Document ID: chunk:federal_register_of_legislation:C2024C00866:section:91:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 91 (pt 1/2)
Character Range: 1340874–1343873

91  Repatriation Pharmaceutical Benefits Scheme
 (1) The Commission may, in writing, determine a scheme for the provision of pharmaceutical benefits to persons eligible to be provided with treatment under this Part.
Note: For pharmaceutical benefits, see subsection (9).
 (1A) Without limiting the generality of subsection (1), a determination under that subsection may specify classes of persons eligible to be provided with treatment under this Part for whom pharmaceutical benefits, or pharmaceutical benefits of a kind specified in the determination or included in a class of pharmaceutical benefits so specified, will not be so provided or will not be so provided in circumstances specified or described in the determination.

Determination must be approved by the Minister
 (2) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
 (3) A determination under subsection (1) approved by the Minister and as in force from time to time is the Repatriation Pharmaceutical Benefits Scheme.

Variation or revocation of Repatriation Pharmaceutical Benefits Scheme
 (4) The Commission may, by written determination, vary or revoke the Repatriation Pharmaceutical Benefits Scheme.
 (5) A determination under subsection (4) has no effect unless the Minister has approved it in writing.

Legislative instruments
 (5A) A determination under subsection (1) or (4) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.

Incorporation of other instruments
 (5B) Despite subsection 14(2) of the Legislation Act 2003:
 (a) a determination under subsection (1); or
 (b) a determination under subsection (4) varying the Repatriation Pharmaceutical Benefits Scheme;
may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.

Inquiry by Pharmaceutical Benefits Remuneration Tribunal
 (6) Where the Pharmaceutical Benefits Remuneration Tribunal established under the National Health Act 1953 is holding, or proposes to hold, an inquiry under that Act to ascertain whether the Commonwealth price of all or any pharmaceutical benefits under that Act should be varied, the Minister may request that Tribunal to extend its inquiry to include the question whether the prices payable to pharmaceutical chemists in respect of the supply by them, in accordance with the Repatriation Pharmaceutical Benefits Scheme under this section or a pharmaceutical benefits determination under section 286 of the MRCA, of pharmaceutical benefits of the kinds specified by the Minister in his or her request should be varied and, where such a request is made, the Tribunal shall comply with the request.
 (7) After completion of an inquiry referred to in subsection (6), the Pharmaceutical Benefits Remuneration Tribunal shall submit to the