Document ID: chunk:federal_register_of_legislation:C2012A00087:clause:1_73
Version: federal_register_of_legislation:C2012A00087
Segment Type: clause
Provision Reference: sch 1 cl 73
Character Range: 38214–40554

73  Price agreements for single brands of combination items
(1) This item applies to a brand (the relevant brand) of a pharmaceutical item that is a combination item if:
 (a) on the commencement day, subsection 85AB(5) of the new Act applies to the drug in a combination item; and
 (b) on both the commencement day and the day before that day, the relevant brand of the combination item is the only listed brand of the combination item; and
 (c) on the commencement day or the day before that day, there is or was no listed brand of another combination item that:
 (i) is bioequivalent or biosimilar to the relevant brand of the combination item; and
 (ii) has the same manner of administration as the relevant brand of the combination item; and
 (d) on the day before the commencement day, a price agreement (the existing price agreement) was in force for the relevant brand of the combination item.
(2) The existing price agreement ceases to have effect at the end of the day before the commencement day.
(3) The Minister may make a new agreement under subsection 85AD(1) of the new Act that comes into force on the commencement day.
(4) For the purposes of subitem (3), in agreeing the approved ex‑manufacturer price of the relevant brand of the combination item under the new agreement the Minister must take into account, in relation to each listed component drug in the combination item:
 (a) the approved ex‑manufacturer price, on the commencement day, of each brand of a pharmaceutical item that:
 (i) has the listed component drug in the combination item; and
 (ii) has the same manner of administration as the relevant brand of the combination item; and
 (b) the quantity of the listed component drug in the combination item.
(5) For the purposes of subitem (3), if the Pharmaceutical Benefits Advisory Committee has given advice to the Minister under subsection 101(4AC) of the old Act in relation to the combination item, then the Minister may take that advice into account in agreeing the approved ex‑manufacturer price of the relevant brand of the combination item under the new agreement.
(6) This item does not limit the Minister's powers, after the commencement day, to make further price agreements in relation to the brand of the combination item.

Division 4—Converting claimed prices of brands of pharmaceutical items