Document ID: chunk:federal_register_of_legislation:C2007A00111:clause:1_99ael
Version: federal_register_of_legislation:C2007A00111
Segment Type: clause
Provision Reference: sch 1 cl 99AEL
Character Range: 94629–96630

99AEL  Minister may determine price disclosure election is revoked if guaranteed brand delisted

 (1) This section applies if:
 (a) under section 99AEH, the Minister revokes or varies a determination under subsection 85(6) in relation to a brand (the delisted brand) of a pharmaceutical item (the existing item); and
 (b) the delisted brand of the existing item was the mandatory brand of the mandatory item referred to in section 99ADD; and
 (c) other brands (the volunteered brands) of pharmaceutical items (the volunteered items) were the volunteered brands of the volunteered items referred to in section 99ADE in the application of that section resulting from the delisted brand of the existing item being the mandatory brand of the mandatory item; and
 (d) the responsible person for the volunteered brands of the volunteered items made an election under section 99ADE in relation to the volunteered brands of the volunteered items; and
 (e) when the responsible person made the election:
 (i) the responsible person was not required to comply with the price disclosure requirements under Division 3B for the volunteered brands of the volunteered items; and
 (ii) the responsible person could not, because of an application of section 99ADE resulting from a brand of pharmaceutical item (other than the delisted brand of the existing item) being the mandatory brand of the mandatory item, have made an election under that section in relation to the volunteered brands of the volunteered items; and
 (f) that election is in force; and
 (g) the responsible person requests the Minister to determine that the election is revoked.

 (2) The Minister may determine that the election is revoked.

 (3) If the Minister makes a determination under subsection (2), the election is taken to have been revoked on the day specified in the determination, being a day that is on or after the day the determination comes into force.

 (4) A determination under subsection (2) is not a legislative instrument.