National Health (Weighted average disclosed price – April 2025 reduction day) Determination 2024

Administered by Department of Health, Disability and Ageing

Legislation au F2024L01748 Not in force Legislative Instrument

Legislation content

National Health (Weighted average disclosed price – April 2025 reduction day) Determination 2024

PB 146 of 2024

made under subsection 99ADB(4) and paragraph 99ADH(1)(aa) of the

National Health Act 1953

Compilation No. 1

Compilation date: 8 March 2025

Includes amendments: F2025L00313

This compilation is in 3 volumes

Volume 1: sections 1–9

Volume 2: Schedule 1

Volume 3: Schedule 2 and Endnotes

About this compilation

This compilation

This is a compilation of the National Health (Weighted average disclosed price – April 2025 reduction day) Determination 2024 that shows the text of the law as amended and in force on 8 March 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

2 Commencement

3 Repeal

4 Authority

5 Definitions

Part 1 – Brands of pharmaceutical items with a weighted average disclosed price; adjusted approved ex-manufacturer price and reduction day

6 Weighted average disclosed price for brands of pharmaceutical items in Schedule 1

7 Adjusted approved ex-manufacturer price for brands of pharmaceutical items

8 Reduction Day

Part 2 – Brands of pharmaceutical items with a weighted average disclosed price

9 Weighted average disclosed price for brands of pharmaceutical items in Schedule 2

Schedule 1 – Brands of pharmaceutical items with a weighted average disclosed price; adjusted approved ex-manufacturer price and reduction day

Schedule 2 – Brands of pharmaceutical items with a weighted average disclosed price and no reduction day

1  Name

 (1) This instrument is the National Health (Weighted average disclosed price – April 2025 reduction day) Determination 2024.

 (2) This instrument may also be cited as PB 146 of 2024.

 

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

 

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Repeal

  The National Health (Weighted average disclosed price – October 2024 reduction day) Determination 2024 (PB 67 of 2024) is repealed.

4  Authority

  This instrument is made under subsection 99ADB(4) and paragraph 99ADH(1)(aa) of the National Health Act 1953.

5  Definitions

Note: A number of expressions used in this instrument are defined in section 99ADB of the Act, including the following:

(a) adjusted approved ex-manufacturer price;

(b) data collection period

(c) unadjusted price reduction;

(d) weighted average disclosed price.

  In this instrument:

Act means the National Health Act 1953.

Part 1 – Brands of pharmaceutical items with a weighted average disclosed price; adjusted approved ex-manufacturer price and reduction day

 

6  Weighted average disclosed price for brands of pharmaceutical items in Schedule 1

 (a) For subsection 99ADB(4) of the Act, the weighted average disclosed price of a brand of pharmaceutical item specified in column 2 of an item in the table to Schedule 1 is the amount specified in column 3 of that table item. 

 (b) Subsection (a) applies in respect of a data collection period for a brand of pharmaceutical item ending on 30 September 2024.

Note: Paragraph 99ADH(1)(a) of the Act applies if, under section 99ADB, the Minister determines the weighted average disclosed price of a brand of a pharmaceutical item in respect of a data collection period for the brand.

7  Adjusted approved ex-manufacturer price for brands of pharmaceutical items

  The adjusted approved ex-manufacturer price of a brand of pharmaceutical item specified in column 2 of the table to Schedule 1 is the amount equal to the amount of the weighted average disclosed price of that brand of pharmaceutical item determined under section 6 of this instrument.

Note: Subsection 99ADB(7) of the Act provides that a determination made under subsection 99ADB(4) in relation to a brand of pharmaceutical item may include the adjusted approved ex-manufacturer price of the brand of pharmaceutical item.

8  Reduction Day

  For paragraph 99ADH(1)(aa) of the Act, a brand of pharmaceutical item specified in column 2 of an item in the table to Schedule 1 has a reduction day of 1 April 2025.

 

Part 2 – Brands of pharmaceutical items with a weighted average disclosed price

 

9  Weighted average disclosed price for brands of pharmaceutical items in Schedule 2

 (a) For subsection 99ADB(4) of the Act, the weighted average disclosed price of a brand of pharmaceutical item specified in column 2 of an item in the table to Schedule 2 is the amount specified in column 3 of that table item.

 (b) Subsection (a) applies in respect of a data collection period for a brand of pharmaceutical item ending on 30 September 2024.

Note: This instrument does not determine a reduction day for paragraph 99ADH(1)(aa) of the Act for a brand

 

Overview

The National Health (Weighted average disclosed price – April 2025 reduction day) Determination 2024 (PB 146 of 2024) was enacted to address the need for adjustments to the weighted average disclosed prices of certain pharmaceutical items as stipulated under the National Health Act 1953. This determination was made by the relevant authority under subsection 99ADB(4) and paragraph 99ADH(1)(aa) of the Act. It aims to ensure that the pricing of pharmaceutical items aligns with the policy objectives of the National Health Act, particularly in terms of managing healthcare costs and ensuring affordability. The determination specifies the weighted average disclosed prices for particular brands of pharmaceutical items and sets a reduction day for these items, which is 1 April 2025. This legislative instrument is a part of the ongoing efforts to refine and regulate the pricing mechanisms for pharmaceutical items under the National Health Act. It replaces the National Health (Weighted average disclosed price – October 2024 reduction day) Determination 2024 (PB 67 of 2024), which has been repealed by this new determination. The determination is structured to provide clarity and specificity regarding the pricing adjustments for the listed pharmaceutical brands, ensuring that the legislative framework remains effective and responsive to healthcare pricing needs.

Scope and Application

The National Health (Weighted average disclosed price – April 2025 reduction day) Determination 2024 applies to specific brands of pharmaceutical items listed in Schedule 1 and Schedule 2, which are identified by their names and codes. These schedules detail the weighted average disclosed price and adjusted approved ex-manufacturer price for these items, applying to data collection periods ending on 30 September 2024. The Act is administered under the National Health Act 1953 and impacts entities involved in the pricing of pharmaceutical items. Geographically, its reach is national, as it is enacted under federal legislation. There are no stated exclusions or exemptions in this determination; however, it repeals the previous National Health (Weighted average disclosed price – October 2024 reduction day) Determination 2024. The application and specifics of this determination may be further refined through subordinate instruments.

Key Provisions

The National Health (Weighted average disclosed price – April 2025 reduction day) Determination 2024 (sections 1-9) establishes the weighted average disclosed price (WADP) for certain brands of pharmaceutical items specified in Schedule 1, and the WADP for other brands of pharmaceutical items specified in Schedule 2. The WADP for brands listed in Schedule 1 is determined for the data collection period ending on 30 September 2024 (section 6), while the WADP for brands in Schedule 2 is also set for the same period (section 9). Additionally, for brands in Schedule 1, the determination sets the adjusted approved ex-manufacturer price (AAEMP) equivalent to the WADP (section 7) and specifies a reduction day of 1 April 2025 (section 8). This legislation imposes several obligations on the parties involved, including the requirement for pharmaceutical companies to disclose prices accurately and for the Minister to determine the WADP for the specified brands (sections 6 and 9). The Minister must also determine the AAEMP for brands listed in Schedule 1 (section 7). The Act further mandates that the specified prices be applied for the relevant data collection period and reduction day (sections 6 and 8). Failure to comply with the provisions of this determination may result in various consequences. While specific offences and penalties are not detailed within the text provided, breaches of related provisions under the National Health Act 1953 could potentially lead to penalties as outlined in that Act. For instance, penalties for incorrect pricing information or failure to comply with ministerial determinations may be enforced under the broader legislative framework, which could include fines or other corrective measures. The exact penalties would depend on the specific nature of the breach and the relevant sections of the National Health Act 1953.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.