Document ID: chunk:federal_register_of_legislation:C2008A00049:clause:1_5
Version: federal_register_of_legislation:C2008A00049
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 3914–5345

5  After subsection 84AE(3)
Insert:

 (3A) The Minister may, by legislative instrument, vary or revoke a determination under subsection (3) so that all brands (the co‑marketed brands) that are co‑marketed brands of a pharmaceutical item (the co‑marketed item) cease to be co‑marketed brands of the co‑marketed item if:
 (a) any of the co‑marketed brands is not a listed brand of the co‑marketed item; or
 (b) another brand is a listed brand of the co‑marketed item; or
 (c) if there is another pharmaceutical item that has the same drug as the co‑marketed item:
 (i) any of the co‑marketed brands is not a listed brand of that pharmaceutical item; or
 (ii) another brand is a listed brand of that pharmaceutical item.

 (3B) The Minister may, by legislative instrument, determine that all brands (the co‑marketed brands) that are prescribed by the regulations as being co‑marketed brands of a pharmaceutical item (the co‑marketed item) cease to be co‑marketed brands of the co‑marketed item if:
 (a) any of the co‑marketed brands is not a listed brand of the co‑marketed item; or
 (b) another brand is a listed brand of the co‑marketed item; or
 (c) if there is another pharmaceutical item that has the same drug as the co‑marketed item:
 (i) any of the co‑marketed brands is not a listed brand of that pharmaceutical item; or
 (ii) another brand is a listed brand of that pharmaceutical item.

Part 2—Application of amendments