Document ID: chunk:federal_register_of_legislation:C2007A00111:clause:1_96
Version: federal_register_of_legislation:C2007A00111
Segment Type: clause
Provision Reference: sch 1 cl 96
Character Range: 101088–102451

96  Transitional provision—determinations under subsection 85(6) of the National Health Act 1953

(1) This item applies if, on the day before this Schedule commences, a determination (the brand determination) under subsection 85(6) of the National Health Act 1953 was in force in relation to a drug or medicinal preparation (the drug) in a form in relation to which a declaration under subsection 85(2), and a determination under subsection 85(3), of that Act was in force on that day.

(2) The brand determination is taken to have been in force on that day in relation to a pharmaceutical item that has the drug in that form for the purposes of the following:
 (aa) subsections 85AB(4) and (5);
 (a) subsections 99ACB(1), (5) and (6);
 (b) subsection 99ACC(1);
 (c) subsections 99ACD(1), (5) and (7);
 (d) subsections 99ACE(2), (3) and (4);
 (e) subsections 99ACF(1) and (2);
 (f) subsection 99ADD(1);
 (g) subsection 99AEC(2).

(3) If the determination day or reduction day referred to in subsection 99ACB(1), 99ACC(1), 99ACD(1), 99ADD(1) or 99AEC(2) is the day this Schedule commences, then:
 (a) subparagraphs 99ACC(1)(e)(ii) and 99ACD(1)(c)(iv) are to be disregarded; and
 (b) subparagraphs 99ACB(1)(c)(iii), 99ADD(1)(d)(iii) and 99AEC(2)(c)(iii) are to be disregarded to the extent that they refer to the manner of administration of a pharmaceutical item.