Document ID: chunk:federal_register_of_legislation:C2021A00139:clause:1_28
Version: federal_register_of_legislation:C2021A00139
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 10313–11306

28  Subsections 99ACB(6A) and (6B)
Repeal the subsections, substitute:

Ministerial discretion not to apply, or to reduce, statutory price reduction
 (6A) The Minister may, by notifiable instrument, determine that:
 (a) the agreed price of the new brand of the trigger item that comes into force on the determination day is to be equal to the approved ex‑manufacturer price, on the day before the determination day, of the existing brand of the existing item; or
 (b) the agreed price of the new brand of the trigger item that comes into force on the determination day must not exceed the approved ex‑manufacturer price, on the day before the determination day, of the existing brand of the existing item, reduced by a lower percentage than would otherwise result from the operation of subsection (5) or (5A) in relation to the determination day.
 (6B) If the Minister makes a determination under paragraph (6A)(a), subsections (5) and (5A) are taken not to have applied to the trigger item.