Document ID: chunk:federal_register_of_legislation:C2015A00089:clause:1_99adhb:p2
Version: federal_register_of_legislation:C2015A00089
Segment Type: clause
Provision Reference: sch 1 cl 99ADHB (pt 2/3)
Character Range: 13895–16522

the common drug and the same manner of administration as the existing brand of the combination item; and
 (ii) each brand of each pharmaceutical item that is a combination item and has the same drug and manner of administration as the existing brand of the combination item; and
 (b) the quantity of the common drug in the existing brand of the combination item.

Modified meaning of the same manner of administration
 (7) For the purposes of this section, the existing brand of the combination item has the same manner of administration as a pharmaceutical item that is not a combination item (the non‑combination item) if the manner of administration set out in a determination under subsection 85(5) for the combination item, to the extent that the manner of administration relates to the common drug, is the same as the manner of administration set out in a determination under subsection 85(5) for the non‑combination item.

Claimed price reduction
 (8) If, on the day before the reduction day, a determination under subsection 85B(3) specified a claimed price (the previous claimed price) for a particular pack quantity of the existing brand of the combination item, the Minister may, in a determination under subsection 85B(3), specify a claimed price (the new claimed price) for the existing brand of the combination item that comes into force on the reduction day.
 (9) The new claimed price must not exceed the old claimed price reduced by the percentage worked out as follows:
where:
AEMP1 means the amount of the approved ex‑manufacturer price of the existing brand of the combination item on the day before the reduction day.
AEMP2 means the approved ex‑manufacturer price of the existing brand of the combination item on the reduction day.

Back‑capture reduction day
 (10) Paragraph (1)(f) has effect as if the last application of section 99ADH to a brand of a pharmaceutical item that occurred before 1 April 2016 had occurred instead on the back‑capture reduction day.
 (11) The back‑capture reduction day is:
 (a) unless paragraph (b) applies—1 October 2016; or
 (b) a day after 1 October 2016 determined by the Minister by legislative instrument made before 1 October 2016.
 (12) Subsection (10) does not apply in relation to a brand of pharmaceutical item if section 99ADH applied to any brand of the pharmaceutical item on 1 April 2016 or 1 October 2016.

Section does not limit Minister's powers
 (13) This section does not limit the Minister's powers, after the reduction day, to make further price agreements or determinations under section 85B in relation to the existing brand of the combination item.