Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 99ACQ

  (1)   This section applies to a brand (the existing brand ) of a pharmaceutical item if:

  (a)   subsection   99ACB(5) or (5A) or 99ACD(5) or (5A) has applied to the agreed price for a brand (the new brand ) of the pharmaceutical item; and

  (b)   that price comes into force on a day (the reduction day ); and

  (c)   on the day before the reduction day, the existing brand of the item was a listed brand of the item.

Note:   See also section   99ACG.

  (2)   On the reduction day, the approved ex - manufacturer price of the existing brand of the item is taken to be reduced to an amount equal to the approved ex - manufacturer price of the new brand.

  (3)   If the approved ex - manufacturer price of the existing brand of the item is reduced under subsection   (2), then, on the reduction day, the claimed price (if any) of the existing brand is taken to be reduced by a percentage equal to the percentage by which the approved ex - manufacturer price of the existing brand of the item is reduced under subsection   (2).

Section does not limit Minister's powers

  (4)   This section does not limit the Minister's powers, on or after the reduction day, to make:

  (a)   further price agreements; or

  (b)   determinations under section   85B;

for the existing brand of the item.