Document ID: chunk:federal_register_of_legislation:F2025C00081:clause:2_16a
Version: federal_register_of_legislation:F2025C00081
Segment Type: clause
Provision Reference: sch 2 cl 16A
Character Range: 61641–64096

16A  When Pharmaceutical benefits may be supplied by Community Pharmacists without prescription

Pharmaceutical benefits covered by PBS and National Health Act section 89A instruments
 (1) A Community Pharmacist may, at or from premises in respect of which the pharmacist is for the time being approved under the National Health Act 1953, supply a Pharmaceutical benefit to an Eligible Person without a prescription for that supply if:
 (a) the Pharmaceutical benefit is covered by the Scheme and an instrument in force under subsection 89A(3) of the National Health Act 1953; and
 (b) the supply is made in accordance with the conditions specified in the instrument:
              (i) as if the supply under the Scheme is a supply covered by the instrument; and
              (ii) as the instrument has effect under subsection (1B) of this section; and
           (c)  the supply otherwise conforms to this section.

       Certain Pharmaceutical benefits not covered by PBS

        (1A) A Community Pharmacist may, at or from premises in respect of which the pharmacist is for the time being approved under the National Health Act 1953, supply a Pharmaceutical benefit to an Eligible Person without a prescription for that supply if:
           (a) the Pharmaceutical benefit is specified in the table in Schedule 2; and
           (b) the supply is made in accordance with the conditions specified in the National Health (Continued Dispensing – Emergency Measures) Determination 2023:
              (i) as if the supply under the Scheme is a supply covered by that instrument; and
              (ii) as that instrument has effect under subsection (1B) of this section; and
              (iii) to the extent that those conditions are applicable to the supply; and
           (c) the supply otherwise conforms to this section.

       Modified effect of National Health Act section 89A instruments

        (1B) For the purposes of subparagraphs (1)(b)(ii) and (1A)(b)(ii) of this section, an instrument in force under subsection 89A(3) of the National Health Act 1953 has effect in accordance with the following table.

Modified effect of National Health Act section 89A instruments
                                                                Column 1                                              Column 2
Item                                                            The instrument has effect as if a reference to …      were a reference to …