Document ID: chunk:federal_register_of_legislation:C2012A00087:clause:1_74
Version: federal_register_of_legislation:C2012A00087
Segment Type: clause
Provision Reference: sch 1 cl 74
Character Range: 40554–41848

74  Claimed prices
(1) This item applies if:
 (a) a brand (the relevant brand) of a pharmaceutical item is a listed brand of the pharmaceutical item on both the commencement day and the day before that day; and
 (b) a determination in relation to a quantity of the relevant brand of the pharmaceutical item is in force under subsection 85B(3) of the old Act on the day before the commencement day; and
 (c) the quantity is a pack quantity on the commencement day; and
 (d) a determination in relation to that quantity of the relevant brand of the pharmaceutical item does not come into force on the commencement day under subsection 85B(3) of the new Act; and
 (e) before the commencement day, the responsible person for the brand does not notify the Minister, in writing, that the responsible person does not claim a price for that quantity on the commencement day.
(2) Despite the amendment made by item 16, on the commencement day:
 (a) the determination referred to in paragraph (1)(b) is taken to continue in force (and may be dealt with) on and after that day, as if it were made under subsection 85B(3) of the new Act; and
 (b) the claimed price for that quantity of the brand of pharmaceutical item on that day (see item 75) is taken to be the amount in force under the determination.