Document ID: chunk:federal_register_of_legislation:C2025C00090:section:103:p2
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 103 (pt 2/3)
Character Range: 529682–532509

treatment, or the nurse practitioner treatment by an authorised nurse practitioner, of the person or of a person covered by paragraph 86A(2)(a), (b) or (c); or
 (b) the person has some other reasonable excuse for possessing or consigning for export that first‑mentioned quantity.
Penalty: Imprisonment for 2 years.
 (4AB) In a prosecution for an offence against subsection (4AA), the defendant bears the evidential burden of proving the exception set out in paragraph (a) or (b) of that subsection.
 (4AC) For the purposes of subsection (4AA), the designated quantity of a pharmaceutical benefit or pharmaceutical item is the quantity of that pharmaceutical benefit or pharmaceutical item worked out using the formula:

where:
MQ is the quantity or number of units of that pharmaceutical benefit or pharmaceutical item that is determined by the Minister, under paragraph 85A(2)(a), to be the maximum quantity, or the maximum number of units, of that pharmaceutical benefit or pharmaceutical item that may, in one prescription, be directed to be supplied on any one occasion.
RA is the number (if any) that is determined by the Minister, under paragraph 85A(2)(b), to be the maximum number of occasions on which the supply of the pharmaceutical benefit, or a pharmaceutical benefit that has the pharmaceutical item, may, in one prescription, be directed to be repeated.
 (4AD) In proceedings for an offence against subsection (4AA), a certificate by the Chief Executive Medicare to the effect that:
 (a) a substance specified in the certificate is a particular pharmaceutical benefit or pharmaceutical item; and
 (b) the quantity of the substance to which the offence relates exceeds the designated quantity in relation to a pharmaceutical benefit or pharmaceutical item of that kind;
is prima facie evidence of those matters.
 (4AE) A person is not liable to be convicted of an offence against subsection (4) and subsection (4AA) in respect of the same action.
 (4A) A person shall not, in purported compliance with the requirements of regulations made by virtue of subsection 84AA(1) or (1A), include, or cause or permit to be included, on a prescription written by a PBS prescriber any information connected with the status of the person to whom the prescription relates that is, to his or her knowledge, false or misleading in a material particular.
Penalty: Imprisonment for 2 years or 50 penalty units, or both.
 (4B) A person shall not, in purported compliance with the requirements of regulations made under subsection 84AA(2) or (3), in so far as those regulations relate to a prescription communicated to an approved pharmacist, communicate to that pharmacist any information connected with the status of the person to whom the prescription relates that is, to his or her knowledge, false or misleading in a material