National Health (Weighted average disclosed price – October 2023 reduction day) Determination 2023

National Health (Weighted average disclosed price – October 2023 reduction day) Determination 2023

PB 53 of 2023

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

National Health Act 1953

Compilation No. 1

Compilation date: 9 September 2023

Includes amendments up to: F2023L01213

Registered: 25 November 2023

This compilation is in 3 volumes

Volume 1: sections 1–9

Volume 2: Schedule 1

Volume 3: Schedule 2

 Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the National Health (Weighted average disclosed price – October 2023 reduction day) Determination 2023 that shows the text of the law as amended and in force on 9 September 2023 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1  Name

(1) This instrument is the National Health (Weighted average disclosed price – October 2023 reduction day) Determination 2023.

(2) This instrument may also be cited as PB 53 of 2023.

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.

 (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 – April 2023 reduction day) Determination 2022 (PB 132 of 2022) 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 31 March 2023.

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 October 2023.

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 31 March 2023.

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