Document ID: chunk:federal_register_of_legislation:C2025C00090:section:85:p1
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 85 (pt 1/3)
Character Range: 130025–132952

85  Pharmaceutical benefits

Pharmaceutical benefits
 (1) Benefits shall be provided by the Commonwealth, in accordance with this Part, in respect of pharmaceutical benefits.
Note 1: While most pharmaceutical benefits are generally available for supply under this Part, some pharmaceutical benefits (see sections 85AAA and 85AA) can only be supplied under this Part under the prescriber bag provisions or in accordance with special arrangements under section 100.
Note 2: Special arrangements under section 100 can modify the effect of this Part in relation to the supply of pharmaceutical benefits that are covered by the arrangements (see subsection 100(3)).

Drugs etc.
 (2) The drugs and medicinal preparations in relation to which this Part applies are:
 (a) drugs and medicinal preparations that are:
 (i) declared by the Minister, by legislative instrument, to be drugs and medicinal preparations to which this Part applies; or
 (ii) included in a class of drugs and medicinal preparations declared by the Minister, by legislative instrument, to be a class of drugs and medicinal preparations to which this Part applies; and
 (b) medicinal preparations composed of:
 (i) one or more of the drugs and medicinal preparations referred to in paragraph (a), being a drug or medicinal preparation that is, or drugs and medicinal preparations that are, included in a class of drugs and medicinal preparations declared by the Minister, by legislative instrument, to be a class of drugs and medicinal preparations to which this paragraph applies; and
 (ii) one or more of such additives as are declared by the Minister, by legislative instrument, to be additives to which this paragraph applies.
Note 1: The Minister cannot make a declaration under this subsection in relation to a drug or medicinal preparation unless the Pharmaceutical Benefits Advisory Committee has recommended that the drug or medicinal preparation be declared (see subsections 101(4) and (4A)).
Note 2: If the Minister makes a declaration in relation to a drug or medicinal preparation under this subsection, the Minister cannot vary or revoke that declaration so as to delist the drug or medicinal preparation without first obtaining the Pharmaceutical Benefits Advisory Committee's advice (see subsection 101(4AAB)).

Drugs etc. that can only be supplied under the prescriber bag provisions
 (2AA) If:
 (a) the Minister makes a declaration under subsection (2) in relation to a drug or medicinal preparation (the drug); and
 (b) the Pharmaceutical Benefits Advisory Committee has recommended under subsection 101(4AACA) that the drug be supplied only under one or more of the prescriber bag provisions;
then the Minister must, by legislative instrument, declare that the drug can only be supplied under that provision or those provisions.
Note: If the Minister makes a declaration in relation to a drug or medicinal preparation under this subsection, the