Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section sets out, for the purposes of section 99ADHC, the meaning of the expression the previous data collection period for a brand of a pharmaceutical item.
(2) This section is included to avoid doubt.
General rule
(3) The previous data collection period , for the brand of the pharmaceutical item, is the data collection period for the brand of the pharmaceutical item that immediately preceded the corresponding data collection period for the brand of the pharmaceutical item in the immediately preceding year.
Example 1: A data collection period ends on 30 September 2025. The corresponding data collection period in the immediately preceding year ends on 30 September 2024: see subsection (5). Therefore, the previous data collection period is the data collection period ending on 31 March 2024.
Example 2: A data collection period ends on 31 March 2025. The corresponding data collection period in the immediately preceding year ends on 31 March 2024: see subsection (5). Therefore, the previous data collection period is the data collection period ending on 30 September 2023.
Newly listed brands
(4) If, on the day before a determination under subsection 85(6) came into force for a brand of a pharmaceutical item (the new brand ) there are, or have previously been, any related brands of the new brand, the previous data collection period , for the new brand's first data collection period and the 2 data collection periods immediately following the first data collection period, is taken to end:
(a) when the previous data collection period for the related brands ends; or
(b) if the previous data collection period cannot be ascertained under paragraph (a)--when the previous data collection period would have ended if a determination under subsection 85(6) had remained in force for the related brands.
Example: A new brand is listed (that is, a determination comes into force under subsection 85(6) for the brand) on 1 July 2024 and its first data collection period ends on 30 September 2024. The immediately following data collection period ends on 31 March 2025. So:
(a) on any day between 1 July 2024 and 30 September 2024, the corresponding data collection period for any related brand is the data collection period ending on 30 September 2023, and the previous data collection period for the related brand (and the new brand) is the data collection period ending on 31 March 2023; and
(b) on any day between 1 October 2024 and 31 March 2025, the corresponding data collection period for any related brand is the data collection period ending on 31 March 2024 and the previous data collection period for the related brand (and the new brand) is the data collection period ending on 30 September 2023.
Meaning of corresponds
(5) A data collection period in a year corresponds to a data collection period in another year if begins on the same day of the same month in the other year.
(6) In this section, a reference to a related brand of a brand of a pharmaceutical item includes a reference to a brand of a pharmaceutical item that would be a related brand of the brand of pharmaceutical item (within the meaning of Division 3B) but for the fact that it is a brand of an exempt item.