Commonwealth Numbered Regulations

NATIONAL HEALTH (PHARMACEUTICALS AND VACCINES -- COST RECOVERY) REGULATIONS 2009 (SLI NO 372 OF 2009) - REG 4.3

         (1)   An applicant may seek an independent review of a decision by the Committee not to make a recommendation that the Minister:

                (a)    declare a drug or medicinal preparation under subsection 85 (2) of the Act; or

               (b)    specify further circumstances, requested in an application, in which a prescription for the supply of a pharmaceutical benefit may be written under subsection 85 (2A) of the Act.

         (2)   The application must:

                (a)    be submitted in the form in which it was originally considered by the Committee; and

               (b)    have been rejected by the Committee in its entirety.

         (3)   The fee for an application to the Department for an independent review of the Committee's decision is $119 500 and is payable at the time the application is submitted.

         (4)   There is no fee for the Committee to reconsider an application following the independent review.

Note    See the Independent Review (PBS) website at http://www.independentreview.pbs.gov.au .