Document ID: chunk:federal_register_of_legislation:C2025C00090:section:99acc:p2
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 99ACC (pt 2/3)
Character Range: 333733–336539

less than the amount (the capped price) equal to:
 (i) 40% of the approved ex‑manufacturer price of a listed brand of the combination item on 1 January 2016; or
 (ii) if subparagraph (i) does not apply—40% of the original approved ex‑manufacturer price of the first listed brand of the combination item;
the approved ex‑manufacturer price of the single brand of the combination item is taken to be reduced under subsection (2) to an amount equal to the capped price.
 (5B) If the approved ex‑manufacturer price mentioned in subparagraph (5A)(b)(i) or (ii) is by reference to a different pricing quantity than the pricing quantity on the reduction day, the approved ex‑manufacturer price mentioned in that subparagraph is taken to be the amount that the approved ex‑manufacturer price would have been had the pricing quantity been the same as the pricing quantity on the reduction day.

Ministerial discretion not to apply, or to reduce, statutory price reduction
 (5C) In relation to the single brand of the combination item, the Minister may, by notifiable instrument, determine that:
 (a) the approved ex‑manufacturer price, and (if applicable) the claimed price, is not to be reduced under subsection (2) or (5), as the case requires, in relation to a particular reduction day; or
 (b) the approved ex‑manufacturer price, and (if applicable) the claimed price, is to be reduced by a lower percentage than would otherwise apply under subsection (2) or (5), as the case requires, in relation to a particular reduction day.
 (5D) In making a determination under subsection (5C):
 (a) the Minister must take into account what the approved ex‑manufacturer price, and (if applicable) the claimed price, of the single brand of the combination item would otherwise be under this section in relation to the particular reduction day if a determination were not made; and
 (b) the Minister may take into account:
 (i) any advice given to the Minister under subsection 101(4AC) in relation to the combination item; and
 (ii) any other matter the Minister thinks is relevant.
 (5E) If the Minister makes a determination under subsection (5C), the approved ex‑manufacturer price of the single brand of the combination item is not to be further reduced under this section on any reduction day that occurs after the reduction day specified in the determination made under subsection (5C).

Section does not limit Minister's powers
 (5F) This section does not limit the Minister's powers, on or after the reduction day, to make:
 (a) further price agreements; or
 (b) determinations under section 85B;
for the single brand of the combination item.

Subject to statutory price reduction etc.
 (6) The following provisions have effect:
 (a) a listed component drug contained in a drug in a combination item becomes subject