Document ID: chunk:federal_register_of_legislation:C2021A00139:clause:1_80
Version: federal_register_of_legislation:C2021A00139
Segment Type: clause
Provision Reference: sch 1 cl 80
Character Range: 42585–45282

80  Subsections 99ADHB(2) to (6)
Repeal the subsections, substitute:

Price reduction
 (2) Subject to subsections (6) and (6B), on the reduction day, the approved ex‑manufacturer price of the existing brand of the combination item is taken to be reduced in accordance with a method prescribed by the regulations.
 (3) Different methods may be prescribed by the regulations for different classes of combination items.
 (4) Subsection (3) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.
 (5) Subject to subsection (6), if the approved ex‑manufacturer price of the existing brand of the combination item is reduced under subsection (2), then, on the reduction day, the claimed price (if any) of the existing brand of the combination item is taken to be reduced by a percentage equal to the percentage by which the approved ex‑manufacturer price of the existing brand of the combination item is reduced under subsection (2).

Ministerial discretion not to apply, or to reduce, statutory price reduction
 (6) In relation to the existing brand of the combination item, the Minister may, by notifiable instrument, determine that:
 (a) the approved ex‑manufacturer price, and (if applicable) the claimed price, is not to be reduced under subsection (2) or (5), as the case requires, in relation to a particular reduction day; or
 (b) the approved ex‑manufacturer price, and (if applicable) the claimed price, is to be reduced by a lower percentage than would otherwise apply under subsection (2) or (5), as the case requires, in relation to a particular reduction day.
 (6A) In making a determination under subsection (6):
 (a) the Minister must take into account what the approved ex‑manufacturer price, and (if applicable) the claimed price, of the existing brand of the combination item would otherwise be under this section in relation to the particular reduction day if a determination were not made; and
 (b) the Minister may take into account:
 (i) any advice given to the Minister under subsection 101(4AC) in relation to the combination item; and
 (ii) any other matter the Minister thinks is relevant.
 (6B) If the Minister makes a determination under subsection (6), the approved ex‑manufacturer price of the existing brand of the combination item is not to be further reduced under this section on any reduction day that occurs after the reduction day specified in the determination made under subsection (6).

Section does not limit Minister's powers
 (6C) This section does not limit the Minister's powers, on or after the reduction day, to make:
 (a) further price agreements; or
 (b) determinations under section 85B;
for the existing brand of the combination item.