Document ID: chunk:federal_register_of_legislation:C2007A00111:clause:1_99ach
Version: federal_register_of_legislation:C2007A00111
Segment Type: clause
Provision Reference: sch 1 cl 99ACH
Character Range: 56705–58070

99ACH  12.5% statutory price reduction flow‑on to related brands

 (1) If:
 (a) section 99ACB has applied to the agreed price for a brand (the new brand) of a pharmaceutical item (the new item); and
 (b) that price comes into force on a day (the reduction day); and
 (c) on the reduction day, a price agreement or a determination under section 85B is in force in relation to any of the listed brands (the related brand) of a pharmaceutical item (the related item) mentioned in subsection (2); and
 (d) the related item is not a combination item; and
 (e) the related item is not an exempt item;
then this section applies to the related brand of the related item on the reduction day.

 (2) For the purposes of paragraph (1)(c), a related brand of a related item is any of the following:
 (a) another listed brand of the new item;
 (b) a listed brand of another pharmaceutical item that has the same drug and manner of administration as the new item;
 (c) if the drug in the new item is in a therapeutic group—a listed brand of a pharmaceutical item that:
 (i) has another drug that is in that group; and
 (ii) has the same manner of administration as the new brand of the trigger item.

Note: For the purposes of subsection (2), the new brand and the related brand may be the same brand, and the new item and the related item may be the same pharmaceutical item.