B Time for commencing prosecutions 134C Defence in certain prosecutions 134D Civil penalty provisions 134E Obligations not affected by State or Territory laws 134F Conduct by directors, employees or agents 135 Right of Commonwealth officers to practise 135A Officers to observe secrecy 135AAA Prescribers and approved suppliers must observe secrecy in relation to medicare numbers and expiry dates provided for pharmaceutical benefit scheme purposes 135AA Privacy rules 135AB Breaches of the privacy rules 135AC Authorisation of collection of particular health information 135B Prosecution of offences 136 Committees 136A Filling of vacancies on committees 137 Moneys from which payments under this Act are to be made 138 Exercise of Secretary's powers subject to directions of Minister 138A Telephone access to offices 139 Judicial notice of signature of Secretary 139A Evidence 139C Information with respect to concessional beneficiaries 140 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the provision of pharmaceutical, sickness and hospital benefits, and of medical and dental services Part I—Preliminary 1 Short title This Act may be cited as the National Health Act 1953. 2 Commencement (1) Parts I and II shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on such dates as are respectively fixed by Proclamation. 4 Interpretation (1) In this Act, unless the contrary intention appears: Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973. civil penalty provision has the same meaning as in the Regulatory Powers Act. Committee of Inquiry means a Committee of Inquiry established under Part VIII. complying health insurance policy has the meaning given by section 63‑10 of the Private Health Insurance Act 2007. de facto partner of a person means: (a) another person (whether of the same sex or a different sex) with whom the person has a relationship that is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; or (b) another person (whether of the same sex or a different sex) who is living with the person on a genuine domestic basis although not legally married to the person. designated vaccine has the meaning given by subsection 9B(2). Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. friendly society means: (a) a body that is a friendly society for the purposes of the Life Insurance Act 1995; or (b) a body that is registered or incorporated as a friendly society under a law of a State or Territory; or (c) a body that is permitted, by a law of a State or Territory, to assume or use the expression friendly society; or (d) a body that, immediately before the date that is the transfer date for the purposes of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, was registered or incorporated as a friendly society under a law of a State or Territory. hospital has the meaning given by subsection 121‑5(5) of the Private Health Insurance Act 2007. hospital‑substitute treatment has the same meaning as in the Private Health Insurance Act 2007. hospital treatment has the meaning given by section 121‑5 of the Private Health Insurance Act 2007. Human Services Minister means the Minister administering the Human Services (Medicare) Act 1973. medicare program has the same meaning as in the Human Services (Medicare) Act 1973. midwife means a person who is registered as a midwife, or authorised (however described) to practise midwifery, by or under a law of a State or an internal Territory that provides for the registration of midwives, or the authorisation of persons to practise midwifery. nurse practitioner means a person who is registered, or authorised (however described) to practise, as a nurse practitioner by or under a law of a State or an internal Territory that provides for the registration of nurse practitioners, or the authorisation of persons to practise as nurse practitioners. pharmacist means a person registered as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists, and includes a friendly society or other body of persons (whether corporate or unincorporate) carrying on business as a pharmacist. premises includes a part of premises. private health insurer has the same meaning as in the Private Health Insurance Act 2007. public hospital means a hospital in respect of which there is in force a statement under subsection 121‑5(8) of the Private Health Insurance Act 2007 that the hospital is a public hospital. public hospital authority means the governing body of a public hospital. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. rules, in relation to a private health insurer, has the same meaning as in the Private Health Insurance Act 2007. Secretary means the Secretary of the Department. spouse includes a de facto partner. Territory means an internal Territory. vaccine means a vaccine for the purpose of immunising persons. Veterans' Affairs Department means the Department administered by the Veterans' Affairs Minister. Veterans' Affairs Minister means the Minister administering the Veterans' Entitlements Act 1986. (1A) In this Act, unless the contrary intention appears, a word or phrase defined for the purposes of the Health Insurance Act 1973 has the meaning that it would have if used in that Act. (2) A reference in this Act to a prescription for the supply of a pharmaceutical benefit is a reference to a prescription written in accordance with subsection 88(1), (1A), (1C), (1D) or (1E). (3) A reference in this Act to the supply of pharmaceutical benefits at premises is a reference to the supply of pharmaceutical benefits to people who are at the premises when the supply is made. 6 Delegation (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person (including the Secretary) all or any of the Minister's powers under this Act, the regulations or another legislative instrument under this Act, other than: (a) this power of delegation; or (aa) the Minister's power under subsection 90(10); or (ab) the Minister's powers under sections 90A and 90B; or (b) the Minister's powers under section 95. (2) A power so delegated under subsection (1), when exercised by the delegate, shall, for the purposes of this Act, the regulations or another legislative instrument under this Act, be deemed to have been exercised by the Minister. (3) A delegate under subsection (1) is, in the exercise of a power so delegated, subject to the directions (if any) of the Minister. (4) A delegation under subsection (1) does not prevent the exercise of a power by the Minister. (5) The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate to a person all or any of the Secretary's powers under this Act, the regulations or another legislative instrument under this Act other than: (a) this power of delegation; or (b) the Secretary's powers under section 95. (6) A power so delegated under subsection (5), when exercised by the delegate, shall, for the purposes of this Act, the regulations or another legislative instrument under this Act, be deemed to have been exercised by the Secretary. (7) A delegate under subsection (5) is, in the exercise of a power so delegated, subject to the directions (if any) of the Secretary. (8) A delegation under subsection (5) does not prevent the exercise of a power by the Secretary. (9) The Chief Executive Medicare may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Chief Executive Medicare, delegate to a person all or any of the Chief Executive Medicare's powers under this Act, the regulations or another legislative instrument under this Act, other than this power of delegation. (10) A power so delegated under subsection (9), when exercised by the delegate, is, for the purposes of this Act, the regulations or another legislative instrument under this Act, taken to have been exercised by the Chief Executive Medicare. (11) A delegate under subsection (9) is, in the exercise of a power so delegated, subject to the directions (if any) of the Chief Executive Medicare. (12) A delegation under subsection (9) does not prevent the exercise of a power by the Chief Executive Medicare. 6A External Territories This Act extends to Norfolk Island, to the Territory of Cocos (Keeling) Islands and to the Territory of Christmas Island. 7A Application of the Criminal Code Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II—National health services 8 Interpretation In this Part, Territory includes an external Territory to which this Act extends. 9 Provision of certain medical and dental services (1) The Governor‑General may provide, or arrange for the provision of: (a) aerial medical and dental services; (b) diagnostic and therapeutic services for medical practitioners and hospitals, and for patients of medical practitioners or hospitals; (c) teaching, research and advisory services in relation to maternal and child health; (d) teaching, research and advisory services for or in relation to the improvement of health or the prevention of disease; and (e) anything incidental to a service referred to in paragraph (a), (b), (c) or (d). (2) The Minister may disseminate information relating to health or the prevention of disease. 9A Provision of medical and surgical aids and appliances etc. by the Commonwealth (1) The Minister may, on behalf of the Commonwealth, arrange for: (a) the supply by the Commonwealth of such medical or surgical aids, equipment or appliances as are prescribed to persons who require them; (b) the making of any modifications to a building, vehicle or equipment that are necessary for the treatment or rehabilitation of a sick or disabled person. (2) Subject to the provisions of an arrangement made under subsection 9C(1), a hearing aid, or any other medical or surgical aid, equipment or appliance of a kind prescribed for the purposes of this subsection, that is supplied under this section remains the property of the Commonwealth notwithstanding any purported disposition or pledging of the aid, equipment or appliance by any person. (3) The Minister may impose such conditions as the Minister thinks fit on the use or possession of aids, equipment or appliances supplied, or to be supplied, under subsection (1). (4) The regulations may make provision with respect to the supply of aids, equipment or appliances, or the making of modifications, under subsection (1), including provision for offences with respect to the use or possession of aids, equipment or appliances so supplied. 9B Provision of vaccines (1) The Minister may provide, or arrange for the provision of: (a) designated vaccines; and (b) goods or services that are associated with, or incidental to, the provision or administration of designated vaccines. Designated vaccines (2) The Minister may, by legislative instrument, determine that a specified vaccine is a designated vaccine for the purposes of this Act. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (3) A vaccine may be specified by reference to any or all of the following: (a) brand; (b) formulation; (c) active ingredient; (d) strength; (e) number and timing of doses in a course of immunisation. (4) Subsection (3) does not limit the ways in which a vaccine may be specified. (5) In addition to specifying a vaccine, a determination under subsection (2) may specify the circumstances in which the vaccine may be provided. (6) If any such circumstances are specified, subsection (1) only authorises the provision of the vaccine in those circumstances. (7) A vaccine must not be specified in a determination under subsection (2) unless: (a) the Pharmaceutical Benefits Advisory Committee has recommended to the Minister that the vaccine be a designated vaccine; or (b) at any time during the 60‑day period ending immediately before the commencement of this subsection, the vaccine was provided under repealed section 9B of this Act. (8) Before: (a) revoking a determination under subsection (2); or (b) varying a determination under subsection (2) in such a way that a vaccine ceases to be a designated vaccine; the Minister must obtain the written advice of the Pharmaceutical Benefits Advisory Committee in relation to the proposed revocation or variation. (9) An advice under subsection (8) is to be tabled in each House of the Parliament with the revocation or variation to which the advice relates. (10) This section does not limit the vaccine‑related powers that may be exercised by the Minister under the Biosecurity Act 2015. 9C Arrangements with States for provision of surgical aids and appliances etc. (1) The Minister may, on behalf of the Commonwealth, enter into an arrangement with a State, a Territory or a body corporate established for a public purpose under a law of a State or Territory for and in relation to: (a) the supply of medical or surgical aids, equipment or appliances prescribed for the purposes of paragraph 9A(1)(a) to persons who require them; and (b) the making of any modifications to a building, vehicle or equipment that are necessary for the treatment or rehabilitation of a sick or disabled person. (2) Without limiting the generality of subsection (1), an arrangement entered into under that subsection with a State, a Territory or a body corporate may provide for: (a) the payment by the Commonwealth of amounts to the State, Territory or body corporate, as the case may be, in connection with the carrying out of the arrangement; and (b) the transfer to the State, Territory or body corporate, as the case may be, of medical or surgical aids, equipment or appliances owned by the Commonwealth. (4) An arrangement entered into under subsection (1) may be expressed to have taken effect from a day earlier than the day on which the arrangement was entered into. 10 Arrangements with other Ministers The Minister may make an arrangement with any other Minister for the performance by that other Minister of a service in connexion with a service, matter or thing for which provision is made by or under this Part. 11 Arrangements with States (1) The Governor‑General may enter into an arrangement with the Governor of a State or the Administrator of a Territory for the performance by that State or Territory of a service in connexion with a service, matter or thing for which provision is made by or under this Part. (2) An arrangement entered into under this section may provide for payments by the Commonwealth to the State or Territory in respect of capital expenditure or maintenance expenditure incurred by the State or Territory at the request of the Commonwealth in connexion with the service performed by the State or Territory. (3) Any arrangement entered into under this section which provides for payments by the Commonwealth to a State or Territory in respect of expenditure referred to in subsection (2) shall provide for information to be supplied to the Minister by such persons, at such times and in such manner and form as the Minister requires. (4) An arrangement entered into under this section shall provide: (a) that property the cost of which, or part of the cost of which, has been paid by the Commonwealth to the State or Territory under the arrangement shall not, except with the approval of the Minister, be used otherwise than for the purpose for which the property was acquired; and (b) for the indemnification of the Commonwealth: (i) in the event of the acquisition by the Commonwealth of property the cost of which has been paid by the Commonwealth to the State or Territory under the arrangement—against payment by way of compensation for the acquisition of that property; and (ii) in the event of the acquisition by the Commonwealth of property the cost of which was paid in part by the Commonwealth to the State or Territory under the arrangement—against payment by way of compensation proportionate to the cost so paid. Part III—Continence Aids Payment Scheme 12 Continence Aids Payment Scheme (1) The Minister may, by legislative instrument, formulate a Continence Aids Payment Scheme, under which the Commonwealth makes payments as a contribution towards the cost of buying products that help manage incontinence. (2) A person who satisfies the eligibility criteria that are stated in the legislative instrument is eligible to participate in the scheme. (3) Without limiting subsection (1), the legislative instrument may provide for: (a) applications by persons who want to participate in the scheme; and (b) the conditions that must be complied with in order for a person to participate in the scheme; and (c) the amount of the contribution that is payable in each financial year in relation to a person who is participating in the scheme; and (d) investigations to be conducted in order to ensure that persons who are participating in the scheme are eligible to do so; and (e) the functions and powers of the Chief Executive Medicare in relation to the scheme. (4) Without limiting subsection (1), the legislative instrument may provide that applications may be made to the Administrative Review Tribunal for review of decisions made in the exercise of powers conferred by the instrument. (5) Subsections 14(5) and 15(5) do not, by implication, limit subsection (4) of this section. 13 Secretary or Chief Executive Medicare may request information (1) This section applies if the Secretary or Chief Executive Medicare (the official) believes, on reasonable grounds, that a person is capable of giving information that is relevant to deciding: (a) whether a contribution is payable to a person under the Continence Aids Payment Scheme; or (b) the amount of a contribution that is payable to a person under the Continence Aids Payment Scheme. (2) The official may request the person to give the information to the official. (3) The request: (a) must be made in writing; and (b) must state what information must be given to the official; and (c) may require the information to be verified by statutory declaration; and (d) must specify a day on or before which the information must be given, which day must be at least 28 days after the day on which the request is made; and (e) must contain a statement to the effect that a failure to comply with the request is an offence. (4) The person commits an offence if the person fails to comply with the request. Penalty: 30 penalty units. (5) However, an individual is excused from complying with the request if the giving of the information might tend to: (a) incriminate the individual; or (b) expose the individual to a penalty. Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code. (6) An offence against subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 14 Reviewing decision whether applicant is eligible for the scheme (1) This section applies if the Chief Executive Medicare decides that a person who has applied to participate in the scheme is not eligible to participate in the scheme. (2) The Chief Executive Medicare must give the person a signed notice that states: (a) the decision; and (b) the day when the decision has effect; and (c) the reasons for the decision; and (d) that, within 28 days after receiving the notice, the person may apply to the Chief Executive Medicare for a review of the decision; and (e) how the person may apply for the review. (3) A person who is aggrieved by the Chief Executive Medicare's decision may apply for a review of the decision in the way stated in the legislative instrument that sets out the scheme. (4) If an application is made under subsection (3), the Chief Executive Medicare must review the decision and give the person a signed notice that states: (a) the decision; and (b) the day when the decision has effect; and (c) if the decision is that the person is not eligible to participate in the scheme: (i) the reasons for the decision; and (ii) that the person may apply to the Administrative Review Tribunal for a review of the Chief Executive Medicare's decision. (5) An application may be made to the Administrative Review Tribunal for the review of the Chief Executive Medicare's decision mentioned in subsection (4). 15 Reviewing decision whether participant is eligible for the scheme (1) This section applies if the Chief Executive Medicare decides that a person who is participating in the scheme is not eligible to participate in the scheme. (2) The Chief Executive Medicare must give the person a signed notice that states: (a) the decision; and (b) the day when the decision has effect; and (c) the reasons for the decision; and (d) that, within 28 days after receiving the notice, the person may apply to the Chief Executive Medicare for a review of the decision; and (e) how the person may apply for the review. (3) A person who is aggrieved by the Chief Executive Medicare's decision may apply for a review of the decision in the way stated in the legislative instrument that sets out the scheme. (4) If an application is made under subsection (3), the Chief Executive Medicare must review the decision and give the person a signed notice that states: (a) the decision; and (b) the day when the decision has effect; and (c) if the decision is that the person is not eligible to participate in the scheme: (i) the reasons for the decision; and (ii) that the person may apply to the Administrative Review Tribunal for a review of the Chief Executive Medicare's decision. (5) An application may be made to the Administrative Review Tribunal for the review of the Chief Executive Medicare's decision mentioned in subsection (4). Part VII—Pharmaceutical benefits Division 1—Preliminary 83Z Repeal and saving (1) The Pharmaceutical Benefits Act 1947, the Pharmaceutical Benefits Act 1949, the Pharmaceutical Benefits Act (No. 2) 1949 and the Pharmaceutical Benefits Act 1952 are repealed. (2) The National Health (Medicines for Pensioners) Regulations made under the National Health Service Act 1948–1949 are repealed. (3) Notwithstanding the repeal effected by subsection (1): (a) where immediately before the commencement of this Part, a person or body was under the Pharmaceutical Benefits Act 1947–1952: (i) an approved pharmaceutical chemist approved in respect of one or more premises; (ii) an approved medical practitioner approved in respect of an area; or (iii) an approved hospital authority approved in respect of one or more hospitals; that person or body shall be deemed to be an approved pharmacist in respect of those premises, an approved medical practitioner in respect of that area or an approved hospital authority in respect of that hospital or those hospitals under section 90, 92 or 94, as the case requires, and the provisions of this Act apply to and in relation to that person or body accordingly; and (b) a special arrangement made in pursuance of section 15 of the Pharmaceutical Benefits Act 1947–1952 which was in force immediately before the commencement of this Part shall continue in force as if made in pursuance of section 100. (4) The reference in subparagraph (3)(a)(i) to an approved pharmaceutical chemist includes a reference to a person who: (a) owned, or was about to own, a business for the supply of pharmaceutical benefits at or from particular premises; and (b) was purportedly approved under the Pharmaceutical Benefits Act 1947–1952 as an approved pharmaceutical chemist. 84 Interpretation (1) In this Part, unless the contrary intention appears: 12.5% price reduction: see subsection 99ACA(2). 16% price reduction: see subsection 99ACA(2A). 25% price reduction: see subsection 99ACA(2B). ACSS eligible supply (short for additional community supply support payment eligible supply): a supply of a pharmaceutical benefit is an ACSS eligible supply if the supply is of a kind determined under subparagraph 98B(1)(b)(i). ACSS payment (short for additional community supply support payment), for an ACSS eligible supply, means the amount for that supply determined under, or worked out in the manner determined under, subparagraph 98B(1)(b)(ii). additional member means an additional member of the Tribunal. agreed price means the amount in force under a price agreement. allowable discount, for a supply of a pharmaceutical benefit, has the meaning given by subsection 87(2AAAA). applicable amount has the meaning given by subsection 84BA(4). approved ex‑manufacturer price of a listed brand of a pharmaceutical item means: (a) if a price agreement is in force in relation to the brand of the pharmaceutical item—the amount in force under the agreement as the amount that is, for the purposes of this Part, taken to be the appropriate maximum price of the brand of the pharmaceutical item; or (b) if a price determination is in force in relation to the brand of the pharmaceutical item—the amount in force under the determination as the amount that is, for the purposes of this Part, taken to be the appropriate maximum price of the brand of the pharmaceutical item. Note: See also section 85BA (effect of deemed reductions of, or increases to, the approved ex‑manufacturer price). approved hospital authority means a hospital authority for the time being approved, or deemed to be approved, under section 94. approved medical practitioner means a medical practitioner for the time being approved, or deemed to be approved, under section 92. approved pharmacist means a person for the time being approved under section 90 and includes: (a) a person treated as having been so approved under any provision of a law of the Commonwealth other than section 91 or 91B; and (b) except so far as subsection 90(3) is concerned—a person treated as having been so approved under section 91 or 91B. approved supplier means an approved pharmacist, an approved medical practitioner or an approved hospital authority. authorised midwife means an eligible midwife in relation to whom an approval is in force under section 84AAF. authorised nurse practitioner means an eligible nurse practitioner in relation to whom an approval is in force under section 84AAJ. authorised optometrist means an optometrist in relation to whom an approval is in force under section 84AAB. Authority means the Australian Community Pharmacy Authority established under section 99J. brand of a pharmaceutical item means: (a) the trade name under which the person who is or will be the responsible person supplies the pharmaceutical item; or (b) if there is no trade name—the name of the person who is or will be the responsible person. Chairperson means the Chairperson of the Tribunal. child, in relation to a member of a friendly society, means: (a) a child under the age of 16 years of that member; or (b) a child of that member who: (i) has attained the age of 16 years; (ii) is receiving full‑time education at a school, college or university; (iii) is wholly or substantially dependent on that member or on the spouse of that member; and (iv) is a person who is to be treated as a child of that member in accordance with the rules of the friendly society. Note: See also subsection (3B). claimed price means the amount specified in a determination in force under subsection 85B(3). co‑marketed brands has the meaning given by section 84AE. combination item means a pharmaceutical item that has a drug that contains at least 2 other drugs or medicinal preparations, at least one of which is a listed drug. combination item has a drug: see subsection 84ABA(2). Commonwealth officer means: (a) the Governor‑General; or Note: See also section 16A of the Acts Interpretation Act 1901. (b) a Minister; or (c) a member of the Parliament of the Commonwealth; or (e) a person who is in the employment of the Commonwealth; or (f) a person who holds or performs the duties of any office or position established by or under a law of the Commonwealth; or (g) a member of the Australian Defence Force; or (h) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee, a special member or a special protective service officer (all within the meaning of the Australian Federal Police Act 1979). Commonwealth price means: (a) in relation to a pharmaceutical benefit supplied by an approved pharmacist—the Commonwealth price for the particular quantity or number of units of the pharmaceutical benefit worked out in accordance with a determination in force under paragraph 98B(1)(a); or (b) in relation to a pharmaceutical benefit supplied by an approved medical practitioner—the Commonwealth price for the particular quantity or number of units of the pharmaceutical benefit worked out in accordance with a determination in force under subsection 98C(1); or (c) in relation to a pharmaceutical benefit supplied by an approved hospital authority to a patient receiving treatment in or at a hospital in respect of which the authority is approved—the amount of the payment to which the authority is entitled under subsection 99(4) in respect of the supply of the particular quantity or number of units of the pharmaceutical benefit. communicated, in relation to a prescription, means communicated directly or indirectly. communicated prescription means a prescription that is communicated to an approved pharmacist in the circumstances and manner set out in regulations made for the purposes of paragraph 89(a). concessional beneficiary means: (a) a person who is the holder of a pensioner concession card, a seniors health card or a health care card under the Social Security Act 1991; or (b) a person (other than the holder of the card) whose name is included in a card referred to in paragraph (a); or (c) a person: (i) who is an Australian resident within the meaning of the Health Insurance Act 1973; and (ii) who is eligible for fringe benefits under section 53A of the Veterans' Entitlements Act 1986; or (d) a person who is: (i) an Australian resident within the meaning of the Health Insurance Act 1973; and (ii) eligible, under subsection 86(1), (2) or (3) of the Veterans' Entitlements Act 1986, to be provided with treatment under Part V of the last‑mentioned Act; or (da) a person who is: (i) an Australian resident within the meaning of the Health Insurance Act 1973; and (ii) entitled to treatment under section 284 of the Military Rehabilitation and Compensation Act 2004; or (e) a person who is: (i) an Australian resident within the meaning of the Health Insurance Act 1973; and (ii) the holder of a seniors health card within the meaning of the Veterans' Entitlements Act 1986. Note: See also subsection (3C) (effect of a person's death on status as a concessional beneficiary). concessional benefit prescription means a prescription that, in accordance with section 84AA, is a prescription in respect of a concessional beneficiary or of a person who, in relation to the concessional beneficiary, is a dependant within the meaning of subsection (4) or (7). concession card means a safety net concession card issued under section 84DA and includes an additional concession card, or a replacement concession card, issued under section 84H. concession card prescription means a prescription that, in accordance with section 84AA, is a prescription for the supply of a pharmaceutical benefit to a person who is a holder of a concession card. CTS claim means a claim made to the Chief Executive Medicare using the procedures of the Claims Transmission System provided for in section 99AAA. dependant has the meaning given by subsections (4) and (7). Note: See also subsection (7A) (effect of a person's death on status as a dependant of a concessional beneficiary). determined price means the amount specified in a determination in force under subsection 85B(2). determined quantity of a listed brand of a pharmaceutical item: see subsection 84AK(3). drug in a combination item means the drug referred to in paragraph 84AB(a) in the application of that paragraph to the pharmaceutical item that is the combination item. drug in a pharmaceutical item means the drug referred to in paragraph 84AB(a) in the application of that paragraph to the pharmaceutical item. drug is on F1 has the meaning given by section 84AC. drug is on F2 has the meaning given by section 84AC. early supply of a specified pharmaceutical benefit has the meaning given by subsection 84AAA(1). eligible for increased discounting: see section 87AA. eligible midwife has the meaning given by section 84AAE. eligible nurse practitioner has the meaning given by section 84AAI. entitlement card means a pharmaceutical benefits entitlement card issued under section 84E and includes an additional entitlement card, or a replacement entitlement card, issued under section 84H. entitlement card prescription means a prescription that, in accordance with section 84AA, is a prescription for the supply of a pharmaceutical benefit to a person who is a holder of an entitlement card. exempt item means a pharmaceutical item determined by the Minister under section 84AH to be an exempt item. expiry date, in relation to a medicare number, means: (a) if the number is recorded on a medicare card that specifies a particular date on which the card expires—that date; and (b) if the number is recorded on a medicare card that does not specify a particular date on which the card expires but that has recorded on it the month at the end of which the card expires—the last day of that month; and (c) if the number is not of a kind referred to in paragraph (a) or (b)—such date as the Minister specifies, in writing, in respect of the number. friendly society body means a body (whether corporate or unincorporate) carrying on business for the benefit of members of a friendly society or friendly societies. general benefit prescription means a prescription other than: (b) a concessional benefit prescription; or (c) an entitlement card prescription; or (d) a concession card prescription. general patient means a person who is an eligible person within the meaning of the Health Insurance Act 1973, but who is not a concessional beneficiary. general patient charge amount means $30.00. Note: The figure in this definition is adjusted annually under section 99G. hospital means premises in which patients are received and lodged for the purpose of hospital treatment. hospital authority means the governing body of a public hospital or the proprietor of a private hospital. listed brand of a pharmaceutical item means a brand of the pharmaceutical item in relation to which a determination under subsection 85(6) is in force. listed drug means a drug or medicinal preparation in relation to which a declaration under subsection 85(2) is in force. medicare card means: (a) a card issued by the Chief Executive Medicare and commonly known as a medicare card; or (b) a card or written authorisation provided to a person that evidences a person's eligibility for pharmaceutical benefits under: (i) the scheme known as the Repatriation Pharmaceutical Benefits Scheme established under the Veterans' Entitlements Act 1986; or (ii) a scheme that applies under section 18 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or (iii) a scheme that applies under section 20 of the Treatment Benefits (Special Access) Act 2019; or (c) any other card that is prescribed for the purposes of this definition. medicare number means: (a) in relation to a particular person covered by a medicare card—the particular combination of numbers, or letters and numbers, on the card that is applicable only to that person as a person covered by that card; and (b) in relation to a person who the Chief Executive Medicare is satisfied is, or is entitled to be treated as, an eligible person within the meaning of the Health Insurance Act 1973 but who is not covered by a medicare card—the particular combination of numbers, or letters and numbers, that would be applicable to that person if that person were covered by a medicare card. member means a member of the Tribunal, and includes the Chairperson. nurse practitioner treatment, in relation to a nurse practitioner, means treatment that the nurse practitioner is authorised (however described) to provide under a law of a State or an internal Territory. optometrist means a person registered or licensed as an optometrist or optician under a law of a State or an internal Territory that provides for the registration or licensing of optometrists or opticians. out‑patient medication means a drug or medicinal preparation supplied through the out‑patient department of a public hospital. pack quantity of a listed brand of a pharmaceutical item: see subsection 84AK(2). participating dental practitioner means a dental practitioner in relation to whom an approval is in force under section 84A. PBS prescriber means: (a) a medical practitioner; or (b) a participating dental practitioner; or (c) an authorised optometrist; or (d) an authorised midwife; or (e) an authorised nurse practitioner. pharmaceutical benefit means the following: (a) if a declaration under subsection 85(2) is in force in relation to a drug or medicinal preparation (the drug) and paragraph (b), (c) and (d) do not apply—the drug; (b) if a determination under subsection 85(3) is in force in relation to a form of the drug and paragraph (c) and (d) do not apply—the drug in that form; (c) if a determination under subsection 85(5) is in force in relation to a manner of administration of that form of the drug and paragraph (d) does not apply—the drug in that form with that manner of administration; (d) if a determination under subsection 85(6) is in force in relation to a brand of a pharmaceutical item that is the drug in that form with that manner of administration—that brand of the drug in that form with that manner of administration. pharmaceutical benefit has a drug: see subsection 84ABA(3). pharmaceutical item has the meaning given by section 84AB. pharmaceutical item has a drug: see subsection 84ABA(1). prescriber bag provisions means the following: (a) section 93 (supplies by medical practitioners); (b) section 93AA (supplies by authorised midwives); (c) section 93AB (supplies by authorised nurse practitioners). price agreement means an agreement under section 85AD. price determination means a determination under subsection 85B(2). pricing quantity of a listed brand of a pharmaceutical item: see subsection 84AK(1). proportional ex‑manufacturer price of a listed brand of a pharmaceutical item: see section 85D. record form means a pharmaceutical benefits prescription record form, or an out‑patient medication prescription record form, issued under section 84D. refund agreement means an agreement or arrangement under which a payment may be made by or at the direction of a person to another person in the event of the other person being charged an amount in respect of the supply of a pharmaceutical benefit. relevant entitlement period means: (a) in the application of this Part before 1 January 1992: (i) in relation to a pensioner—the period commencing on 1 November 1990 and ending on 31 December 1991; or (ii) in relation to any other person—the year commencing on 1 January 1990 or 1 January 1991; or (b) in the application of this Part on or after 1 January 1992: (i) the year commencing on 1 January 1992; or (ii) a succeeding year. relevant price: see subsection 99ACF(5). repatriation pharmaceutical benefit means a pharmaceutical benefit within the meaning of: (a) section 91 of the Veterans' Entitlements Act 1986; or (b) subsection 4(1) of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or (c) subsection 5(1) of the Treatment Benefits (Special Access) Act 2019. responsible person for a brand of a pharmaceutical item means the person determined by the Minister under section 84AF to be the responsible person for the brand of the pharmaceutical item. Schedule equivalent has the meaning given by section 84AJ. special number, in relation to a particular person who is included within a class of persons identified by the Minister in a determination under subsection 86E(1)—the particular combination of numbers, or letters and numbers, allocated in accordance with a procedure set out in that determination, that is applicable to that person as a person included in that class. special patient contribution has the meaning given by subsection 85B(5). State or Territory officer means: (a) the Governor of a State; or Note: See also section 16B of the Acts Interpretation Act 1901. (b) the Administrator, an Acting Administrator, or a Deputy Administrator, of the Northern Territory; or (c) a Minister of a State, a Minister for the Australian Capital Territory or a Minister of the Northern Territory; or (d) a member of the Parliament of a State, a member of the Legislative Assembly for the Australian Capital Territory or a member of the Legislative Assembly of the Northern Territory; or (e) a person who is in the employment of a State or Territory; or (f) a person who holds or performs the duties of any office or position established by or under a law of a State or Territory; or (g) a member of the police force or police service of a State or Territory. Territory includes an external Territory to which this Act extends. therapeutic group means a therapeutic group determined by the Minister under section 84AG. Tribunal means the Pharmaceutical Benefits Remuneration Tribunal established by section 98A. value for safety net purposes means: (a) for the supply of a pharmaceutical benefit—the amount prescribed by regulations made for the purposes of subsection 84C(1E); and (b) for the supply of a repatriation benefit—the amount charged for the supply; and (c) for the supply of out‑patient medication—the applicable amount in relation to the supply. (1A) Where a refund agreement was entered into before 24 April 1964, and, on or after that date: (a) the agreement was or is renewed on or before the date on which it would, but for that renewal, have expired; (b) the period of operation of the agreement was or is extended on or before the date on which it would, but for that extension, have expired; or (c) the rights and obligations under the agreement of the party by or at whose direction payments may be made under the agreement were or are transferred to another person; the renewal, extension or transfer shall, for the purposes of this Act, be deemed not to have been or to be an entering into a new agreement. (1B) If: (a) a prescription directs a repeated supply of a pharmaceutical benefit (the specified benefit); and (b) another pharmaceutical benefit (the supplied benefit) is supplied, on the repeated supply, in accordance with subsection 103(2A); then, for the purposes of determining whether a repeated supply of the specified benefit has occurred, the supplied benefit is taken to be the repeated supply, upon the prescription, of the specified benefit. (2) In this Part, a reference to the supply, obtaining or receipt of a pharmaceutical benefit shall, unless the contrary intention appears, be read as a reference to the supply, obtaining or receipt of that pharmaceutical benefit under this Part. (2A) A reference in this Part to a prescription for the supply of a pharmaceutical benefit to a person who is a holder of a concession card or an entitlement card is a reference to a prescription for the supply of a pharmaceutical benefit to a person who is, at the time when the prescription is written or communicated, or becomes, after the prescription is written or communicated and before the benefit is supplied upon the prescription, a holder of a concession card or an entitlement card. (3) If the Minister so determines, the Minister of State of a State administering the laws of that State relating to public hospitals shall, for the purposes of this Part, be deemed to be the governing body of the public hospitals in that State. (3A) A reference in this Part to the governing body, in relation to a public hospital in the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island, shall be read as a reference to the Administrator of the relevant Territory. (3AA) A reference in this Part to the governing body, in relation to a public hospital on Norfolk Island, is a reference to the person or body specified in the regulations. (3B) A reference in the definition of child in subsection (1) to a child of a member includes a reference to: (a) an adoptive child or a stepchild of the person; and (b) someone who would be the stepchild of the person except that the person is not legally married to the person's de facto partner; and (c) someone who is a child of the person within the meaning of the Family Law Act 1975. (3C) If a person would have bee