Document ID: chunk:federal_register_of_legislation:C2022C00026:clause:1_34
Version: federal_register_of_legislation:C2022C00026
Segment Type: clause
Provision Reference: sch 1 cl 34
Character Range: 24968–27576

34  Subsections 99ACE(5), (5A) and (5B)
Repeal the subsections, substitute:

Ministerial discretion not to apply, or to reduce, statutory price reduction
 (5) For the purposes of paragraph (3)(a) or (c) or (4)(a) or (c), the Minister may, by written instrument, determine that the relevant approved ex‑manufacturer price mentioned in the relevant paragraph is to be worked out using a lower percentage (including zero %) specified in the determination.
 (5A) For the purposes of paragraph (3)(b) or (d) or (4)(b) or (d), the Minister may, by written instrument, determine that the relevant approved ex‑manufacturer price mentioned in the relevant paragraph is to be worked out using a higher percentage specified in the determination.
 (5B) In making a determination under subsection (5) or (5A):
 (a) the Minister must take into account what the approved ex‑manufacturer price of the related brand of the related 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 any other matter that the Minister considers relevant.
 (5C) If the Minister makes a determination under subsection (5) or (5A), the agreed price or determined price of the related brand of the related item is not to be further reduced under this section on any reduction day that occurs after the reduction day specified in the relevant determination.
 (5D) For the purposes of paragraph (4A)(a), the Minister may, by written instrument, determine that the claimed price mentioned in that paragraph is to be worked out using a lower percentage (including zero %) specified in the determination.
 (5E) For the purposes of paragraph (4A)(b), the Minister may, by written instrument, determine that the claimed price mentioned in that paragraph is to be worked out using a higher percentage specified in the determination.
 (5F) In making a determination under subsection (5D) or (5E):
 (a) the Minister must take into account what the claimed price for the pack quantity of the related brand of the related 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 any other matter that the Minister considers relevant.
 (5G) If the Minister makes a determination under subsection (5D) or (5E), the claimed price for the pack quantity of the related brand of the related item is not to be further reduced under this section on any reduction day that occurs after the reduction day specified in the relevant determination.