Document ID: chunk:federal_register_of_legislation:C2004A04427:body:0:p6
Version: federal_register_of_legislation:C2004A04427
Segment Type: other
Provision Reference: 
Character Range: 13706–16607

saving

  38. Section 83 of the Principal Act is amended:

     (a)     by omitting from paragraph (3)(a) "pharmaceutical chemist" (last occurring) and substituting "pharmacist";

   (b)    by adding at the end the following subsection:

     "(4) The reference in subparagraph (3)(a)(i) to an approved pharmaceutical chemist includes a reference to a person who:

         (a)     owned, or was about to own, a business for the supply of pharmaceutical benefits at or from particular premises; and

         (b)     was purportedly approved under the Pharmaceutical Benefits Act 1947-1952 as an approved pharmaceutical chemist.".

Interpretation

  39. Section 84 of the Principal Act is amended:

     (a)     by omitting from the definition of "approved pharmacist" in subsection (1) "a pharmacist" and substituting "a person";

     (b)    by omitting from subsection (1) the definitions of "dedicated computer facilities", "no-benefit prescription" and "status information".

Entitlement to refund in certain circumstances

40. Section 87A of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsection:

  "(1) If:

     (a) an approved supplier did not supply a pharmaceutical benefit to a person on terms that are appropriate for the supply of a benefit to:

       (i) the holder of a concession card or entitlement card; or

       (ii) a concessional beneficiary; or

     (iii) a dependant of a concessional beneficiary; because the supplier was not satisfied that the person was entitled to receive the benefit on those terms; and

     (b) the Secretary is satisfied that the person was entitled at the time to receive the benefit on those terms;

the person is entitled to be paid by the Commonwealth an amount equal to the difference between:

    (c)     the amount payable for the supply of the benefit on those terms; and

  (d)     an amount equal to:

         (i) if, because of subsection 99(2A), (2AB) or (2B), the supply of the benefit is taken to be a supply otherwise than under this Part—the Commonwealth price for the supply of the benefit; or

         (ii) in any other case—the amount that the person was charged under section 87.".

Approved pharmacists

41.(1) Section 90 of the Principal Act is amended by adding at the end the following subsection:

"(6) For the purposes of this section, a reference to a pharmacist is taken to include a reference to a person who owns, or is about to own, a business for the supply of pharmaceutical benefits at or from particular premises.".

(2) If, before this Act receives the Royal Assent, a pharmacist was purportedly approved under section 90 of the Principal Act for and on behalf of a person to whom subsection 90(6) of the Principal Act as amended by this Act applies, the approval is taken to have been an approval of the last-mentioned person.

Approvals to be subject to