Document ID: chunk:federal_register_of_legislation:C2025C00090:section:86
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 86
Character Range: 151760–153415

86  Entitlement to receive pharmaceutical benefits
 (1) Subject to this Part, a person who:
 (a) is, or is to be treated as, an eligible person within the meaning of the Health Insurance Act 1973; and
 (b) is receiving:
 (i) medical treatment by a medical practitioner; or
 (ii) dental treatment by a participating dental practitioner; or
 (iii) optometrical treatment by an authorised optometrist; or
 (iv) midwifery treatment by an authorised midwife; or
 (v) nurse practitioner treatment by an authorised nurse practitioner;
is entitled to receive pharmaceutical benefits under this Part without the payment or provision of money or other consideration other than a charge made in accordance with section 87.

Residency
 (2) For the purposes of paragraph (1)(a), while a person is working outside Australia as a Commonwealth officer, he or she is taken to reside in Australia.
 (3) For the purposes of paragraph (1)(a), while a person is working outside Australia as a State or Territory officer, he or she is taken to reside in Australia.
 (4) For the purposes of paragraph (1)(a), while the spouse, or a dependent child, of a person covered by subsection (2) or (3) is outside Australia accompanying that person, the spouse or child is taken to reside in Australia.
Note: Paragraph (1)(a) refers to a person being an eligible person within the meaning of the Health Insurance Act 1973. Under that Act an Australian resident is an eligible person. A person must reside in Australia to be an Australian resident.

Definitions
 (5) In this section:
dependent child has the same meaning as in section 84B.
spouse has the same meaning as in section 84B.