Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 98B

             (1)  The functions of the Tribunal are:

                     (a)  to determine the manner in which the Commonwealth price of all or any pharmaceutical benefits is to be worked out for the purpose of payments to approved pharmacists in respect to the supply by them of pharmaceutical benefits; and

                     (c)  if an agreement referred to in section 98BAA provides for the Tribunal to perform functions under the agreement--those functions.

             (2)  A manner determined under paragraph (1)(a) shall:

                     (a)  in the case of a pharmaceutical benefit that is a listed brand of a pharmaceutical item--take as a basis the approved price to pharmacists 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.

             (3)  In subsection (2):

"approved price to pharmacists" of a listed brand of a pharmaceutical item means:

                     (a)  if a price agreement is in force in relation to the brand of the pharmaceutical item--the amount in force under the agreement as the amount that is, for the purposes of this Part, taken to be the appropriate maximum price for sales of the brand of the pharmaceutical item to approved pharmacists; or

                     (b)  if a price determination is in force in relation to the brand of the pharmaceutical item--the amount in force under the determination as the amount that is, for the purposes of this Part, taken to be the appropriate maximum price for sales of the brand of the pharmaceutical item to approved pharmacists.

"basic wholesale price" in relation to an ingredient in a pharmaceutical benefit, means the amount that The Pharmacy Guild of Australia and the Minister agree from time to time is to be taken to be, for the purposes of this Part, the appropriate price for sales of that ingredient to approved pharmacists.

             (4)  The Tribunal may approve criteria that it considers to be appropriate for use in determining the nature or magnitude of fees or other amounts referred to in paragraph (2)(c), and may, at any time, vary or revoke such criteria.

             (5)  In determining fees or other amounts referred to in paragraph (2)(c), and in approving criteria under subsection (4), the Tribunal must have regard to:

                     (a)  national minimum wage orders of Fair Work Australia, and, in particular, any statements by Fair Work Australia about the effect of wage increases on productivity, inflation and levels of employment; or

                     (b)  if no such order has been made--the last wage-setting decision of the Australian Fair Pay Commission.