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Therapeutic Substances Act 1938

Authoritative Version
  • - C1938A00041
  • No longer in force
Act No. 41 of 1938 as made
An Act to amend the Therapeutic Substances Act 1937.
Date of Assent 21 Oct 1938
Date of repeal 01 Feb 1956
Repealed by Therapeutic Substances Act 1953

THERAPEUTIC SUBSTANCES.

 

No. 41 of 1938.

An Act to amend the Therapeutic Substances Act 1937.

[Assented to 21st October, 1938.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.)  This Act may be cited as the Therapeutic Substances Act 1938.

(2.)  The Therapeutic Substances Act 1937* is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Therapeutic Substances Act 1937-1938.

Commencement.

2.  This Act shall commence on the date of the commencement of the Principal Act.

Declaration of therapeutic substances.

3.  Section seven of the Principal Act is amended by omitting sub section (1.) and inserting in its stead the following sub-section:—

“(1.) The Minister may, by notice in the Gazette, declare any substance which—

(a) is wholly or in part derived from microscopic or ultra-microscopic organisms or from living cellular tissue;

(b) is prepared from tissues removed from recently slaughtered animals; or

(c) is the result of the activities of microscopic or ultra-microscopic organisms,

and which is used or intended for use in the prevention, diagnosis or treatment of disease in man or animals, to be a therapeutic substance for the purposes of this Act.”.

Importation of therapeutic substances.

4.  Section nine of the Principal Act is amended by omitting from sub-section (3.) the word “except” and inserting in its stead the word “exempt”.

5.  After section ten of the Principal Act the following section is inserted:—

Forfeiture of therapeutic substances.

“10a. All therapeutic substances imported, or sought to be exported, in contravention of this Act shall be forfeited to the King.”.

6.  Section eleven of the Principal Act is repealed and the following section inserted in its stead:—

Examination of therapeutic substances.

“11.—(1.) Any officer thereto authorized in writing by the Minister may—

(a) take samples of all therapeutic substances which are imported or are sought to be exported and any samples so taken shall be dealt with as prescribed; and

(b) require any therapeutic substances specified by him which are imported or are sought to be exported to be delivered for examination or analysis, or both, to a laboratory appointed by the Minister for the purpose, and any therapeutic substances so delivered may be examined or analysed, or both, accordingly.

(2.)  No therapeutic substances shall be entered for home consumption or exported unless and until a person or an officer thereto authorized by the Minister certifies that all the provisions of this Act with respect to their importation or exportation, as the case may be, have been complied with.”.