Document ID: chunk:federal_register_of_legislation:C2007A00111:clause:1_99aei
Version: federal_register_of_legislation:C2007A00111
Segment Type: clause
Provision Reference: sch 1 cl 99AEI
Character Range: 90890–92642

99AEI  Minister may increase approved price to pharmacists etc. if guaranteed brand delisted

 (1) This section applies if, under section 99AEH, the Minister revokes or varies a determination under subsection 85(6) in relation to a brand (the delisted brand) of a pharmaceutical item (the existing item).

 (2) Without limiting any power the Minister may otherwise have under this Part, the Minister may:
 (a) under section 85AD, make or vary a price agreement to increase the agreed price; or
 (b) under section 85B, make or vary a determination to increase the determined price and the claimed price;
for a brand of a pharmaceutical item that has an approved price to pharmacists that was reduced because the delisted brand of the existing item was:
 (c) the new brand of the trigger item referred to in section 99ACB; or
 (d) the new brand of the trigger combination item referred to in section 99ACD; or
 (e) the guaranteed brand of the guaranteed item under subsection 99AED(2).

 (3) If the Minister exercises the power referred to in subsection (2), then the Minister may, by legislative instrument, determine that:
 (a) if subsection 99ACB(1) applied to the delisted brand of the existing item—for the purposes of subsection 99ACB(3), subsection 99ACB(1) is taken not to have applied to the delisted brand of the existing item; or
 (b) if subsection 99ACD(1) applied to the delisted brand of the existing item—for the purposes of subsection 99ACD(2), subsection 99ACD(1) is taken not to have applied to the delisted brand of the existing item.

 (4) If the Minister makes a determination under subsection (3), the determination has effect on the day specified in the determination, being a day on or after the determination comes into force.