Document ID: chunk:federal_register_of_legislation:C2025C00090:section:101:p3
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 101 (pt 3/5)
Character Range: 517171–520060

(4AACC) If:
 (a) under subsection (4AACB), the Minister proposes to revoke or vary a declaration under subsection 85(2AA) declaring that a drug or medicinal preparation (the drug) can only be supplied under one or more of the prescriber bag provisions; and
 (b) on and after the day the revocation or variation comes into force, the drug could be supplied under this Part otherwise than under one or more of the prescriber bag provisions;
then the Minister can only make the revocation or variation if:
 (c) the Minister also revokes or varies the declaration under subsection 85(2), in accordance with subsections (4AAA), (4AAB) and (4AAC) of this section, so that the drug ceases to be a listed drug on and after the day the revocation or variation of the subsection 85(2) declaration comes into force; or
 (d) the Pharmaceutical Benefits Advisory Committee recommends against the Minister taking the action in paragraph (c).

Functions relating to determinations under subsection 85(6A)
 (4AACD) The Pharmaceutical Benefits Advisory Committee may give advice to the Minister in relation to whether or not the Minister should determine that a brand of a pharmaceutical item is to be treated as equivalent to one or more other brands of pharmaceutical items.

Functions relating to declarations under subsection 85(2A)
 (4AAD) The Pharmaceutical Benefits Advisory Committee must make recommendations to the Minister from time to time as to the drugs and medicinal preparations which it considers should be made available only under special arrangements under section 100.
 (4AAE) The Minister may, by legislative instrument, revoke or vary a declaration under subsection 85(2A) in relation to a drug or medicinal preparation.
 (4AAF) If:
 (a) under subsection (4AAE), the Minister proposes to revoke or vary a declaration under subsection 85(2A) in relation to a drug or medicinal preparation (the drug); and
 (b) on and after the day the revocation or variation comes into force, the drug could be supplied under this Part otherwise than under special arrangements under section 100;
then the Minister can only make the revocation or variation if:
 (c) the Minister also revokes or varies the declaration under subsection 85(2), in accordance with subsections (4AAA), (4AAB) and (4AAC) of this section, so that the drug ceases to be a listed drug on and after the day the revocation or variation of the subsection 85(2) declaration comes into force; or
 (d) the Pharmaceutical Benefits Advisory Committee recommends against the Minister taking the action in paragraph (c).

Function relating to Minister's determination of therapeutic groups
 (4AA) If the Committee is of the opinion that the Minister should, or should not, determine a therapeutic group, the Committee must advise the Minister accordingly.

Function relating to Minister's determination about exempt items
 (4AB) If the