Document ID: chunk:federal_register_of_legislation:C2012A00087:clause:1_72:p1
Version: federal_register_of_legislation:C2012A00087
Segment Type: clause
Provision Reference: sch 1 cl 72 (pt 1/2)
Character Range: 35460–38069

72  When price agreements or determinations are not preserved under item 68 or 69
(1) Items 68 and 69 do not apply to continue in force a price agreement (the relevant agreement) or price determination (the relevant determination) in relation to a brand of a pharmaceutical item that was in force on the day before the commencement day if:
 (a) a new price agreement in relation to the brand of the pharmaceutical item comes into force on the commencement day under subsection 85AD(1) of the new Act; or
 (b) a new price determination in relation to the brand of the pharmaceutical item comes into force on the commencement day under subsection 85B(2) of the new Act; or
 (c) item 73 (which is about single brands of combination items) applies to the brand of the pharmaceutical item; or
 (d) both of the following subparagraphs apply:
 (i) there was another price agreement or price determination in relation to the brand of the pharmaceutical item in force on the day before the commencement day;
 (ii) the amount in force under that other agreement or determination was agreed or determined by reference to a quantity of the brand of the pharmaceutical item that is equal to the pricing quantity of the brand of the pharmaceutical item on the commencement day.
(2) Item 68 also does not apply to continue in force the relevant agreement if:
 (a) there was another price agreement in relation to the brand of the pharmaceutical item in force on the day before the commencement day; and
 (b) the amount in force under that other agreement was agreed by reference to a quantity of the brand of the pharmaceutical item that is less than the quantity by which the amount of the relevant agreement was agreed.
(3) Item 69 also does not apply to continue in force the relevant determination if:
 (a) there was a price agreement in relation to the brand of the pharmaceutical item in force on the day before the commencement day; or
 (b) both of the following subparagraphs apply:
 (i) there was another price determination in relation to the brand of the pharmaceutical item in force on the day before the commencement day;
 (iii) the amount in force under that other determination was determined by reference to a quantity of the brand of the pharmaceutical item that is less than the quantity by which the amount of the relevant determination was determined.
(4) If, because of subitem (1), (2) or (3), item 68 or 69 does not apply to continue in force the relevant agreement or relevant determination, then the relevant agreement or relevant determination ceases to have effect at the end of the day before the