Therapeutic Goods Regulations 1990

In force

Administered by

Department of Health, Disability and Ageing

This item is authorised by the following title:

Therapeutic Goods Act 1989

Superseded version

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F2017C00528 C77

01 July 2017 - 01 December 2017

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

Part 1—Preliminary
- 1 Name of Regulations
- 2 Interpretation
- 2A Authorised officers
- 3 Corresponding State law
- 3AA Unacceptable presentation of therapeutic goods—prescribed class of medicine
- 3A Unacceptable presentations
Part 2—Advertisements
- Division 1—Application of Part
  - 4 Application of Part 2
  - 4A Interpretation
- Division 2—Advertisements for which approval is needed
- Division 3—General provisions about advertising therapeutic goods
- Division 4—Generic information about ingredients or components of therapeutic goods
  - 8 Compliance with the Code
  - 8A Publication of generic information
- Division 5—General
  - 9 Orders about advertisements or generic information
Part 2A—Patient information
- 9A Information about certain therapeutic goods to be supplied
- 9B Information about therapeutic goods manufactured using human embryos
Part 2C—Australian Register of Therapeutic Goods
- Division 2C.1—Registered and listed therapeutic goods
- Division 2C.2—Medical devices included in the Register under Chapter 4
- Division 2C.3—Biologicals included in the Register
Part 3—Registration, inclusion, listing and exemption of therapeutic goods
- 11 Characteristics that separate and distinguish certain medicines from other therapeutic goods
- 11A Characteristics that separate and distinguish certain biologicals from other biologicals
- 12 Exempt goods
- 12A Unapproved medicines and biological—exemption in life-threatening cases
- 12AAB Disposal of unused emergency goods and unused emergency biologicals
- 12AA Applications for special and experimental uses
- 12AB Goods imported etc for experimental uses
- 12AC Powers of authorised officers in relation to goods imported etc for experimental uses
- 12AD Use of goods for experimental purposes—specified conditions
- 12B Exemptions for certain uses—medicines and therapeutic devices
- 12C Exemptions for health practitioners—biologicals
- 15 Application of registration or listing number to goods
- 15A Conditions of registration and listing of medicines
- 16 Listing of Therapeutic Goods
- 16AA Information or documents that Secretary may require
- 16AB Specified periods
Part 3A—Applications for evaluation
- Division 1—Goods mentioned in Part 1 of Schedule 10
- Division 2—Applications for evaluation of substances
  - 16GA Evaluation other than evaluation under subsection 9D(1), (2) or (3) or 24(1) of the Act
- Division 3—Class 2, Class 3 and Class 4 biologicals
Part 3B—Designated orphan drugs
- 16H Application to designate medicine as orphan drug
- 16J Designation of medicine as orphan drug
- 16K Period during which designation is in force
- 16L Extension of designation
- 16M Revocation of designation
Part 3C—Therapeutic goods (priority applicant) determinations
- 16P Application of Part
- 16Q Application for therapeutic goods (priority applicant) determination
- 16R Making of therapeutic goods (priority applicant) determination
- 16S Period during which therapeutic goods (priority applicant) determination is in force
- 16T Revocation of therapeutic goods (priority applicant) determination
Part 4—Licensing of manufacturers
- 17 Exempt goods for the purposes of subsection 34(1) of the Act
- 18 Exempt Persons
- 19 Requirements for licence holders
- 20 Conditions of licences
- 21 Persons having control of production etc to be named
- 22 Transfer of licences
Part 5—Examination, testing and analysis of goods
- 23 Interpretation
- 24 Authorised officer—powers and duties
- 25 Official analysts
- 26 Taking of samples for testing
- 26A Receiving samples for testing
- 27 Examination and testing of sample
- 28 Relevant tests
- 29 Certificate of official analyst
- 30 Review of findings of official analyst
- 31 Payment for samples
- 32 Offences relating to analysis etc
- 33 Identity cards
Part 5A—Exceptional release
- 33A Prescribed circumstances under which biologicals may be imported, exported or supplied
- 33B Conditions for supply of biologicals
- 33C Report on release of nonconforming biological
Part 6—Committees
- Division 1A—Advisory Committee on Medicines
- Division 1D—Advisory Committee on Medical Devices
- Division 1E—Advisory Committee on Complementary Medicines
- Division 1EA—Advisory Committee on Biologicals
- Division 1EB—Advisory Committee on Vaccines
- Division 1F—General
- Division 2—Therapeutic Goods Advertising Code Council
- Division 3—Complaints Resolution Panel
  - Subdivision 1—General
  - Subdivision 2—Procedure—Complaints about advertisements and generic information
- Division 3A—Advisory Committee on Medicines Scheduling
- Division 3B—Advisory Committee on Chemicals Scheduling
- Division 3C—Joint meetings
  - 42ZCZG Joint meetings
  - 42ZCZH Procedure for joint meetings
- Division 3D—Procedure for amending the current Poisons Standard
Part 7—Charges for registration, listing and inclusion, licences, exemptions, costs and fees
- Division 1—Charges for registration, listing and inclusion of therapeutic goods, exemptions and licences
- Division 2—Fees and costs
Part 7A—Infringement notices
- 45B Purpose and effect of Part
Part 8—Miscellaneous
- 46A Delegation under the Act
- 46 Release of information
- 47 Delegation—powers and functions under these Regulations
- 47A Delegation—powers under paragraphs 19(1)(a), 32CK(1)(d) and 41HB(1)(d) of the Act
- 47B Provision of information concerning medicines, biologicals and medical devices
- 48 Review of decisions
Part 9—Transitional
- Division 1—Transitional provisions relating to the Therapeutic Goods Amendment Regulations 2010 (No. 1)
  - 48A Definitions
  - 48B Application of 2010 Amendment Regulations
- Division 2—Transitional provisions relating to the Therapeutic Goods Amendment Regulation 2012 (No. 3)
  - 49 Transitional
- Division 3—Transitional provisions relating to the Therapeutic Goods Amendment (Registered Over the Counter Medicines) Regulation 2015
  - 50 Application
- Division 4—Transitional provisions relating to the Therapeutic Goods Legislation Amendment (Charges Exemptions and Other Measures) Regulation 2016
  - 51 Application
- Division 5—Transitional provisions relating to the Therapeutic Goods Legislation Amendment (2017 Measures No. 1) Regulations 2017
Schedule 1—Part 2 does not apply to members of an Australian branch of one of these bodies
Schedule 2—Prohibited and required representations
- Part 1—Prohibited representations
- Part 2—Required representations
- Part 3—Vitamins referred to in Item 3 of Part 1 of this Schedule
Schedule 3—Therapeutic goods required to be included in the part of the Register for registered goods
- Part 1—Therapeutic devices attracting a higher fee, and medicines
- Part 2—Therapeutic devices attracting a lower fee
- Part 3—Therapeutic goods attracting no fee under Division 1 or 2 of Part 3-2 of the Act
Schedule 4—Therapeutic goods required to be included in the part of the Register for listed goods
Schedule 5—Therapeutic goods exempt from the operation of Parts 3-2 and 3-2A of the Act
Schedule 5A—Therapeutic goods exempt from operation of Parts 3-2 and 3-2A of Act subject to conditions
Schedule 5B—Disposal of unused emergency goods and unused emergency biologicals
- 1 Early end of exemption—notice of goods held
- 1A Early cessation of exemption—notice of biologicals held
- 2 Expiration of period of exemption—notice of goods held
- 2A Expiration of period of exemption—notice of biologicals held
- 3 Storage and disposal of unused emergency goods and unused emergency biologicals
- 4 Direction for disposal of unused emergency goods and unused emergency biologicals
- 5 Relocation of unused emergency goods and unused emergency biologicals
- 6 Disposal of unused emergency goods and unused emergency biologicals—destruction
- 7 Disposal of unused emergency goods and unused emergency biologicals—export
- 8 Disposal of unused emergency goods and unused emergency biologicals—supply
- 9 Owner to be paid for goods or biologicals supplied
- 10 Records about unused emergency goods and unused emergency biologicals
- 11 Failure to comply with this Schedule
Schedule 6—Therapeutic devices prescribed for the purposes of paragraph 26(1)(g) of the Act
Schedule 7—Therapeutic goods exempt from the operation of Part 3-3 of the Act unless supplied as pharmaceutical benefits
Schedule 8—Persons exempt from the operation of Part 3-3 of the Act
Schedule 9—Fees—therapeutic goods other than biologicals
- Part 1—Interpretation
  - 1 Definitions
  - 2 Part 2 fees do not apply in relation to applications etc. covered by Part 3
- Part 2—Table of fees other than for applications etc. covered by Part 3
  - 3 Table of fees
- Part 3—Table of fees for applications etc. in relation to certain OTC medicines
  - 4 Table of fees
Schedule 9A—Fees—biologicals
- Part 1—Interpretation of table
  - 1 Definitions
- Part 2—Table of fees
Schedule 10—Therapeutic goods for evaluation
- Part 1—Evaluation of prescription and other medicines by the Prescription Medicines Authorisation Branch
- Part 2—Evaluation of complementary medicines by the Complementary and OTC Medicines Branch
- Part 3—Evaluation of non-prescription and other medicines by the Complementary and OTC Medicines Branch
Schedule 12—Patient information documents
- 1. Identification
- 2. What the product is used for and how it works
- 3. Advice before using the medicinal product
- 4. How to use the medicinal product properly
- 5. Further information
- 6. Unwanted effects
- 7. In case of overdose
- 8. Storage conditions
- 9. Where to go for further information
- 10. Sponsor
- 11. Date of information
Schedule 13—Patient information documents
- 1. Identification
- 2. What the product is used for and how it works
- 3. Advice before using the medicinal product
- 4. How to use the medicinal product properly
- 5. Further information
- 6. Unwanted effects
- 7. In case of overdose
- 8. Storage conditions
- 9. Where to go for further information
- 10. Sponsor
- 11. Date of information
Schedule 14—Designated active ingredients
Schedule 15—Infringement notices
- 1 Definitions
- 2 Issue of infringement notice
- 3 Contents of infringement notice
- 4 Service of infringement notices
- 5 Extension of time to pay penalty
- 6 Payment of penalty by instalments
- 7 Withdrawal of infringement notice
- 8 Notice of withdrawal of infringement notice
- 9 Effect of payment of infringement notice penalty
- 10 Refund of penalty
- 11 Matter not to be taken into account in determining sentence
- 12 Infringement notice not compulsory
Schedule 16—Classes of biologicals
- Endnotes

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Therapeutic Goods Regulations 1990

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Therapeutic Goods Regulations 1990