Document ID: chunk:federal_register_of_legislation:C2017A00128:clause:7_10
Version: federal_register_of_legislation:C2017A00128
Segment Type: clause
Provision Reference: sch 7 cl 10
Character Range: 32504–34029

10  Subsections 286(2) to (6)
Repeal the subsections, substitute:

Determination must be approved by the Minister
 (2) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
 (3) A determination under subsection (1), so far as it relates to paragraph (1)(c), approved by the Minister and as in force from time to time is a pharmaceutical benefits determination.
 (4) Any other determination under subsection (1) approved by the Minister and as in force from time to time is a treatment determination.

Variation or revocation of determinations
 (5) The Commission may, by written determination, vary or revoke a pharmaceutical benefits determination or treatment determination.
 (6) A determination under subsection (5) has no effect unless the Minister has approved it in writing.

Legislative instruments
 (6A) A determination under subsection (1) or (5) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.

Incorporation of other instruments
 (6B) Despite subsection 14(2) of the Legislation Act 2003:
 (a) a determination under subsection (1); or
 (b) a determination under subsection (5) varying a pharmaceutical benefits determination or treatment determination;
may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.