Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 9B

  (1)   The Minister may provide, or arrange for the provision of:

  (a)   designated vaccines; and

  (b)   goods or services that are associated with, or incidental to, the provision or administration of designated vaccines.

Designated vaccines

  (2)   The Minister may, by legislative instrument, determine that a specified vaccine is a designated vaccine for the purposes of this Act.

Note:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (3)   A vaccine may be specified by reference to any or all of the following:

  (a)   brand;

  (b)   formulation;

  (c)   active ingredient;

  (d)   strength;

  (e)   number and timing of doses in a course of immunisation.

  (4)   Subsection   (3) does not limit the ways in which a vaccine may be specified.

  (5)   In addition to specifying a vaccine, a determination under subsection   (2) may specify the circumstances in which the vaccine may be provided.

  (6)   If any such circumstances are specified, subsection   (1) only authorises the provision of the vaccine in those circumstances.

  (7)   A vaccine must not be specified in a determination under subsection   (2) unless:

  (a)   the Pharmaceutical Benefits Advisory Committee has recommended to the Minister that the vaccine be a designated vaccine; or

  (b)   at any time during the 60 - day period ending immediately before the commencement of this subsection, the vaccine was provided under repealed section   9B of this Act.

  (8)   Before:

  (a)   revoking a determination under subsection   (2); or

  (b)   varying a determination under subsection   (2) in such a way that a vaccine ceases to be a designated vaccine;

the Minister must obtain the written advice of the Pharmaceutical Benefits Advisory Committee in relation to the proposed revocation or variation.

  (9)   An advice under subsection   (8) is to be tabled in each House of the Parliament with the revocation or variation to which the advice relates.

  (10)   This section does not limit the vaccine - related powers that may be exercised by the Minister under the Biosecurity Act 2015 .