Document ID: chunk:federal_register_of_legislation:C2025C00090:section:99adb:p2
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 99ADB (pt 2/2)
Character Range: 383681–385674

so worked out is taken to be the approved ex‑manufacturer price of the brand of the pharmaceutical item on the relevant day.

Weighted average disclosed price
 (4) The Minister may, by legislative instrument, determine the weighted average disclosed price of a brand of a pharmaceutical item in accordance with the regulations.
 (6) Without limiting subsection (4), the regulations may prescribe a method or formula for determining the weighted average disclosed price of a brand of a pharmaceutical item. The method or formula prescribed may take into account information (if any) that has been provided in compliance with the price disclosure requirements, and any other information, about:
 (a) the brand of the pharmaceutical item; and
 (b) other brands of the pharmaceutical item; and
 (c) all brands (including the brand) of all pharmaceutical items that have the same drug and manner of administration as the pharmaceutical item.
 (6A) The regulations may prescribe information that the method or formula must not take into account (including information that has been provided in compliance with the price disclosure requirements). Information prescribed for the purposes of this section may include information relating to originator brands.
 (6B) The Minister may, by legislative instrument, determine that a brand of a pharmaceutical item that has a drug on F2 is an originator brand.
 (6C) In deciding whether to determine that a brand of a pharmaceutical item is an originator brand, the Minister must have regard to whether, when the brand of the pharmaceutical item was first determined under subsection 85(6):
 (a) the drug in the pharmaceutical item was on F1; or
 (b) subsection 85AB(5) applied to the drug.
 (6D) Subsection (6C) does not apply if the drug is on F2 on 31 March 2016.
 (7) A determination made under subsection (4) in relation to a brand of a pharmaceutical item may include the adjusted approved ex‑manufacturer price of the brand of the pharmaceutical item.