Document ID: chunk:federal_register_of_legislation:C2025C00090:section:84c:p4
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 84C (pt 4/5)
Character Range: 111478–113999

is an early supply of a specified pharmaceutical benefit.
 (4A) The supply or repeated supply of a repatriation pharmaceutical benefit to a person is not to be taken into account for the purposes of this section unless:
 (a) the repatriation pharmaceutical benefit is supplied:
 (i) under the scheme established under section 91 of the Veterans' Entitlements Act 1986; or
 (ii) in accordance with a determination under paragraph 286(1)(c) of the Military Rehabilitation and Compensation Act 2004; or
 (iii) under a scheme that applies under section 18 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or
 (iv) under a scheme that applies under section 20 of the Treatment Benefits (Special Access) Act 2019; and
 (b) at the time of supply the person was not a holder of an entitlement card.
 (4B) A supply of out‑patient medication to a person is not to be taken into account for the purposes of this section if, at the time of the supply, the person is the holder of an entitlement card.
 (7) The Minister may determine, by legislative instrument, the manner in which the price for particular quantities or numbers of units of all or any pharmaceutical benefits is to be ascertained for the purpose of subparagraph (4)(e)(i).
 (8) A manner determined under subsection (7) shall:
 (a) in the case of a pharmaceutical benefit that is a listed brand of a pharmaceutical item—take as a basis the approved ex‑manufacturer price or a proportional ex‑manufacturer price of the brand of the pharmaceutical item that was in force on the first day of the month of the year in which the supply occurs; and
 (b) in the case of other pharmaceutical benefits—take as a basis the basic wholesale price of each ingredient that is applicable on the day on which the supply occurs; and
 (c) provide for the addition of such fees and other amounts as are determined by the Tribunal for the purposes of paragraph 98B(2)(c); and
 (d) provide for the addition of such other fees and other amounts as are determined by the Minister.
 (9) The Minister shall not determine an amount for the purpose of paragraph (8)(d) unless the Pharmacy Guild of Australia has agreed in writing to the making of that determination.
 (11) In this section, unless the contrary intention appears:
basic wholesale price has the same meaning as in section 98B.
pharmaceutical benefit supply means a supply or a repeated supply of a pharmaceutical benefit or repatriation pharmaceutical benefit.