Document ID: chunk:federal_register_of_legislation:C2010A00126:clause:2_99acea:p2
Version: federal_register_of_legislation:C2010A00126
Segment Type: clause
Provision Reference: sch 2 cl 99ACEA (pt 2/2)
Character Range: 14964–16512

the new brand of the trigger item; and
 (b) must not make a determination under section 85B in relation to the new brand of the trigger item.
 (4) Subject to subsection (5), the agreed price for the new brand of the trigger item that comes into force on the reduction day must not exceed the approved price to pharmacists, on the day before the reduction day, of the existing brand of the existing item, reduced by the same amount that the agreed price or determined price of the existing brand of the existing item is reduced by on the reduction day under item 6 or 7 of the table in section 99ACF.

Apportioning if quantities are different
 (5) If:
 (a) the approved price to pharmacists, on the day before the reduction day, of the existing brand of the existing item is for a particular quantity or number of units of that item; and
 (b) the agreed price for the new brand of the trigger item is not for the same quantity or number of units;
then, for the purposes of subsection (3), the approved price to pharmacists of the existing brand of the existing item is taken to be adjusted proportionally to what it would have been if the quantity or number of units of the existing brand of the existing item had been the same as the quantity or number of units of the new brand of the trigger item.

This section does not limit Minister's powers
 (6) This section does not limit the Minister's powers, after the reduction day, to make:
 (a) further price agreements; or
 (b) determinations under section 85B;
for the new brand of the trigger item.