Document ID: chunk:federal_register_of_legislation:C2025C00090:section:99ael:p2
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 99AEL (pt 2/2)
Character Range: 442534–443844

person's capacity to continue to supply another brand of the pharmaceutical item;
 (d) any other matter the Minister thinks is relevant.
 (5) The refusals referred to in paragraphs (2)(c) and (d) are not legislative instruments.

Meaning of discount or incentive
 (6) For the purposes of this section, discount or incentive, in relation to sales of a brand of a pharmaceutical item, means:
 (a) anything that results in the net revenue for the brand of the pharmaceutical item for a data collection period for the brand of the pharmaceutical item falling below the amount that would have been the net revenue for the brand of the pharmaceutical item for the data collection period if the price charged for the brand of the pharmaceutical item had been equal to the approved ex‑manufacturer price of the brand of the pharmaceutical item; or
 (b) an incentive given in relation to sales of the brand of the pharmaceutical item.
 (7) For the purposes of subsection (6), incentive and net revenue have the same respective meanings as they have when used in regulations made for the purposes of subsection 99ADB(6).
 (8) For the purposes of subsection (6), data collection period has the same meaning as in Division 3B.

Division 4—Provisions relating to members of the Pharmaceutical Benefits Remuneration Tribunal