98BFunctions of Tribunal

#### 98B Functions of Tribunal (1) The functions of the Tribunal are: (a) to determine the manner in which the Commonwealth price for particular quantities or numbers of units of all or any pharmaceutical benefits is to be worked out for the purpose of payments to approved pharmacists in respect to the supply by them of pharmaceutical benefits; and (b) to determine, by legislative instrument: (i) the kinds of supplies by approved pharmacists of pharmaceutical benefits (if any) that are ACSS eligible supplies; and (ii) the amount (which may be nil) of the ACSS payment for any or all ACSS eligible supplies, or the manner in which that amount is to be worked out; and (c) if an agreement referred to in section 98BAA provides for the Tribunal to perform functions under the agreement—those functions. Commonwealth price determinations (2) A manner determined under paragraph (1)(a) shall: (a) in the case of a pharmaceutical benefit that is a listed brand of a pharmaceutical item—take as a basis the approved ex‑manufacturer price or a proportional ex‑manufacturer price of the brand of the pharmaceutical item that was in force on the first day of the month of the year in which the supply occurs; and (b) in the case of other pharmaceutical benefits—take as a basis the basic wholesale price of each ingredient that is applicable on the day on which the supply occurs; and (c) provide for the addition of such fees and other amounts as are determined by the Tribunal. (3) In subsection (2): > basic wholesale price in relation to an ingredient in a pharmaceutical benefit, means the amount that The Pharmacy Guild of Australia and the Minister agree from time to time is to be taken to be, for the purposes of this Part, the appropriate price for sales of that ingredient to approved pharmacists. (4) The Tribunal may approve criteria that it considers to be appropriate for use in determining the nature or magnitude of fees or other amounts referred to in paragraph (2)(c), and may, at any time, vary or revoke such criteria. (5) In determining fees or other amounts referred to in paragraph (2)(c), and in approving criteria under subsection (4), the Tribunal must have regard to national minimum wage orders of the Fair Work Commission, and, in particular, any statements by the Commission about the effect of wage increases on productivity, inflation and levels of employment. ACSS payment determinations (6) In determining a kind of supply by approved pharmacists of pharmaceutical benefits under subparagraph (1)(b)(i), the Tribunal must be satisfied that it is necessary, to ensure that kind of supply, for approved pharmacists to be paid the ACSS payment for that kind of supply. (7) In determining an amount or manner under subparagraph (1)(b)(ii) in relation to an ACSS eligible supply, the Tribunal must be satisfied that it is necessary, to ensure that supply, for the ACSS payment for that supply: (a) to be that amount; or (b) to be worked out in that manner. (8) The Tribunal must determine under subparagraph (1)(b)(ii) that the amount of the ACSS payment for all ACSS eligible supplies is nil if: (a) an agreement referred to in subsection 98BAA(1) (agreements relating to Commonwealth price) is in force; and (b) no agreement referred to in subsection 98BAA(1A) (agreements relating to ACSS payment) is in force.