Document ID: chunk:federal_register_of_legislation:C2025C00090:section:9:p2
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 9 (pt 2/3)
Character Range: 355239–357933

subsection 85B(3) was in force in relation to a particular pack quantity of the listed brand of the pharmaceutical item—the claimed price for that pack quantity of the brand of the pharmaceutical item does not exceed the claimed price for the same pack quantity of the brand of the pharmaceutical item in force on the day before the reduction day, reduced by more than the percentage or method specified in column 3 of the table for the section or subsection referred to in column 2.

Apportioning if pricing quantity changes
 (2A) If the pricing quantity of the listed brand of the pharmaceutical item on the day before the reduction day is different from the pricing quantity of the listed brand of the pharmaceutical item on the reduction day, then, for the purposes of subsection (1) and paragraph (2)(b), the approved ex‑manufacturer price of the listed brand of the pharmaceutical item on the day before the reduction day is taken to be the amount worked out as follows:

where:
AEMP1 means the amount that was the approved ex‑manufacturer price of the listed brand of the pharmaceutical item on the day before the reduction day.
PQ1 means the pricing quantity of the listed brand of the pharmaceutical item on the day before the reduction day.
PQ2 means the pricing quantity of the listed brand of the pharmaceutical item on the reduction day.

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 notifiable 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 an item 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 an item 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 an item 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