Document ID: chunk:federal_register_of_legislation:C2015A00089:clause:1_99adhb:p1
Version: federal_register_of_legislation:C2015A00089
Segment Type: clause
Provision Reference: sch 1 cl 99ADHB (pt 1/3)
Character Range: 11451–14125

99ADHB  Flow on price reductions for brands of combination items

When section applies
 (1) This section applies if:
 (a) there is an approved ex‑manufacturer price (the existing price) in force for a brand (the existing brand) of a combination item; and
 (b) the combination item is not an exempt item; and
 (c) the combination item has a drug on F2; and
 (d) a brand of a pharmaceutical item (the non‑combination item) that is not a combination item has a drug (the common drug) that is in the combination item; and
 (e) the combination item has the same manner of administration as the non‑combination item; and
 (f) on a day (the reduction day) after the day the existing price came into force for the existing brand of the combination item, section 99ADH applied to the brand of the non‑combination item.
Note: The meaning of the same manner of administration is modified for the purposes of this section by subsection (7).

Price reduction
 (2) The existing price ceases to have effect at the end of the day before the reduction day. Each claimed price (if any) for the existing brand of the combination item ceases to be in force at the end of the day before the reduction day.
 (3) The Minister may agree, under a price agreement, or determine under subsection 85B(2), an approved ex‑manufacturer price (the new price) for the existing brand of the combination item that comes into force on the reduction day.
 (4) If the approved ex‑manufacturer price for the existing brand of the combination item would also have been reduced under subsection 99ADH(3) on the reduction day:
 (a) the approved ex‑manufacturer price agreed or determined by the Minister under subsection (3) of this section must not be more than the price under subsection 99ADH(3) (if that subsection applied); and
 (b) subsection 99ADH(3) does not apply to the existing brand of the combination item on the reduction day.
 (5) If the Pharmaceutical Benefits Advisory Committee gives advice to the Minister under subsection 101(4AC) in relation to the combination item, the Minister may have regard to the advice in considering whether the new price should be less than the existing price.
 (6) In deciding whether or not the new price should be less than the existing price, the Minister must also take into account:
 (a) the approved ex‑manufacturer price, on the reduction day, of:
 (i) each brand of each pharmaceutical item that is not a combination item and has the common drug and the same manner of administration as the existing brand of the combination item; and
 (ii) each brand of each pharmaceutical item that is a combination item and has the same drug and manner of administration as