Document ID: chunk:federal_register_of_legislation:F2018L01673:body:0:p2
Version: federal_register_of_legislation:F2018L01673
Segment Type: other
Provision Reference: 
Character Range: 3272–6472

Repeal the section, substitute:

    26  Application of section 30 of the Regulations in relation to CAR drugs

    Section 30 of the Regulations does not apply in relation to a prescription for an HSD pharmaceutical benefit that has a CAR drug supplied under this Special Arrangement.

9 Paragraph 51(b)

    Omit 'regulation 8A', substitute 'section 16'.

10 Subsection 52(4)

    Omit 'subregulation 8A(1)', substitute 'subsection 16(4)'.

11 Section 52

 Omit 'Chief Executive Medicare' (wherever appearing), substitute 'Secretary'.

12 Subsection 54(4)

    Omit 'the Regulations', substitute 'the National Health (Pharmaceutical Benefits) Regulations 1960 as in force immediately before the commencement of the Regulations'.

Schedule 2  Transitional provisions

1 Definitions

      (1)       In this Schedule:

       commencement day means the day on which the National Health (Highly specialised drugs program) Amendment (Approval of certain hospital authorities) Special Arrangement 2018 commences.

       new Special Arrangement means the National Health (Highly specialised drugs program) Special Arrangement 2010 as in force on the commencement day.

       old Special Arrangement means the National Health (Highly specialised drugs program) Special Arrangement 2010 as in force immediately before the commencement day.

2 Applications for approval of public hospital authority

      (1) This item applies where an application under section 52 of the old Special Arrangement for approval of the hospital authority of a public hospital has been made but a decision whether to approve the hospital authority has not been made before the commencement day.

      (2) From the commencement day the decision may be made by:

     (a) the Secretary, as if the application had been made to the Secretary; or

     (b) the Chief Executive Medicare, as if the amendments made  by the National Health               (Highly specialised drugs program) Amendment (Approval of certain hospital               authorities) Special Arrangement 2018 had not commenced;

3 Transition of approvals granted and things done by the Chief Executive               Medicare

      (1) This item applies in relation to an approval for a hospital authority for a public hospital, granted under section 52 of the old Special Arrangement, that was in force immediately before the commencement day.

      (2) From the commencement day:

     (a) the approval is taken to have been granted by the Secretary;

     (b) the conditions (if any) determined by the Chief Executive Medicare to which the               approval was subject are taken to have been determined by the Secretary; and

     (c) any number allotted to the approval by the Chief Executive Medicare is taken to               have been allotted by the Secretary.

4 Transition of suspensions issued by Chief Executive Medicare

      (1) This item applies where, immediately before the commencement day, the approval of the hospital authority for a public hospital is suspended following a notice issued by the Chief Executive Medicare under subsection 52(7) of the old Special Arrangement.

      (2) The notice of suspension is