National Health (Weighted average disclosed price - interim supplementary disclosure cycle) Determination 2012 (No. PB 58 of 2012)

Administered by Department of Health, Disability and Ageing

Legislation au F2012L01731 Not in force Legislative Instrument

Legislation content

PB 58 of 2012

National Health (Weighted average disclosed price – interim supplementary disclosure cycle) Determination 2012

as amended

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

National Health Act 1953

This compilation was prepared on 5 November 2012
taking into account amendments up to PB 98 of 2012

Prepared by the Office of Parliamentary Counsel, Canberra

Contents

 1 Name of Determination [see Note 1]

 2 Commencement [see Note 1]

 3 Definitions

 4 Weighted average disclosed price for brands of pharmaceutical items – unadjusted price reduction is at least 10%

 5 Weighted average disclosed price for brands of pharmaceutical items – unadjusted price reduction is less than 10%

 6 Adjusted approved exmanufacturer price for brands of pharmaceutical items – unadjusted price reduction is at least 10%

 7 Adjusted approved price to pharmacists for brands of pharmaceutical items – unadjusted price reduction is at least 10%

 8 Reduction Day

Schedule 1 Brands of pharmaceutical items – unadjusted price reduction is at least 10%

Schedule 2 Brands of pharmaceutical items – unadjusted price reduction is less than 10%

Notes  

 

 

 

1 Name of Determination [see Note 1]

 (1) This Determination is the National Health (Weighted average disclosed price – interim supplementary disclosure cycle) Determination 2012.

 (2) This Determination may also be cited as PB 58 of 2012.

2 Commencement [see Note 1]

  This Determination commences on the day after it is registered.

3 Definitions

  In this Determination:

Act means the National Health Act 1953.

adjusted approved exmanufacturer price has the same meaning as in subsection 99ADB(1) of the Act.

adjusted approved price to pharmacists has the same meaning as in subsection 99ADB(1) of the Act.

interim supplementary disclosure cycle has the same meaning as paragraph 37EB (2) (b), of the National Health (Pharmaceutical Benefits) Regulations 1960.

unadjusted price reduction has the same meaning as in subsection 99ADB(1) of the Act.

weighted average disclosed price has the same meaning as in subsection 99ADB(1) of the Act.

4 Weighted average disclosed price for brands of pharmaceutical items – unadjusted price reduction is at least 10%

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

5 Weighted average disclosed price for brands of pharmaceutical items – unadjusted price reduction is less than 10%

  For subsection 99ADB(4) of the Act, the weighted average disclosed price specified in column 3 of an item in Schedule 2 is the weighted average disclosed price for the brand of pharmaceutical item specified in column 2 of the same item in Schedule 2.

6 Adjusted approved ex‑manufacturer price for brands of pharmaceutical items – unadjusted price reduction is at least 10%

  For paragraph 99ADB(4) of the Act, the adjusted approved exmanufacturer price for a brand of pharmaceutical item specified in column 2 of Schedule 1 is an amount equal to the amount of the weighted average disclosed price of that brand of pharmaceutical item determined under section 4 of this instrument.

7 Adjusted approved price to pharmacists for brands of pharmaceutical items – unadjusted price reduction is at least 10%

  For paragraph 99ADB(4) of the Act, the adjusted approved price to pharmacists specified in column 4 of an item in Schedule 1 is the adjusted approved price to pharmacists for the brand of pharmaceutical item specified in column 2 of the same item in Schedule 1.

8 Reduction Day

  For paragraph 99ADH(1)(aa) of the Act, a brand of pharmaceutical item in the interim supplementary disclosure cycle with a data collection period ending at the end of 31 May 2012 has a reduction day of 1 December 2012.

Schedule 1 Brands of pharmaceutical items – unadjusted price reduction is at least 10%

 

 

Column 1

Column 2

Column 3

Column 4

Item

Brand of Pharmaceutical Item

Weighted average disclosed price

Adjusted approved price to pharmacists

 

Listed Drug

Form

Manner of administration

Brand

 

 

2

Docetaxel

Injection set containing 1 single use vial concentrate for I.V. infusion 80 mg (anhydrous) in 2 mL with solvent

Injection

Taxotere

267.72

 

3

Docetaxel

Powder for I.V. infusion 20 mg with solvent

Injection

Docetaxel SUN

66.80

 

4

Docetaxel

Powder for I.V. infusion 80 mg with solvent

Injection

Docetaxel SUN

267.72

 

5

Docetaxel

Solution concentrate for I.V. infusion 140 mg in 7 mL

Injection

Oncotaxel 140

466.48

 

6

Docetaxel

Solution concentrate for I.V. infusion 160 mg in 16 mL

Injection

DBL Docetaxel Concentrated Injection

535.44

 

7

Docetaxel

Solution concentrate for I.V. infusion 20 mg in 1 mL

Injection

Oncotaxel 20

66.80

 

8

Docetaxel

Solution concentrate for I.V. infusion 20 mg in 1 mL

Injection

Taxotere

66.80

 

9

Docetaxel

Solution concentrate for I.V. infusion 20 mg in 2 mL

Injection

DBL Docetaxel Concentrated Injection

66.80

 

10

Docetaxel

Solution concentrate for I.V. infusion 20 mg in 2 mL

Injection

Docetaxel Ebewe

66.80

 

11

Docetaxel

Solution concentrate for I.V. infusion 20 mg in 2 mL

Injection

Docetaxel Sandoz

66.80

 

12

Docetaxel

Solution concentrate for I.V. infusion 80 mg in 4 mL

Injection

Oncotaxel 80

267.72

 

13

Docetaxel

Solution concentrate for I.V. infusion 80 mg in 4 mL

Injection

Taxotere

267.72

 

14

Docetaxel

Solution concentrate for I.V. infusion 80 mg in 8 mL

Injection

DBL Docetaxel Concentrated Injection

267.72

 

15

Docetaxel

Solution concentrate for I.V. infusion 80 mg in 8 mL

Injection

Docetaxel Ebewe

267.72

 

16

Docetaxel

Solution concentrate for I.V. infusion 80 mg in 8 mL

Injection

Docetaxel Sandoz

267.72

 

17

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

Acpio 15

27.74

29.83

18

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

Actos

27.74

29.83

19

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

APOTEXPioglitazone

27.74

29.83

20

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

Chem mart Pioglitazone

27.74

29.83

21

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

Pharmacor Pioglitazone 15

27.74

29.83

22

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

Pioglitazone generichealth 15

27.74

29.83

23

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

Pioglitazone Sandoz

27.74

29.83

24

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

PioglitazoneGA

27.74

29.83

25

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

Pizaccord

27.74

29.83

25A

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

Prioten 15

27.74

29.83

26

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

Terry White Chemists Pioglitazone

27.74

29.83

27

Pioglitazone

Tablet 15 mg (as hydrochloride)

Oral

Vexazone

27.74

29.83

28

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

Acpio 30

42.67

45.88

29

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

Actos

42.67

45.88

30

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

APOTEXPioglitazone

42.67

45.88

31

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

Chem mart Pioglitazone

42.67

45.88

32

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

Pharmacor Pioglitazone 30

42.67

45.88

33

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

Pioglitazone generichealth 30

42.67

45.88

34

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

Pioglitazone Sandoz

42.67

45.88

35

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

PioglitazoneGA

42.67

45.88

36

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

Pizaccord

42.67

45.88

36A

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

Prioten 30

42.67

45.88

37

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

Terry White Chemists Pioglitazone

42.67

45.88

38

Pioglitazone

Tablet 30 mg (as hydrochloride)

Oral

Vexazone

42.67

45.88

39

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

Acpio 45

55.48

59.65

40

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

Actos

55.48

59.65

41

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

APOTEXPioglitazone

55.48

59.65

42

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

Chem mart Pioglitazone

55.48

59.65

43

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

Pharmacor Pioglitazone 45

55.48

59.65

44

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

Pioglitazone generichealth 45

55.48

59.65

45

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

Pioglitazone Sandoz

55.48

59.65

46

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

PioglitazoneGA

55.48

59.65

47

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

Pizaccord

55.48

59.65

47A

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

Prioten 45

55.48

59.65

48

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

Terry White Chemists Pioglitazone

55.48

59.65

49

Pioglitazone

Tablet 45 mg (as hydrochloride)

Oral

Vexazone

55.48

59.65

50

Risedronic Acid

Tablet (enteric coated) containing risedronate sodium 35 mg

Oral

Actonel EC

25.49

 

51

Risedronic Acid

Tablet containing risedronate sodium 150 mg

Oral

Actonel Once-a-Month

27.62

 

52

Risedronic Acid

Tablet containing risedronate sodium 30 mg

Oral

Actonel

168.36

 

53

Risedronic Acid

Tablet containing risedronate sodium 35 mg

Oral

Acris Once-a-Week

25.49

 

54

Risedronic Acid

Tablet containing risedronate sodium 35 mg

Oral

APO-Risedronate

25.49

 

55

Risedronic Acid

Tablet containing risedronate sodium 35 mg

Oral

Chem mart Risedronate

25.49

 

56

Risedronic Acid

Tablet containing risedronate sodium 35 mg

Oral

Risedro once a week

25.49

 

57

Risedronic Acid

Tablet containing risedronate sodium 35 mg

Oral

Risedronate Sandoz

25.49

 

58

Risedronic Acid

Tablet containing risedronate sodium 35 mg

Oral

Risedronate-GA

25.49

 

59

Risedronic Acid

Tablet containing risedronate sodium 35 mg

Oral

Terry White Chemists Risedronate

25.49

 

60

Risedronic Acid

Tablet containing risedronate sodium 5 mg

Oral

Actonel

25.49

 

 

Schedule 2 Brands of pharmaceutical items – unadjusted price reduction is less than 10%

 

 

Column 1

Column 2

Column 3

Item

Brand of Pharmaceutical Item

Weighted average disclosed price

 

Listed Drug

Form

Manner of administration

Brand

 

1

Perindopril with amlodipine

Tablet containing 10 mg perindopril arginine with 10 mg amlodipine (as besylate)

Oral

Coveram

27.36

2

Perindopril with amlodipine

Tablet containing 10 mg perindopril arginine with 10 mg amlodipine (as besylate)

Oral

Reaptan 10/10

27.36

3

Perindopril with amlodipine

Tablet containing 10 mg perindopril arginine with 5 mg amlodipine (as besylate)

Oral

Coveram

21.45

4

Perindopril with amlodipine

Tablet containing 10 mg perindopril arginine with 5 mg amlodipine (as besylate)

Oral

Reaptan 10/5

21.45

5

Perindopril with amlodipine

Tablet containing 5 mg perindopril arginine with 10 mg amlodipine (as besylate)

Oral

Coveram

22.67

6

Perindopril with amlodipine

Tablet containing 5 mg perindopril arginine with 10 mg amlodipine (as besylate)

Oral

Reaptan 5/10

22.67

7

Perindopril with amlodipine

Tablet containing 5 mg perindopril arginine with 5 mg amlodipine (as besylate)

Oral

Coveram

16.73

8

Perindopril with amlodipine

Tablet containing 5 mg perindopril arginine with 5 mg amlodipine (as besylate)

Oral

Reaptan 5/5

16.73

Notes to the National Health (Weighted average disclosed price – interim supplementary disclosure cycle) Determination 2012 (PB 58 of 2012)

Note 1

The National Health (Weighted average disclosed price – interim supplementary disclosure cycle) Determination 2012 (PB 58 of 2012) (in force under subsection 99ADB(4) and paragraph 99ADH(1)(aa) of the National Health Act 1953) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

PB 58 of 2012

22 Aug 2012 (see F2012L01731)

23 Aug 2012

 

PB 70 of 2012

21 Sept 2012 (see F2012L01907)

22 Sept 2012

PB 98 of 2012

5 Nov 2012 (see F2012L02147)

5 Nov 2012

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Schedule 1

 

Schedule 1............

am. PB 70 and 98 of 2012

 

Overview

The National Health (Weighted average disclosed price – interim supplementary disclosure cycle) Determination 2012 was introduced under the National Health Act 1953, and was enacted to address the need for transparency and fairness in the pricing of pharmaceutical items listed on the Pharmaceutical Benefits Scheme (PBS). The determination was made by the Parliament of Australia, and its primary policy objective is to ensure that the prices of pharmaceutical items are accurately disclosed and adjusted where necessary to reflect any price reductions. This legislative instrument aims to maintain the integrity of the PBS by providing clear guidelines on how to calculate and apply the weighted average disclosed price for pharmaceutical brands, particularly in cases where there are significant price reductions. By setting out these specific calculations and adjustments, the Determination supports the broader goal of ensuring affordable access to essential medicines for Australians.

Scope and Application

The National Health (Weighted average disclosed price – interim supplementary disclosure cycle) Determination 2012 is a legislative instrument made under the National Health Act 1953. It applies to brands of pharmaceutical items listed in Schedules 1 and 2, which are subject to an unadjusted price reduction of at least 10% and less than 10%, respectively. The determination sets the weighted average disclosed price and the adjusted approved prices for these pharmaceutical items, which are primarily used for the Pharmaceutical Benefits Scheme (PBS). The determination is applicable across Australia as it is a Commonwealth legislation. The application of the determination can be extended or restricted through subordinate instruments. There are no explicit exclusions mentioned in the determination, but the applicability is limited to the specified pharmaceutical brands and their respective price reductions as listed in the schedules.

Key Provisions

The main operative sections of the National Health (Weighted average disclosed price – interim supplementary disclosure cycle) Determination 2012 (PB 58 of 2012) provide specific weighted average disclosed prices for brands of pharmaceutical items, particularly those with an unadjusted price reduction of at least 10% or less than 10% (sections 4 and 5). It also sets out the adjusted approved ex-manufacturer prices for brands with at least a 10% unadjusted price reduction (section 6), and the adjusted approved prices to pharmacists for brands with at least a 10% unadjusted price reduction (section 7). The Determination further specifies the reduction day for brands in the interim supplementary disclosure cycle (section 8). The schedules list the specific brands, their forms, manners of administration, and the corresponding prices (Schedules 1 and 2). The obligations imposed by the Determination require pharmaceutical companies to adhere to the specified weighted average disclosed prices for their brands, particularly those undergoing significant price reductions. These companies must ensure that their pricing information aligns with the details provided in the schedules of the Determination. For brands with at least a 10% unadjusted price reduction, the Determination mandates the calculation of adjusted approved ex-manufacturer and approved prices to pharmacists, as outlined in the respective sections. Any breaches of the obligations set forth in the Determination may lead to civil or criminal consequences, depending on the nature and severity of the breach. The penalties for such breaches are not explicitly stated within the Determination itself but would typically be governed by the National Health Act 1953 and other relevant legislative provisions. These penalties could encompass fines, corrective actions, or other regulatory measures deemed appropriate by the relevant authorities.

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