National Health Act 1953

If:

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

that number, or number and date, are provided solely for either or both of the following purposes:

enabling the person to write or communicate a prescription for the supply of a pharmaceutical benefit;

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;

For the purposes of subsection (1):

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

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;

in the performance of the duties or functions, or in the exercise of the powers, of that person as a PBS prescriber under this Act in relation to the Pharmaceutical Benefits Scheme; or

for the purpose of enabling a person to perform functions in relation to a medicare program in relation to that Scheme.

If:

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

that number, or number and date, are provided solely for one or more of the following purposes:

enabling the person or body to supply a pharmaceutical benefit;

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;

enabling the person or body to record and retain that number, or number and date, in order to complete the written version of a prescription that has been previously communicated;

For the purposes of subsection (3):

the disclosure by a person or body 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

the use by a person or body 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;

in the performance of the duties or functions, or in the exercise of the powers, of the person or body as an approved supplier under this Act in relation to the Pharmaceutical Benefits Scheme; or

for the purpose of enabling a person to perform functions in relation to a medicare program in relation to that Scheme.

If a medicare number, or a medicare number and the expiry date in relation to that number, are provided:

to a person who is employed or engaged by:

a PBS prescriber; or

a company that provides services in support of a PBS prescriber;

to a person who is employed or engaged by:

an approved supplier; or

a company that provides services in support of an approved supplier;

A person to whom a medicare number, or a medicare number and the expiry date in relation to that number, are disclosed in contravention of subsection (1), (3) or (5) commits an offence if:

the person knows or ought reasonably to know that the disclosure of the number, or number and date, was in contravention of that subsection; and

the person directly or indirectly discloses that number or that date to any person, or otherwise makes use of that number or that date.

Despite subsection (1), (3) or (5), a person or body to whom a medicare number, or a medicare number and the expiry date in relation to that number, are provided solely for a purpose set out or referred to in that subsection may disclose that number or expiry date to another person for another specified purpose with the express authority of:

the person in respect of whom that number was provided; or

the legal guardian of that person; or

another person identified in a determination made by the Minister under section 86D or 88AA as capable of authorising the recording and retention of such number or number and date, on behalf of the person to whom the number applies.

A person to whom a medicare number, or a medicare number and the expiry date in relation to that number, are disclosed in accordance with an express authority under subsection (7) commits an offence if the person:

directly or indirectly discloses that number or that date to another person; or

makes use of that number or that date;

Nothing in subsection (1), (3), (5), (6) or (8) prevents a medicare number or an expiry date in relation to such a number from being communicated to a court for the purpose of proceedings under this section.

In this section:

A reference in this section to a number, or number and date, provided to an approved supplier or to a person engaged or employed by an approved supplier, includes a reference to such a number, or number and date, that are informed under section 86D to the approved supplier by a PBS prescriber communicating a prescription to the supplier.