Document ID: chunk:federal_register_of_legislation:C2022C00026:clause:2_11
Version: federal_register_of_legislation:C2022C00026
Segment Type: clause
Provision Reference: sch 2 cl 11
Character Range: 34100–35762

11  Before subsection 99ACF(4)
Insert:

Ministerial discretion not to apply, or to reduce, statutory price reduction
 (3) In relation to a listed brand of a pharmaceutical item, the Minister may, by written instrument, determine that:
 (a) the approved ex‑manufacturer price is, or (if applicable) one or more claimed prices are, not to be reduced under a provision mentioned in items 2 to 6 of the table in subsection (1) (the specified provision) in relation to a particular reduction day; or
 (b) the approved ex‑manufacturer price is, or (if applicable) one or more of the claimed prices are, to be reduced by a lower percentage than would otherwise apply under a provision mentioned in items 2 to 6 of the table in subsection (1) (the specified provision) in relation to a particular reduction day.
 (3A) In making a determination in relation to the application of item 2, 3, 4, 5, or 6 of the table in subsection (1):
 (a) the Minister must take into account what the approved ex‑manufacturer price, and (if applicable) each of the claimed prices, of the listed brand of the pharmaceutical 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.
 (3B) If the Minister makes a determination in relation to a specified provision, the approved ex‑manufacturer price is, and (if applicable) each of the claimed prices are, not to be further reduced under that specified provision on any reduction day that occurs after the reduction day specified in the determination made under subsection (3).