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NATIONAL HEALTH ACT 1953 - SECT 99ACNA

Catch - up price reduction for certain drugs--meaning of previous price reduction under this Division

  (1)   For the purposes of the application of section   99ACN to a brand (the relevant brand ) of a pharmaceutical item, previous price reduction under this Division means:

  (a)   a reduction, on or before the catch - up price reduction day, in the approved ex - manufacturer price of the relevant brand or another brand of the pharmaceutical item under this Division (expressed as a percentage) (other than a reduction attributable to section   99ACN); or

  (b)   in the case of a reduction, on or before the catch - up price reduction day, in the approved ex - manufacturer price of the relevant brand or another brand of the pharmaceutical item under subsection   99ACF(2)--the reduction in the approved ex - manufacturer price of the relevant brand or the other brand of the pharmaceutical item (expressed as a percentage) that would have occurred under subsection   99ACF(1) if paragraph   (b) of that subsection were disregarded; or

  (c)   in the case of a reduction, on or before the catch - up price reduction day, in the approved ex - manufacturer price of the relevant brand or another brand of the pharmaceutical item under subsection   99ACR(4)--the reduction in the approved ex - manufacturer price of the relevant brand or the other brand of the pharmaceutical item (expressed as a percentage) that would have occurred under subsection   99ACR(3) if subsection   99ACR(4) did not apply; or

  (d)   a 12.5% administrative price reduction that applied, on or before the catch - up price reduction day, to the relevant brand or another brand of the pharmaceutical item.

  (2)   For the purposes of this section:

  (a)   a reduction in the agreed price of a brand of the pharmaceutical item is taken to be a reduction in the approved ex - manufacturer price of the brand of the pharmaceutical item; and

  (b)   a reduction in the determined price of a brand of the pharmaceutical item is taken to be a reduction in the approved ex - manufacturer price of the brand of the pharmaceutical item; and

  (c)   a reduction before 1   October 2012 in the approved price to pharmacists (within the meaning of this Part as it stood before 1   October 2012) of a brand of the pharmaceutical item is taken to be a reduction in the approved ex - manufacturer price of the brand of the pharmaceutical item.

  (3)   A reference in this section to the approved ex - manufacturer price of a brand of a pharmaceutical item being reduced under subsection   99ACR(4) is to be read as a reference to that subsection applying to the brand of the pharmaceutical item.

  (4)   A reference in this section to this Division includes this Division as in force at any time before the commencement of this section.

  (5)   In this section, the catch - up price reduction day is 1   April 2023.



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