Document ID: chunk:federal_register_of_legislation:C2025C00090:section:99acb:p4
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 99ACB (pt 4/5)
Character Range: 326678–329392

price mentioned in paragraph (5A)(a) or (b) is by reference to a different pricing quantity than the pricing quantity on the day before the determination day, the approved ex‑manufacturer price mentioned in that paragraph 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 day before the determination day.

Apportioning if pricing quantity changes
 (6) If the pricing quantity of the existing brand of the existing item on the day before the determination day is different from the pricing quantity of the existing brand of the existing item on the determination day, then, for the purposes of subsections (5) and (5A), the approved ex‑manufacturer price of the existing brand of the existing item on the day before the determination day is taken to be the amount worked out as follows:

where:
AEMP1 means the amount that was the approved ex‑manufacturer price of the existing brand of the existing item on the day before the determination day.
PQ1 means the pricing quantity of the existing brand of the existing item on the day before the determination day.
PQ2 means the pricing quantity of the existing brand of the existing item on the determination day.

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.
 (6C) In making a determination under subsection (6A):
 (a) the Minister must take into account what the agreed price of the new brand of the trigger item would otherwise be under this section in relation to the particular determination day if a determination were not made; and
 (b) the Minister may take into account any other matter that the Minister considers relevant.

Section does not limit Minister's powers
 (7) This section does not limit the Minister's powers, after the determination day, to make:
 (a) further price