Document ID: chunk:federal_register_of_legislation:C2025C00090:section:99acr:p2
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 99ACR (pt 2/2)
Character Range: 377664–379864

item on the day before the reduction day is different from the pricing quantity of the related brand of the related item on the reduction day, then, for the purposes of subsection (3) and paragraph (4)(a), the approved ex‑manufacturer price of the related brand of the related item on the day before the reduction day is taken to be the amount worked out using the following formula:
where:
AEMP1 means the amount that was the approved ex‑manufacturer price of the related brand of the related item on the day before the reduction day.
PQ1 means the pricing quantity of the related brand of the related item on the day before the reduction day.
PQ2 means the pricing quantity of the related brand of the related item on the reduction day.

Ministerial discretion not to apply, or to reduce, flow‑on price reduction
 (6) In relation to the related brand of the related 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 (3) 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 (3) in relation to a particular reduction day.
 (7) If the Minister makes a determination under paragraph (6)(a), subsection (3) is taken not to have applied to the related brand of the related item.
 (8) In making a determination under subsection (6):
 (a) the Minister must take into account what the approved ex‑manufacturer price, and (if applicable) the claimed 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 the Minister thinks is relevant.

Section does not limit Minister's powers
 (9) 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 related brand of the related item.

Division 3B—Price disclosure

Subdivision A—Preliminary