Document ID: chunk:federal_register_of_legislation:C2012A00087:clause:2_4
Version: federal_register_of_legislation:C2012A00087
Segment Type: clause
Provision Reference: sch 2 cl 4
Character Range: 49390–50466

4  Before subsection 99ADB(4)
Insert:

Applicable approved ex‑manufacturer price
 (3A) The applicable approved ex‑manufacturer price of a brand of a pharmaceutical item is the approved ex‑manufacturer price of the brand on the relevant day.
 (3B) For the purposes of subsection (3A), if:
 (a) apart from this subsection, the brand of the pharmaceutical item would not have an approved ex‑manufacturer price on the relevant day; and
 (b) the brand of the pharmaceutical item has an approved ex‑manufacturer price before the first reduction day that:
 (i) is determined under paragraph 99ADH(1)(aa) in relation to the brand of the pharmaceutical item; and
 (ii) occurs after the relevant day;
then:
 (c) the regulations may prescribe the approved ex‑manufacturer price, or a method or formula for working out the approved ex‑manufacturer price, of the brand of the pharmaceutical item on the relevant day; and
 (d) if the regulations do so, the amount so worked out is taken to be the approved ex‑manufacturer price of the brand of the pharmaceutical item on the relevant day.