Document ID: chunk:federal_register_of_legislation:C2012A00087:clause:3_12
Version: federal_register_of_legislation:C2012A00087
Segment Type: clause
Provision Reference: sch 3 cl 12
Character Range: 56099–57539

12  After subsection 101(4AAC)
Insert:

Functions relating to declarations under subsection 85(2AA)
 (4AACA) The Pharmaceutical Benefits Advisory Committee must make recommendations to the Minister from time to time as to the drugs and medicinal preparations which it considers should only be supplied under one or more of the prescriber bag provisions.
 (4AACB) The Minister may, by legislative instrument, revoke or vary a declaration under subsection 85(2AA) in relation to a drug or medicinal preparation.
 (4AACC) If:
 (a) under subsection (4AACB), the Minister proposes to revoke or vary a declaration under subsection 85(2AA) declaring that a drug or medicinal preparation (the drug) can only be supplied under one or more of the prescriber bag provisions; and
 (b) on and after the day the revocation or variation comes into force, the drug could be supplied under this Part otherwise than under one or more of the prescriber bag provisions;
then the Minister can only make the revocation or variation if:
 (c) the Minister also revokes or varies the declaration under subsection 85(2), in accordance with subsections (4AAA), (4AAB) and (4AAC) of this section, so that the drug ceases to be a listed drug on and after the day the revocation or variation of the subsection 85(2) declaration comes into force; or
 (d) the Pharmaceutical Benefits Advisory Committee recommends against the Minister taking the action in paragraph (c).