Document ID: chunk:federal_register_of_legislation:C2025C00090:section:98baa
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 98BAA
Character Range: 270230–272600

98BAA  Tribunal must give effect to certain agreements

Agreements relating to Commonwealth price
 (1) Despite anything else contained in this Part, where the Minister (acting on the Commonwealth's behalf) and the Pharmacy Guild of Australia or another pharmacists' organisation that represents a majority of approved pharmacists have entered into an agreement in relation to the manner in which the Commonwealth price of all or any pharmaceutical benefits is to be ascertained for the purpose of payments to approved pharmacists in respect of the supply by them of pharmaceutical benefits, the Tribunal, in making a determination under paragraph 98B(1)(a) while the agreement is in force, must give effect to the terms of that agreement.

Agreements relating to ACSS payment
 (1A) Despite anything else contained in this Part, where the Minister (acting on the Commonwealth's behalf) and the Pharmacy Guild of Australia, or another pharmacists' organisation that represents a majority of approved pharmacists, have entered into an agreement in relation to:
 (a) the kinds of supplies by approved pharmacists of pharmaceutical benefits (if any) that are ACSS eligible supplies; and
 (b) the amount (which may be nil) of the ACSS payment for any or all ACSS eligible supplies, or the manner in which that amount is to be worked out;
the Tribunal, in making a determination under paragraph 98B(1)(b) while the agreement is in force, must give effect to the terms of that agreement.

No inquiries while Commonwealth price agreement in force
 (2) Where:
 (a) at the time an agreement referred to in subsection (1) is entered into, an inquiry under section 98BA is being held or such an inquiry has been completed but the Tribunal has not issued a statement under subsection 98BD(1); or
 (b) such an agreement was in force immediately before the commencement of this section and at that time such an inquiry was being held or such an inquiry had been completed but the Tribunal had not issued a statement under subsection 98BD(1);
the Tribunal must terminate the inquiry or, in a case where the inquiry has been completed but a statement has not been so issued, take no further action for the purposes of that inquiry.
 (3) Section 98BA does not apply while there is in force an agreement referred to in subsection (1) except so far as otherwise provided in that agreement.