I, ADRIANA PLATONA, as delegate of the Minister for Health and Aged Care, make this determination under subsection 99ADB(4) and paragraph 99ADH(1)(aa) of the National Health Act 1953.

Dated      23 June 2022

Contents

1 Name...................................................................3

2 Commencement............................................................3

3 Repeal..................................................................3

4 Authority................................................................3

5 Definitions...............................................................3

Part 1 – Brands of pharmaceutical items with a weighted average disclosed price; adjusted approved ex-manufacturer price and reduction day......4

6 Weighted average disclosed price for brands of pharmaceutical items in Schedule 1 .................4

7 Adjusted approved ex-manufacturer price for brands of pharmaceutical items.....................4

8 Reduction Day.............................................................4

Part 2 – Brands of pharmaceutical items with a weighted average disclosed price.....4

9 Weighted average disclosed price for brands of pharmaceutical items in Schedule 2..................4

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 – October 2022 reduction day) Determination 2022.

(2)    This instrument may also be cited as PB 61 of 2022.

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National Health (Weighted average disclosed price – April 2022 reduction day) Determination 2021 (PB 134 of 2021) is repealed.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 2022.

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 2022.

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 2022.

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