Document ID: chunk:federal_register_of_legislation:C2005A00151:clause:1_2
Version: federal_register_of_legislation:C2005A00151
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 4268–5552

2  After section 84
Insert:

 84AAA  Early supply of a specified pharmaceutical benefit

 (1) A supply of a pharmaceutical benefit to a person (whether or not that supply is a supply of a kind described in paragraph 84C(4A)(a)) is an early supply of a specified pharmaceutical benefit if:
 (a) the supply is made within 20 days after the day of a previous supply of the same pharmaceutical benefit to the person (whether or not the previous supply was a supply of a kind described in paragraph 84C(4A)(a)); and
 (b) the pharmaceutical benefit is specified in an instrument under subsection (2); and
 (c) the supply does not result from a prescription originating from a hospital (within the meaning of the Health Insurance Act 1973) or a day hospital facility.

Note: For day hospital facility see subsection 4(1).

 (2) The Minister may, by legislative instrument, specify pharmaceutical benefits for the purposes of paragraph (1)(b).

Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

 (3) Pharmaceutical benefits may be specified in an instrument under subsection (2) by reference to:
 (a) the circumstances in which the pharmaceutical benefit is supplied; or
 (b) any other circumstances in relation to the pharmaceutical benefit.