(1) The Minister may, by legislative instrument, determine that a person is the responsible person for a brand of a pharmaceutical item if:
(a) the person notified the Minister that the person is or will be the supplier of the brand of the pharmaceutical item to:
(i) wholesalers; or
(ii) in the case of a supply where wholesalers are not involved--approved pharmacists directly; and
(b) the brand of the pharmaceutical item is a listed brand; and
(c) there is no determination in force under this section that another person is the responsible person for:
(i) the brand of the pharmaceutical item; or
(ii) the brand of any other pharmaceutical item.
(2) The notification referred to in paragraph (1)(a) may be made before or after the commencement of this section.