Document ID: chunk:federal_register_of_legislation:C2022C00026:clause:1_14
Version: federal_register_of_legislation:C2022C00026
Segment Type: clause
Provision Reference: sch 1 cl 14
Character Range: 10006–11343

14  After subsection 99ACB(6)
Insert:

Ministerial discretion not to apply, or to reduce, statutory price reduction
 (6A) For the purposes of subsection (5), the Minister may, by written instrument, determine that the relevant approved ex‑manufacturer price mentioned in that subsection is to be worked out using a lower percentage (including zero %) specified in the determination.
 (6B) For the purposes of paragraphs (5A)(a) and (b), the Minister may, by written instrument, determine that the relevant approved ex‑manufacturer price mentioned in those paragraphs is to be worked out using a higher percentage specified in the determination.
 (6C) In making a determination under subsection (6A) or (6B):
 (a) the Minister must take into account what the agreed price of the new brand of the trigger item would otherwise be under this section in relation to the particular determination day if a determination were not made; and
 (b) the Minister may take into account any other matter that the Minister considers relevant.
 (6D) If the Minister makes a determination under subsection (6A) or (6B), the agreed price of the new brand of the trigger item is not to be further reduced under this section on any determination day that occurs after the determination day specified in the determination made under the relevant subsection.