Document ID: chunk:federal_register_of_legislation:C2012A00087:clause:1_77
Version: federal_register_of_legislation:C2012A00087
Segment Type: clause
Provision Reference: sch 1 cl 77
Character Range: 44441–46906

77  Application of amendments and transitional provision relating to price disclosure

Application
(1) The amendments made by items 52 to 61 of this Schedule apply on and after the commencement day in relation to supplies of pharmaceutical benefits made before, on or after that day.

Transitional provision
(2) The Minister may, for the purposes of determining the weighted average disclosed price of the brand of the pharmaceutical item under subsection 99ADB(4) of the new Act after the commencement day, work out the amount of that weighted average disclosed price by reference to information about supplies of pharmaceutical items before or on the commencement day.
(3) Subject to subitems (4) and (5), if:
 (a) before the commencement day, the Minister determines the weighted average disclosed price of the brand of the pharmaceutical item under subsection 99ADB(4) of the old Act; and
 (b) before the commencement day, the Minister determines a reduction day for the brand of the pharmaceutical item for the purposes of section 99ADH of the old Act; and
 (c) the reduction day is after the commencement day;
then, for the purposes of applying section 99ADH of the new Act to the brand of the pharmaceutical item on or after the commencement day, the adjusted approved ex‑manufacturer price of the brand of the pharmaceutical item on the reduction day referred to in paragraph (b) is the amount equal to the amount of the weighted average disclosed price of the brand of the pharmaceutical item referred to in paragraph (a).
(4) If, on or after the commencement day, the Minister:
 (a) revokes the determination referred to in paragraph (3)(a); and
 (b) determines a new weighted average disclosed price of the brand of the pharmaceutical item under subsection 99ADB(4) of the new Act;
then a reference in subitem (3) to the weighted average disclosed price of the brand of the pharmaceutical item is taken to be a reference to the new weighted average disclosed price referred to in paragraph (a) of this subitem.
(5) If, on or after the commencement day, the Minister:
 (a) revokes the determination referred to in paragraph (3)(b); and
 (b) determines a new reduction day for the brand of the pharmaceutical item for the purposes of section 99ADH of the new Act;
then a reference in subitem (3) to the reduction day of the brand of the pharmaceutical item is taken to be a reference to the new reduction day referred to in paragraph (b) of this subitem.