Document ID: chunk:federal_register_of_legislation:C2025C00090:section:135aaa:p1
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 135AAA (pt 1/4)
Character Range: 600367–602926

135AAA  Prescribers and approved suppliers must observe secrecy in relation to medicare numbers and expiry dates provided for pharmaceutical benefit scheme purposes
 (1) If:
 (a) a medicare number, or a medicare number and the expiry date in relation to that number, are provided, as a result of a request under section 88, or under section 88AA, to a person who is a PBS prescriber; and
 (b) that number, or number and date, are provided solely for either or both of the following purposes:
 (i) enabling the person to write or communicate a prescription for the supply of a pharmaceutical benefit;
 (ii) enabling the person to record and retain that number, or number and date, to facilitate the writing of future prescriptions for the supply of pharmaceutical benefits;
the person commits an offence if, while the person is, or after the person ceases to be, a PBS prescriber, the person directly or indirectly makes an unauthorised disclosure or an unauthorised use of that number or that date.
Penalty: 50 penalty units or imprisonment for 2 years, or both.
 (2) For the purposes of subsection (1):
 (a) the disclosure by a person referred to in that subsection of a medicare number, or of the expiry date in relation to a medicare number, to another person is an unauthorised disclosure of that number or that date; and
 (b) the use by a person referred to in that subsection of a medicare number, or of the expiry date in relation to a medicare number, is an unauthorised use of that number or that date;
if that disclosure or use is not made or undertaken:
 (c) in the performance of the duties, or in the exercise of the powers or functions, of that person as a PBS prescriber under this Act in relation to the Pharmaceutical Benefits Scheme; or
 (d) for the purpose of enabling a person to perform functions in relation to a medicare program in relation to that Scheme.
 (3) If:
 (a) a medicare number, or a medicare number and the expiry date in relation to that number, are provided, as a result of a request under section 86B or 86C, or under section 86D, to a person or body that is an approved supplier; and
 (b) that number, or number and date, are provided solely for one or more of the following purposes:
 (i) enabling the person or body to supply a pharmaceutical benefit;
 (ii) enabling the person or body to record and retain that number, or number and date, in order to facilitate the supply of pharmaceutical benefits at a later time or times;
 (iii) enabling the person or body to record and retain that number, or number and date, in