Document ID: chunk:federal_register_of_legislation:C2025C00090:section:87:p2
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 87 (pt 2/3)
Character Range: 176525–179324

that may be charged in accordance with subsection (2), an approved pharmacist or an approved medical practitioner acting in accordance with his or her approval may, in respect of each supply (including each repeated supply) of a pharmaceutical benefit that is a listed brand of a pharmaceutical item and in relation to which a determination under subsection 85B(3) is in force, charge the person to whom it is supplied an amount equal to the special patient contribution for the brand of the pharmaceutical item, unless the approved pharmacist or approved medical practitioner is entitled to be paid by the Commonwealth that special patient contribution under subsection 99(2AA).
 (3) Where an approved pharmacist or an approved medical practitioner supplies a pharmaceutical benefit in accordance with a direction included in a prescription in pursuance of subsection 88(6) or (6A), the amount chargeable in accordance with subsection (2), of this section is, in lieu of whichever of the amounts referred to in subsection (2), of this section is applicable, an amount equal to the product of that applicable amount and the minimum number of occasions of supply that would have had to be directed if the medical practitioner, authorised midwife or authorised nurse practitioner had prescribed the same total quantity or number of units of the pharmaceutical benefit by way of repeated supplies.
 (3A) An approved pharmacist, approved medical practitioner or approved hospital authority shall not supply a pharmaceutical benefit to a person on terms that are appropriate for the supply of the benefit to:
 (ba) a holder of a concession card; or
 (c) a holder of an entitlement card; or
 (d) a concessional beneficiary; or
 (e) a person who is a dependant of a concessional beneficiary within the meaning of subsection 84(4) or (7); or
 (f) a general patient;
unless the pharmacist, medical practitioner or authority is satisfied that the person is entitled to receive the benefit on those terms.
 (3B) Without limiting the generality of subsection (3A), an approved pharmacist, approved medical practitioner or approved hospital authority may refuse to supply a pharmaceutical benefit to a person on terms that are appropriate for the supply of the benefit to:
 (ba) a holder of a concession card; or
 (c) a holder of an entitlement card; or
 (d) a concessional beneficiary; or
 (e) a person who is a dependant of a concessional beneficiary within the meaning of subsection 84(4) or (7); or
 (f) a general patient;
unless the person produces evidence (whether by way of the production of a card or evidence of identity or otherwise) to the pharmacist, medical practitioner or authority that the person is entitled to receive the benefit on those terms.
 (4) The regulations may provide for the making