Therapeutic Goods Regulations 1990

Statutory Rules No. 394, 1990

made under the

Therapeutic Goods Act 1989

Compilation No. 77

Compilation date:                              1 July 2017

Includes amendments up to:            F2017L00853

Registered:                                         11 July 2017

 

 

 

 

 

 

 

 

 

This compilation includes commenced amendments made by F2017L00552

 

About this compilation

This compilation

This is a compilation of the Therapeutic Goods Regulations 1990 that shows the text of the law as amended and in force on 1 July 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  

Contents

Part 1—Preliminary                                                                                                             1

1............................ Name of Regulations.......................................................... 1

2............................ Interpretation....................................................................... 1

2A......................... Authorised officers............................................................. 8

3............................ Corresponding State law..................................................... 8

3AA...................... Unacceptable presentation of therapeutic goods—prescribed class of medicine       8

3A......................... Unacceptable presentations................................................. 9

Part 2—Advertisements                                                                                                   10

Division 1—Application of Part                                                                            10

4............................ Application of Part 2......................................................... 10

4A......................... Interpretation..................................................................... 10

Division 2—Advertisements for which approval is needed                    11

5B.......................... Interpretation..................................................................... 11

5BA....................... Means that are not broadcast media................................. 11

5C.......................... Application of Division.................................................... 11

5F.......................... Applications for approval of advertisements..................... 12

5G......................... Approval of advertisements.............................................. 12

5H......................... Notice of approval or refusal to approve an advertisement 12

5J........................... Distinguishing numbers for approved advertisements...... 13

5K.......................... Variation of conditions of approval.................................. 13

5L.......................... Withdrawal of approval.................................................... 13

5M......................... Review by Minister of decisions of the Secretary............. 14

5N......................... Notice of Minister’s decisions.......................................... 14

5P.......................... Review by Tribunal of decisions of the Minister.............. 15

5Q......................... Delegations....................................................................... 15

Division 3—General provisions about advertising therapeutic goods 17

6............................ Restricted representations................................................. 17

6AA...................... Prescribed committees...................................................... 17

6A......................... Approval of use of restricted representation—public interest criteria       17

6B.......................... Prohibited and required representations............................ 17

7............................ Exempt goods and exempt devices................................... 17

Division 4—Generic information about ingredients or components of therapeutic goods                                                                                                                      18

8............................ Compliance with the Code................................................ 18

8A......................... Publication of generic information.................................... 18

Division 5—General                                                                                                    19

9............................ Orders about advertisements or generic information......... 19

Part 2A—Patient information                                                                                      20

9A......................... Information about certain therapeutic goods to be supplied 20

9B.......................... Information about therapeutic goods manufactured using human embryos              20

Part 2C—Australian Register of Therapeutic Goods                                   22

Division 2C.1—Registered and listed therapeutic goods                         22

10.......................... Goods to be included in parts of the Register (Act s 9A). 22

10AAA................. Variation of entries in Register—registered complementary medicines and registered OTC medicines.......................................................................... 22

10AA.................... Prescribed requests for variations of entries in Register... 24

10AB..................... Change of person in whose name goods are listed or registered              24

10AC..................... Change of name of person................................................ 26

10B........................ Transfers within the Register............................................ 26

10C........................ Re‑assignment of registration or listing numbers.............. 28

10D....................... Notice of reassignment of registration or listing numbers. 29

Division 2C.2—Medical devices included in the Register under Chapter 4        30

10E........................ Goods to be included in part of the Register for medical devices (Act s 9A)           30

10F........................ Change of person in relation to whom a medical device is included in the Register under Chapter 4 of the Act.......................................................... 30

10FA..................... Change of name of person................................................ 31

Division 2C.3—Biologicals included in the Register                                  33

10G....................... Goods to be included in the part of the Register for biologicals               33

10H....................... Change of person for whom a biological is included in the Register under Part 3‑2A of the Act.................................................................................... 33

10HA.................... Change of name of person................................................ 34

10I......................... Re‑assignment of biological numbers............................... 35

10J......................... Notice of reassignment of biological numbers.................. 35

Part 3—Registration, inclusion, listing and exemption of therapeutic goods        36

11.......................... Characteristics that separate and distinguish certain medicines from other therapeutic goods.......................................................................................... 36

11A....................... Characteristics that separate and distinguish certain biologicals from other biologicals.......................................................................................... 36

12.......................... Exempt goods................................................................... 37

12A....................... Unapproved medicines and biological—exemption in life‑threatening cases           38

12AAB.................. Disposal of unused emergency goods and unused emergency biologicals               39

12AA.................... Applications for special and experimental uses................. 39

12AB..................... Goods imported etc for experimental uses........................ 40

12AC..................... Powers of authorised officers in relation to goods imported etc for experimental uses.......................................................................................... 40

12AD.................... Use of goods for experimental purposes—specified conditions              41

12B........................ Exemptions for certain uses—medicines and therapeutic devices            41

12C........................ Exemptions for health practitioners—biologicals.............. 43

15.......................... Application of registration or listing number to goods...... 43

15A....................... Conditions of registration and listing of medicines........... 44

16.......................... Listing of Therapeutic Goods........................................... 44

16AA.................... Information or documents that Secretary may require....... 44

16AB..................... Specified periods.............................................................. 45

Part 3A—Applications for evaluation                                                                     46

Division 1—Goods mentioned in Part 1 of Schedule 10                           46

16A....................... Interpretation—working day............................................. 46

16B........................ Notification of acceptance or rejection of application........ 46

16C........................ Periods within which certain evaluations must be made... 47

16D....................... Periods within which certain applications must be decided 48

16E........................ Failure to decide an application within specified time....... 49

16F........................ Applications under subsection 9D(3) of the Act—periods within which certain decisions must be made.................................................................... 49

16G....................... Shorter evaluation period in certain cases......................... 50

Division 2—Applications for evaluation of substances                             51

16GA.................... Evaluation other than evaluation under subsection 9D(1), (2) or (3) or 24(1) of the Act.......................................................................................... 51

Division 3—Class 2, Class 3 and Class 4 biologicals                                 52

16GB..................... Notification of acceptance or rejection of application........ 52

16GC..................... Periods within which certain evaluations must be made... 52

16GD.................... Periods within which certain applications must be decided 52

16GE..................... Failure to decide an application within specified time....... 52

16GF..................... Evaluation, other than evaluation under subsection 9D(3A) or (3AA) or section 32DD of the Act.................................................................................... 52

Part 3B—Designated orphan drugs                                                                         54

16H....................... Application to designate medicine as orphan drug............ 54

16J......................... Designation of medicine as orphan drug........................... 54

16K........................ Period during which designation is in force...................... 56

16L........................ Extension of designation................................................... 56

16M....................... Revocation of designation................................................. 57

Part 3C—Therapeutic goods (priority applicant) determinations         58

16P........................ Application of Part............................................................ 58

16Q....................... Application for therapeutic goods (priority applicant) determination        58

16R........................ Making of therapeutic goods (priority applicant) determination               58

16S........................ Period during which therapeutic goods (priority applicant) determination is in force.......................................................................................... 59

16T........................ Revocation of therapeutic goods (priority applicant) determination          60

Part 4—Licensing of manufacturers                                                                        61

17.......................... Exempt goods for the purposes of subsection 34(1) of the Act               61

18.......................... Exempt Persons................................................................ 61

19.......................... Requirements for licence holders...................................... 61

20.......................... Conditions of licences....................................................... 61

21.......................... Persons having control of production etc to be named...... 62

22.......................... Transfer of licences........................................................... 63

Part 5—Examination, testing and analysis of goods                                       65

23.......................... Interpretation..................................................................... 65

24.......................... Authorised officer—powers and duties............................ 65

25.......................... Official analysts................................................................ 66

26.......................... Taking of samples for testing............................................ 66

26A....................... Receiving samples for testing........................................... 67

27.......................... Examination and testing of sample.................................... 67

28.......................... Relevant tests.................................................................... 68

29.......................... Certificate of official analyst............................................. 68

30.......................... Review of findings of official analyst............................... 69

31.......................... Payment for samples......................................................... 71

32.......................... Offences relating to analysis etc........................................ 71

33.......................... Identity cards.................................................................... 72

Part 5A—Exceptional release                                                                                       73

33A....................... Prescribed circumstances under which biologicals may be imported, exported or supplied.......................................................................................... 73

33B........................ Conditions for supply of biologicals................................. 73

33C........................ Report on release of nonconforming biological................ 74

Part 6—Committees                                                                                                            75

Division 1A—Advisory Committee on Medicines                                       75

35.......................... Establishment.................................................................... 75

35A....................... Functions.......................................................................... 75

35B........................ Membership...................................................................... 75

Division 1D—Advisory Committee on Medical Devices                          77

38.......................... Establishment.................................................................... 77

38A....................... Functions.......................................................................... 77

38B........................ Membership...................................................................... 77

Division 1E—Advisory Committee on Complementary Medicines   79

39.......................... Establishment.................................................................... 79

39A....................... Functions.......................................................................... 79

39B........................ Membership...................................................................... 79

Division 1EA—Advisory Committee on Biologicals                                  81

39C........................ Establishment.................................................................... 81

39D....................... Functions.......................................................................... 81

39E........................ Membership...................................................................... 81

Division 1EB—Advisory Committee on Vaccines                                       82

39F........................ Establishment.................................................................... 82

39G....................... Functions.......................................................................... 82

39H....................... Membership...................................................................... 82

Division 1F—General                                                                                                 84

40.......................... Application of this Division.............................................. 84

41.......................... Appointment of members................................................. 84

41A....................... Appointment of the chair.................................................. 84

41B........................ Resignation or vacancy..................................................... 84

41C........................ Termination of appointment.............................................. 84

41D....................... Leave of absence............................................................... 85

41E........................ Acting members................................................................ 85

41F........................ Committee procedures...................................................... 85

41G....................... Meetings........................................................................... 85

41H....................... Presiding member............................................................. 86

41I......................... Quorum............................................................................ 86

41J......................... Voting............................................................................... 86

42.......................... Miscellaneous................................................................... 86

Division 2—Therapeutic Goods Advertising Code Council                   88

42A....................... Therapeutic Goods Advertising Code Council................. 88

42B........................ Functions of the Council................................................... 88

42C........................ Membership of the Council.............................................. 88

42D....................... Term of office of Council members.................................. 89

42E........................ Chairperson of the Council............................................... 89

42F........................ Resignation....................................................................... 89

42G....................... Cessation of membership.................................................. 89

42H....................... Alternate members............................................................ 90

42J......................... Observers to Council........................................................ 90

42K........................ Quorum............................................................................ 91

42L........................ Meetings........................................................................... 91

42M....................... Effect of vacancy.............................................................. 91

42N....................... Disclosure of interest........................................................ 92

42P........................ Procedure generally.......................................................... 92

42Q....................... Annual report.................................................................... 92

Division 3—Complaints Resolution Panel                                                       93

Subdivision 1—General                                                                                          93

42R........................ Complaints Resolution Panel............................................ 93

42S........................ Function of the Panel........................................................ 93

42T........................ Membership of the Panel.................................................. 93

42U....................... Term of office of Panel members...................................... 94

42V....................... Cessation of office............................................................ 94

42W....................... Alternate members............................................................ 94

42X....................... Observers to Panel............................................................ 95

42Y....................... Quorum............................................................................ 95

42Z........................ Meetings........................................................................... 95

42ZA..................... Effect of vacancy.............................................................. 96

42ZB..................... Disclosure of interest........................................................ 96

42ZC..................... Reports to Council............................................................ 96

Subdivision 2—Procedure—Complaints about advertisements and generic information          97

42ZCAA............... Definitions for Subdivision 2........................................... 97

42ZCAB................ Complaints about advertisements or generic information.. 97

42ZCAC................ Procedure on receipt of a complaint.................................. 98

42ZCAD............... Dealing with complaint..................................................... 98

42ZCAE................ Powers of Panel................................................................ 98

42ZCAF................ Withdrawal of complaint................................................... 98

42ZCAG............... Dealing with subject matter despite withdrawal of complaint.. 99

42ZCAGA............ Panel may refer complaint to another authority................. 99

42ZCAH............... Dealing with matters not specified in complaint................ 99

42ZCAI................. Action that Panel may take.............................................. 100

42ZCAJ................. Dealing with complaint if court proceedings begun........ 101

42ZCAK................ Procedure generally........................................................ 102

42ZCAL................ Register of complaints.................................................... 102

Division 3A—Advisory Committee on Medicines Scheduling             103

Subdivision 3A.1—Preliminary                                                                         103

42ZCA.................. Definitions for Division 3A............................................ 103

Subdivision 3A.2—Constitution of Committee                                               103

42ZCB................... Membership of Committee............................................. 103

42ZCC................... Committee members....................................................... 103

42ZCD.................. Appointed members........................................................ 103

42ZCE................... Nominated members....................................................... 104

42ZCF................... Appointment of the Chair and acting Chair..................... 104

42ZCG.................. Resignation or vacancy................................................... 105

42ZCH.................. Termination of appointment............................................ 105

42ZCI.................... Leave of absence............................................................. 105

42ZCJ.................... Acting members.............................................................. 105

Subdivision 3A.3—Committee meetings                                                          106

42ZCK................... Committee meetings........................................................ 106

42ZCL................... Meeting procedure.......................................................... 106

42ZCM.................. Presiding member........................................................... 106

42ZCN.................. Quorum.......................................................................... 107

42ZCO.................. Voting............................................................................. 107

42ZCP................... Miscellaneous................................................................. 107

Division 3B—Advisory Committee on Chemicals Scheduling            109

Subdivision 3B.1—Preliminary                                                                         109

42ZCQ.................. Definitions for Division 3B............................................ 109

Subdivision 3B.2—Constitution of Committee                                               109

42ZCR................... Membership of Committee............................................. 109

42ZCS................... Committee members....................................................... 109

42ZCT................... Appointed members........................................................ 109

42ZCU.................. Nominated members....................................................... 110

42ZCV.................. Appointment of the Chair and acting Chair..................... 110

42ZCW.................. Resignation or vacancy................................................... 111

42ZCX.................. Termination of appointment............................................ 111

42ZCY.................. Leave of absence............................................................. 111

42ZCZ................... Acting members.............................................................. 111

Subdivision 3B.3—Committee meetings                                                          112

42ZCZA................ Committee meetings........................................................ 112

42ZCZB................ Meeting procedure—general........................................... 112

42ZCZC................ Presiding member........................................................... 112

42ZCZD................ Quorum.......................................................................... 113

42ZCZE................. Voting............................................................................. 113

42ZCZF................. Miscellaneous................................................................. 113

Division 3C—Joint meetings                                                                                 115

42ZCZG................ Joint meetings................................................................. 115

42ZCZH................ Procedure for joint meetings........................................... 115

Division 3D—Procedure for amending the current Poisons Standard   116

Subdivision 3D.1—Preliminary                                                                         116

42ZCZI.................. Definitions for Division 3D............................................ 116

Subdivision 3D.2—Procedure if proposed amendment referred to expert advisory committee                                                                                                       116

42ZCZJ................. Application..................................................................... 116

42ZCZK................ Proposed amendment to be referred to expert advisory committee           117

42ZCZL................. Consideration of public submissions.............................. 117

42ZCZM............... Committee to advise Secretary........................................ 118

42ZCZN................ Interim decision of Secretary.......................................... 118

42ZCZO................ Secretary may make final decision if no interim decision required           118

42ZCZP................. Call for further submissions........................................... 118

42ZCZQ................ Reconsideration of interim decision................................ 118

42ZCZR................ Final decision if there is an interim decision................... 119

42ZCZS................. Publication of final decision............................................ 119

Subdivision 3D.3—Procedure if proposed amendments not referred to expert advisory committee                                                                                                       119

42ZCZT................. Application..................................................................... 119

42ZCZU................ Final decision without interim decision........................... 120

42ZCZV................ Interim decision required if Secretary decides not to amend as requested                120

42ZCZW............... Final decision if there is interim decision........................ 120

42ZCZX................ Publication of final decision............................................ 120

Part 7—Charges for registration, listing and inclusion, licences, exemptions, costs and fees                                                                                                                                    121

Division 1—Charges for registration, listing and inclusion of therapeutic goods, exemptions and licences                                                                                          121

Subdivision 1—Preliminary                                                                                121

43AAA................. Meaning of turnover and when turnover is of low value 121

Subdivision 1A—Time for payment of certain annual charges                 121

43AAB.................. Time for payment of certain annual charges.................... 121

Subdivision 2—Exemption from liability to pay certain annual charges—therapeutic goods other than IVD devices                                                                       122

43AAAA.............. Application..................................................................... 122

43AABA............... Purpose of this Subdivision............................................ 122

43AABB............... Exemption from liability to pay certain annual charges—2014‑15 financial year—goods entered on Register on or after 1 May 2015 and on or before 30 June 2015            122

43AAC.................. Exemption from liability to pay certain annual charges—2015‑16 financial year     123

43AAD................. Exemption from liability to pay certain annual charges—financial years commencing on or after 1 July 2016............................................................. 127

43AAE.................. Exemption from liability to pay certain annual charges—late notice that turnover was of low value............................................................................... 127

43AAF.................. Person may notify Secretary that turnover of goods for financial year will not be of low value........................................................................................ 129

43AAG................. Secretary may notify person that annual charge is payable if turnover is not of low value........................................................................................ 129

Subdivision 2A—Exemption from liability to pay annual charge—IVD devices          131

43AAGA.............. Purpose of this Subdivision............................................ 131

43AAGB............... Exemption from liability to pay annual charge—2017‑18 financial year  131

43AAGC............... Exemption from liability to pay annual charge—financial years commencing on or after 1 July 2018..................................................................... 132

43AAGD.............. Exemption from liability to pay annual charge—late notice that turnover was of low value........................................................................................ 133

43AAGE............... Person may notify Secretary that turnover of IVD device for financial year will not be of low value............................................................................... 134

43AAGF............... Secretary may notify person that annual charge is payable if turnover is not of low value........................................................................................ 134

Subdivision 2B—Waiver of certain annual charges                                     136

43AAGG.............. Purpose of Subdivision.................................................. 136

43AAH................. Waiver of certain annual charges.................................... 136

Subdivision 3—Charges for licensing                                                               138

43AAJ................... Licensing charge—reduction in certain circumstances.... 138

Division 2—Fees and costs                                                                                     139

43.......................... Fees................................................................................ 139

43A....................... When is no application fee payable?............................... 139

43AA.................... Fee for evaluation—refund in certain circumstances....... 140

43AB..................... Circumstances in which inspection fee covered by annual charge            140

43AC..................... Refund of fees where no evaluation undertaken—registered OTC medicines          140

43AD.................... Fee for therapeutic goods (priority applicant) determination application—refund in certain circumstances.................................................................. 141

44.......................... Testing of samples—recovery of costs........................... 141

45.......................... Waiver or reduction of fees............................................. 141

45AA.................... Payment of fees in instalments........................................ 145

Part 7A—Infringement notices                                                                                  147

45B........................ Purpose and effect of Part............................................... 147

Part 8—Miscellaneous                                                                                                     148

46A....................... Delegation under the Act................................................ 148

46.......................... Release of information.................................................... 148

47.......................... Delegation—powers and functions under these Regulations 149

47A....................... Delegation—powers under paragraphs 19(1)(a), 32CK(1)(d) and 41HB(1)(d) of the Act........................................................................................ 149

47B........................ Provision of information concerning medicines, biologicals and medical devices    150

48.......................... Review of decisions........................................................ 151

Part 9—Transitional                                                                                                         154

Division 1—Transitional provisions relating to the Therapeutic Goods Amendment Regulations 2010 (No. 1)                                                              154

48A....................... Definitions...................................................................... 154

48B........................ Application of 2010 Amendment Regulations................ 154

Division 2—Transitional provisions relating to the Therapeutic Goods Amendment Regulation 2012 (No. 3)                                                                155

49.......................... Transitional..................................................................... 155

Division 3—Transitional provisions relating to the Therapeutic Goods Amendment (Registered Over the Counter Medicines) Regulation 2015              156

50.......................... Application..................................................................... 156

Division 4—Transitional provisions relating to the Therapeutic Goods Legislation Amendment (Charges Exemptions and Other Measures) Regulation 2016                                                                                                                    157

51.......................... Application..................................................................... 157

Division 5—Transitional provisions relating to the Therapeutic Goods Legislation Amendment (2017 Measures No. 1) Regulations 2017 158

52.......................... Definitions...................................................................... 158

53.......................... Transitional—continuing application of evaluation fees for variations of permissible ingredients determinations.............................................. 158

54.......................... Transitional—existing orphan drug designations............ 158

55.......................... Transitional—pending orphan drug designation applications.. 158

56.......................... Transitional—fee waivers in relation to certain designations 159

Schedule 1—Part 2 does not apply to members of an Australian branch of one of these bodies                                                                    160

Schedule 2—Prohibited and required representations       162

Part 1—Prohibited representations                                                                        162

Part 2—Required representations                                                                           164

Part 3—Vitamins referred to in Item 3 of Part 1 of this Schedule      165

Schedule 3—Therapeutic goods required to be included in the part of the Register for registered goods                                         166

Part 1—Therapeutic devices attracting a higher fee, and medicines 166

Part 2—Therapeutic devices attracting a lower fee                                      167

Part 3—Therapeutic goods attracting no fee under Division 1 or 2 of Part 3‑2 of the Act                                                                                                                                    168

Schedule 4—Therapeutic goods required to be included in the part of the Register for listed goods                                                      169

Schedule 5—Therapeutic goods exempt from the operation of Parts 3‑2 and 3‑2A of the Act                                                                              171

Schedule 5A—Therapeutic goods exempt from operation of Parts 3‑2 and 3‑2A of Act subject to conditions                               174

Schedule 5B—Disposal of unused emergency goods and unused emergency biologicals                                                                                          181

1............................ Early end of exemption—notice of goods held............... 181

1A......................... Early cessation of exemption—notice of biologicals held 181

2............................ Expiration of period of exemption—notice of goods held 181

2A......................... Expiration of period of exemption—notice of biologicals held                182

3............................ Storage and disposal of unused emergency goods and unused emergency biologicals........................................................................................ 182

4............................ Direction for disposal of unused emergency goods and unused emergency biologicals........................................................................................ 182

5............................ Relocation of unused emergency goods and unused emergency biologicals            183

6............................ Disposal of unused emergency goods and unused emergency biologicals—destruction........................................................................................ 183

7............................ Disposal of unused emergency goods and unused emergency biologicals—export 184

8............................ Disposal of unused emergency goods and unused emergency biologicals—supply........................................................................................ 184

9............................ Owner to be paid for goods or biologicals supplied....... 185

10.......................... Records about unused emergency goods and unused emergency biologicals          185

11.......................... Failure to comply with this Schedule.............................. 185

Schedule 6—Therapeutic devices prescribed for the purposes of paragraph 26(1)(g) of the Act                                      186

Schedule 7—Therapeutic goods exempt from the operation of Part 3‑3 of the Act unless supplied as pharmaceutical benefits 187

Schedule 8—Persons exempt from the operation of Part 3‑3 of the Act  189

Schedule 9—Fees—therapeutic goods other than biologicals              191

Part 1—Interpretation                                                                                                    191

1............................ Definitions...................................................................... 191

2............................ Part 2 fees do not apply in relation to applications etc. covered by Part 3                194

Part 2—Table of fees other than for applications etc. covered by Part 3                195

3............................ Table of fees................................................................... 195

Part 3—Table of fees for applications etc. in relation to certain OTC medicines               210

4............................ Table of fees................................................................... 210

Schedule 9A—Fees—biologicals                                                                 212

Part 1—Interpretation of table                                                                                  212

1............................ Definitions...................................................................... 212

Part 2—Table of fees                                                                                                       213

Schedule 10—Therapeutic goods for evaluation                      215

Part 1—Evaluation of prescription and other medicines by the Prescription Medicines Authorisation Branch                                                                                  215

Part 2—Evaluation of complementary medicines by the Complementary and OTC Medicines Branch                                                                                           216

Part 3—Evaluation of non‑prescription and other medicines by the Complementary and OTC Medicines Branch                                                                              217

Schedule 12—Patient information documents                            218

1............................ Identification................................................................... 218

2............................ What the product is used for and how it works.............. 218

3............................ Advice before using the medicinal product..................... 218

4............................ How to use the medicinal product properly.................... 219

5............................ Further information......................................................... 219

6............................ Unwanted effects............................................................ 219

7............................ In case of overdose......................................................... 219

8............................ Storage conditions.......................................................... 219

9............................ Where to go for further information................................ 219

10.......................... Sponsor.......................................................................... 220

11.......................... Date of information......................................................... 220

Schedule 13—Patient information documents                            221

1............................ Identification................................................................... 221

2............................ What the product is used for and how it works.............. 221

3............................ Advice before using the medicinal product..................... 221

4............................ How to use the medicinal product properly.................... 222

5............................ Further information......................................................... 222

6............................ Unwanted effects............................................................ 222

7............................ In case of overdose......................................................... 222

8............................ Storage conditions.......................................................... 222

9............................ Where to go for further information................................ 222

10.......................... Sponsor.......................................................................... 222

11.......................... Date of information......................................................... 223

Schedule 14—Designated active ingredients                                  224

Schedule 15—Infringement notices                                                         225

1............................ Definitions...................................................................... 225

2............................ Issue of infringement notice............................................ 225

3............................ Contents of infringement notice...................................... 225

4............................ Service of infringement notices....................................... 226

5............................ Extension of time to pay penalty..................................... 227

6............................ Payment of penalty by instalments.................................. 228

7............................ Withdrawal of infringement notice.................................. 228

8............................ Notice of withdrawal of infringement notice................... 229

9............................ Effect of payment of infringement notice penalty............ 229

10.......................... Refund of penalty........................................................... 230

11.......................... Matter not to be taken into account in determining sentence 230

12.......................... Infringement notice not compulsory............................... 230

Schedule 16—Classes of biologicals                                                        231

Endnotes                                                                                                                                  232

Endnote 1—About the endnotes                                                                          232

Endnote 2—Abbreviation key                                                                              233

Endnote 3—Legislation history                                                                           234

Endnote 4—Amendment history                                                                         238

Endnote 5—Editorial changes                                                                             261

Part 1—Preliminary

  

1  Name of Regulations

                   These Regulations are the Therapeutic Goods Regulations 1990.

2  Interpretation

                   In these Regulations, unless the contrary intention appears:

active ingredient, for a medicine, means a therapeutically active component in the medicine’s final formulation that is responsible for its physiological or pharmacological action.

AHPRA number, of a health practitioner, means the registration number published by the Australian Health Practitioner Regulation Agency in relation to the health practitioner.

analysis includes examination and testing.

antiseptic means a substance:

                     (a)  that is recommended by its manufacturer for:

                              (i)  dermal application; or

                             (ii)  application to the mucous membranes of a person or an animal:

                                        (A)  to kill micro organisms; or

                                        (B)  to prevent the growth of micro organisms to a level that causes or may cause clinical infection; and

                     (b)  that is not represented to be suitable for internal use.

ASMI means Australian Self‑Medication Industry Limited (ACN 607 233 116).

authorised officer, in relation to a provision of these Regulations, means an officer authorised by the Secretary to exercise powers under that provision.

Note:          Regulation 2A provides for the Secretary to authorise certain officers to exercise powers under provisions of these Regulations.

Australian Approved Names List means the document entitled Australian Approved Names List for Therapeutic Substances, as in force from time to time, published by the Therapeutic Goods Administration.

Note 1:       The Australian Approved Names List includes:

(a)    Australian Approved Names—Chemicals List; and

(b)    Australian Approved Names—Biological Lists; and

(c)    the Herbal Substances AAN List.

Note 2:       The Australian Approved Names List may be published as part of a larger document, for example, the document entitled TGA Approved Terminology for Medicines.

C1 (section 9D) application has the meaning given by Part 1 of Schedule 9.

C1 (section 23) application has the meaning given by Part 1 of Schedule 9.

C2 (section 9D) application has the meaning given by Part 1 of Schedule 9.

C2 (section 23) application has the meaning given by Part 1 of Schedule 9.

C3 (section 9D) application has the meaning given by Part 1 of Schedule 9.

C3 (section 23) application has the meaning given by Part 1 of Schedule 9.

C4 (section 9D) application has the meaning given by Part 1 of Schedule 9.

C4 (section 23) application has the meaning given by Part 1 of Schedule 9.

CHCA means the Complementary Healthcare Council of Australia.

Class 1 biological means a biological that is mentioned in Schedule 16 as a Class 1 biological.

Note:          At the time these Regulations commenced, there were no Class 1 biologicals.

Class 1 IVD medical device has the same meaning as in the Therapeutic Goods (Medical Devices) Regulations 2002.

Class 2 biological means a biological that is:

                     (a)  both:

                              (i)  processed using only one or more of the actions of minimal manipulation; and

                             (ii)  for homologous use; or

                     (b)  mentioned in Schedule 16 as a Class 2 biological.

Class 2 IVD medical device has the same meaning as in the Therapeutic Goods (Medical Devices) Regulations 2002.

Class 3 biological means a biological that is:

                     (a)  processed:

                              (i)  using a method in addition to any of the actions of minimal manipulation; and

                             (ii)  in a way that does not change an inherent biochemical, physiological or immunological property; or

                     (b)  mentioned in Schedule 16 as a Class 3 biological.

Class 3 IVD medical device has the same meaning as in the Therapeutic Goods (Medical Devices) Regulations 2002.

Class III medical device has the same meaning as in the Therapeutic Goods (Medical Devices) Regulations 2002.

Class 4 biological means a biological that is:

                     (a)  processed:

                              (i)  using a method in addition to any of the actions of minimal manipulation; and

                             (ii)  in a way that changes an inherent biochemical, physiological or immunological property; or

                     (b)  mentioned in Schedule 16 as a Class 4 biological.

Class 4 IVD medical device has the same meaning as in the Therapeutic Goods (Medical Devices) Regulations 2002.

Complaints Resolution Panel means the panel established under regulation 42R.

complementary medicine means a therapeutic good consisting wholly or principally of 1 or more designated active ingredients, each of which has a clearly established identity and a traditional use.

designated active ingredients, for a complementary medicine, means an active ingredient, or a kind of active ingredient, mentioned in Schedule 14.

designated orphan drug means a medicine in relation to which a designation under regulation 16J is in force.

designated therapeutic goods means therapeutic goods other than:

                     (a)  therapeutic devices; and

                     (b)  goods included in Schedule 3 to the Poisons Standard that are not included in Appendix H of that standard; and

                     (c)  goods included in Schedule 4 or 8 to the Poisons Standard; and

                     (d)  biologicals.

disinfectant means a substance:

                     (a)  that is recommended by its manufacturer for application to an inanimate object to kill micro organisms; and

                     (b)  that is not represented by the manufacturer to be suitable for internal use.

expiry date, for therapeutic goods, means the date (expressed as the month and year) after which the goods should not be used.

Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.

fungicide means a chemical agent that kills a fungus or spores of a fungus.

gene therapy means the in vivo transfer of DNA or RNA into the cells of human recipients.

herbal substance means all or part of a plant or substance (other than a pure chemical or a substance of bacterial origin):

                     (a)  that is obtained only by drying, crushing, distilling, extracting, expressing, comminuting, mixing with an inert diluent substance or another herbal substance or mixing with water, ethanol, glycerol or aqueous ethanol; and

                     (b)  that is not subjected to any other treatment or process other than a treatment or process that is necessary for its presentation in a pharmaceutical form.

high level disinfectant means a disinfectant that kills all microbial pathogens, except bacterial endospores, when used as recommended by its manufacturer.

homoeopathic preparation means a preparation:

                     (a)  formulated for use on the principle that it is capable of producing in a healthy person symptoms similar to those which it is administered to alleviate; and

                     (b)  prepared according to the practices of homoeopathic pharmacy using the methods of:

                              (i)  serial dilution and succussion of a mother tincture in water, ethanol, aqueous ethanol or glycerol; or

                             (ii)  serial trituration in lactose.

homologous use means the repair, reconstruction, replacement, or supplementation of a recipient’s cells or tissues with a biological that performs the same basic function in the recipient as in the donor.

hospital grade disinfectant means a disinfectant that is represented to be suitable for therapeutic use:

                     (a)  in premises used for:

                              (i)  the investigation or treatment of a disease, ailment or injury; or

                             (ii)  procedures that are carried out involving the penetration of the human skin; or

                     (b)  in connection with:

                              (i)  the business of beauty therapy or hairdressing; or

                             (ii)  the practice of podiatry;

but does not include:

                     (c)  an antibacterial clothes preparation; or

                     (d)  a sanitary fluid; or

                     (e)  a sanitary powder; or

                      (f)  a sanitiser.

household grade disinfectant means a disinfectant that is not:

                     (a)  an antibacterial clothes preparation; or

                     (b)  a hospital grade disinfectant; or

                     (c)  a sanitary fluid; or

                     (d)  a sanitary powder; or

                     (e)  a sanitiser.

immediate family, in relation to a person, means the parents, grandparents, spouse, de facto spouse, child or ward of that person.

in‑house IVD medical device has the same meaning as in the Therapeutic Goods (Medical Devices) Regulations 2002.

IVD device means an IVD medical device:

                     (a)  that is:

                              (i)  a Class 1 IVD medical device; or

                             (ii)  a Class 2 IVD medical device; or

                            (iii)  a Class 3 IVD medical device; or

                            (iv)  a Class 4 IVD medical device; and

                     (b)  that is not an in‑house IVD medical device.

IVD medical device has the same meaning as in the Therapeutic Goods (Medical Devices) Regulations 2002.

joint replacement medical device has the same meaning as in the Therapeutic Goods (Medical Devices) Regulations 2002.

minimal manipulation means a process involving any of the following actions:

                     (a)  centrifugation;

                     (b)  trimming, cutting or milling;

                     (c)  flushing or washing;

                     (d)  refrigeration;

                     (e)  freezing;

                      (f)  freeze drying (of structural tissues only);

                     (g)  the use of additives such as cryopreservatives, anticoagulants, antimicrobial agents;

                     (h)  irradiation for the purpose of bioburden reduction;

                      (i)  any other action that is similar to an action mentioned in paragraph (a), (b), (c), (d), (e), (f), (g) or (h).

mother tincture means a preparation prepared by the process of solution, extraction or trituration to prepare homoeopathic preparations.

N1 application has the meaning given by Part 1 of Schedule 9.

N2 application has the meaning given by Part 1 of Schedule 9.

N3 application has the meaning given by Part 1 of Schedule 9.

N4 application has the meaning given by Part 1 of Schedule 9.

N5 application has the meaning given by Part 1 of Schedule 9.

new dosage form medicine means a medicine that:

                     (a)  has the same chemical, biological or radiopharmaceutical active ingredient (or fixed combination of such ingredients) as another medicine that is included in the Register; and

                     (b)  has an indication in common with that other medicine; and

                     (c)  does not have the same dosage form as that other medicine.

new indications medicine means a prescription medicine that:

                     (a)  has the same chemical, biological or radiopharmaceutical active ingredient (or fixed combination of such ingredients) as another prescription medicine included in the Register; and

                     (b)  does not have the same indications as that other medicine.

new prescription medicine means a prescription medicine that contains:

                     (a)  a chemical, biological or radiopharmaceutical active ingredient that has not previously been included in an entry in the Register; or

                     (b)  a fixed combination of chemical, biological or radiopharmaceutical active ingredients at least one of which has not previously been included in an entry in the Register.

NFAA means the Nutritional Foods Association of Australia.

nonconforming biological means a biological that is included in the Register under Part 3‑2A of the Act but does not conform with:

                     (a)  a standard applicable to the biological; or

                     (b)  any manufacturing requirements under the Act for the biological.

official analyst means a person approved by the Secretary under regulation 25.

open shelf life, for therapeutic goods, means the time, after the container holding the goods is opened, after which the goods should not be used.

Note:          For container, see Act, subs 3(1).

OTC medicine means therapeutic goods mentioned in Part 3 of Schedule 10.

pharmaceutical benefit means a Commonwealth pharmaceutical benefit under the National Health Act 1953 or the Veterans’ Entitlements Act 1986.

Poisons Standard has the same meaning as current Poisons Standard.

Practice Guidelines has the meaning given by paragraph 12AB(2)(a).

principal investigator, in relation to a clinical trial of therapeutic goods, means the person who is in charge of the conduct of the trial.

quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in a year.

Required Advisory Statements for Medicine Labels means the advisory statements specified by the Minister by legislative instrument under subsection 3(5A) of the Act.

sample includes part of a sample.

serious, in relation to a form of a disease, condition, ailment or defect, means a form of the disease, condition, ailment or defect that is:

                     (a)  generally accepted as not being appropriate to be diagnosed or treated without consulting a suitably qualified health care professional; or

                     (b)  generally accepted to be beyond the ability of the average person to evaluate accurately, or treat safely, without regular supervision by a suitably qualified health care professional.

specialist has the same meaning as in the Health Insurance Act 1973.

sporicide means a chemical agent that:

                     (a)  kills bacterial spores; and

                     (b)  has the potential to act as a sterilising agent after prolonged contact with an inanimate object.

Standard AS/NZS means a joint Australian and New Zealand Standard published by, or on behalf of, Standards Australia and the body known as Standards New Zealand.

Note:          Section 2B of the Acts Interpretation Act 1901 defines Standards Australia.

sterilant means a chemical agent that kills microbes with the result that the sterility assurance level of a microbial survivor is less than 10^‑6.

submission has the meaning given by subclause 1(2) in Part 1 of Schedule 9.

the Act means the Therapeutic Goods Act 1989.

Therapeutic Goods Advertising Code means the code made under section 42BAA of the Act.

therapeutic goods (priority applicant) determination has the meaning given by subsection 25AAA(2) of the Act.

trade name, for therapeutic goods of a particular kind, means the commercial name:

                     (a)  given to goods of that kind by the manufacturer; and

                     (b)  under which the goods are supplied.

traditional use, for a designated active ingredient, means use of the designated active ingredient that:

                     (a)  is well documented, or otherwise established, according to the accumulated experience of many traditional health care practitioners over an extended period of time; and

                     (b)  accords with well‑established procedures of preparation, application and dosage.

tuberculocide means a chemical agent that kills Mycobacterium tuberculosis and related acid‑fast bacteria.

turnover of therapeutic goods, for Division 1 (other than Subdivision 3) of Part 7, has the meaning given by subregulation 43AAA(2).

unused emergency biological means a biological to which section 32CG of the Act applies.

unused emergency goods means goods to which section 30G of the Act applies.

virucide means a chemical agent that renders a virus non‑infective.

Note:          For the definitions of the following terms, see subsection 3(1) of the Act:

·      medicine

·      poison

·      product information

·      Secretary.

2A  Authorised officers

                   The Secretary may, in writing, authorise any of the following persons to exercise powers under a specified provision of these Regulations:

                     (a)  an officer of the Department, of another Department or of an authority of the Commonwealth;

                     (b)  an officer of:

                              (i)  a Department of State of a State; or

                             (ii)  a Department or administrative unit of the Public Service of a Territory; or

                            (iii)  an authority of a State or of a Territory;

                            being a Department, unit or authority that has functions relating to health matters.

3  Corresponding State law

             (1)  In this regulation:

the Regulations means:

                     (a)  the Therapeutic Goods Regulations 1990; and

                     (b)  the Therapeutic Goods (Medical Devices) Regulations 2002.

             (3)  For the definition of corresponding State law in subsection 3(1) of the Act, each of the following State laws is declared to correspond to the Act and the Regulations:

                     (a)  the Poisons and Therapeutic Goods Act 1966 (NSW);

                     (b)  the Poisons and Therapeutic Goods Regulation 2008 (NSW);

                   (ba)  the Therapeutic Goods (Victoria) Act 2010 (Vic);

                   (bb)  the Controlled Substances Act 1984 (SA);

                   (bc)  the Controlled Substances (Poisons) Regulations 2011 (SA);

                     (c)  the Therapeutic Goods Act 2001 (Tas);

                     (d)  the Therapeutic Goods Regulations 2002 (Tas);

                     (e)  Medicines, Poisons and Therapeutic Goods Act 2008 (ACT);

                      (f)  Medicines, Poisons and Therapeutic Goods Regulation 2008 (ACT);

                     (g)  Medicines, Poisons and Therapeutic Goods Act (NT);

                     (h)  Medicines, Poisons and Therapeutic Goods Regulations (NT).

3AA  Unacceptable presentation of therapeutic goods—prescribed class of medicine

                   For paragraph 3(5)(ca) of the Act, a prescribed class of medicine is medicine for supply in Australia that is not:

                     (a)  a product of a kind mentioned in Part 1 of Schedule 10; or

                     (b)  a medicine that satisfies the following requirements:

                              (i)  the medicine’s label does not contain the advisory statement specified by the Minister under subsection 3(5A) of the Act for the medicine;

                             (ii)  the Secretary has given consent, under sections 14 and 14A of the Act, for the medicine to be imported into, exported from or supplied in Australia without the advisory statement mentioned in subparagraph (i);

                            (iii)  the medicine complies with the terms of the Secretary’s consent mentioned in subparagraph (ii); or

                     (c)  a medicine that satisfies the following requirements:

                              (i)  the medicine only contains ingredients that are specified in a determination under paragraph 26BB(1)(a) of the Act;

                             (ii)  if a determination under paragraph 26BB(1)(b) of the Act specifies requirements in relation to ingredients being contained in the medicine—none of the requirements have been contravened.

3A  Unacceptable presentations

             (1)  For paragraph 3(5)(e) of the Act, any labelling, packaging or presentation of therapeutic goods (including novelty dosage forms in the shape of animals, robots, cartoon characters or other similar objects) that is likely to result in those goods being mistaken for or confused with confectionery or toys is an unacceptable presentation of the goods.

             (2)  For paragraph 3(5)(e) of the Act, the presentation of therapeutic goods is unacceptable if the name applied to the goods is not sufficiently distinctive to allow for the identification of the goods for the purposes of recall.

Part 2—Advertisements

Division 1—Application of Part

4  Application of Part 2

             (1)  This Part applies to advertisements to which Part 5‑1 of the Act applies.

             (2)  For subsection 42AA(2) of the Act, the bodies mentioned in Schedule 1 are prescribed.

4A  Interpretation

                   A term used in this Part and in Part 5‑1 of the Act has the same meaning in this Part as it has in Part 5‑1 of the Act.

Note:          See section 42B of the Act for definitions of terms used in Part 5‑1 of the Act.

Division 2—Advertisements for which approval is needed

5B  Interpretation

                   In this Division:

applicant means an applicant for approval of an advertisement.

approval holder, in relation to an approved advertisement, means the person to whom notice of approval of the advertisement was given.

withdraw, in relation to an approved advertisement, includes withdrawal by any delegate under subregulation 5Q(2) or (3), whether or not that delegate gave the approval and, in the case of an approval given by the NFAA, includes a withdrawal by the CHCA.

5BA  Means that are not broadcast media

                   For the definition of broadcast media in section 42B of the Act, in relation to an advertisement to which this Division applies, each of the following means is declared to be an exempted means:

                     (a)  the Internet;

                     (b)  electronic mail;

                     (c)  narrowcast transmission, being a system the reception of which is limited:

                              (i)  by being targeted to special interest groups; or

                             (ii)  by being intended only for limited locations (for example, arenas or business premises); or

                            (iii)  by being provided during a limited period or to cover a special event; or

                            (iv)  because it provides programs of limited appeal; or

                             (v)  for any other reason;

                     (d)  short message service (SMS), being a system enabling the transmission of short text messages from a digital mobile telephone to another digital mobile telephone;

                     (e)  multimedia messaging service (MMS), being a system enabling the transmission of visual communication, voice communication or electronic mail from a digital mobile telephone to:

                              (i)  another digital mobile telephone; or

                             (ii)  an electronic mail address.

5C  Application of Division

             (1)  This Division applies to advertisements for designated therapeutic goods published or inserted, or intended to be published or inserted, for valuable consideration, in specified media.

             (2)  However, this Division does not apply to an advertisement that consists only of one or more of the following:

                     (a)  the brand name of the goods;

                     (b)  the price of the goods;

                     (c)  the type or style of the goods;

                     (d)  a photographic or other reproduction of the goods that does not contain any claim for therapeutic use in relation to the goods;

                     (e)  the locations or times at which the goods are offered for sale;

                      (f)  any other information reasonably necessary to identify the person offering the goods for sale.

5F  Applications for approval of advertisements

                   An application for approval of an advertisement must be:

                     (a)  made to the Secretary in writing, in a form approved by the Secretary; and

                     (b)  signed by or on behalf of the applicant.

5G  Approval of advertisements

             (1)  If an application for approval of an advertisement is made and the prescribed fee is paid, the Secretary must approve the advertisement if the Secretary is satisfied that it:

                     (a)  complies with the Therapeutic Goods Advertising Code; and

                     (b)  does not contain a prohibited representation (whether in express terms or by necessary implication) about the goods; and

                     (c)  contains a required representation about the goods; and

                     (d)  does not contain an unacceptable presentation of the goods within the meaning of regulation 3A; and

                     (e)  does not contain a restricted representation about the goods the use of which has not been approved under section 42DF of the Act or permitted under subsection 42DK(1) of the Act.

             (3)  Otherwise, the Secretary must refuse to approve the advertisement.

             (4)  An approval may be subject to conditions imposed by the Secretary.

5H  Notice of approval or refusal to approve an advertisement

             (1)  The Secretary must give written notice to the applicant of the approval of, or of the refusal to approve, an advertisement.

             (2)  If written notice is not given to the applicant within 60 days after the day on which the application was made, or within such longer period as may be agreed in writing between the applicant and the Secretary, the Secretary is taken to have approved the advertisement at the end of the period.

             (3)  If an approval is subject to conditions, the conditions must be set out in the notice.

             (4)  A notice of refusal to approve an advertisement must:

                     (a)  give the Secretary’s reasons for the refusal; and

                     (b)  inform the applicant of the applicant’s right to have the Secretary’s decision reviewed by the Minister under regulation 5M.

5J  Distinguishing numbers for approved advertisements

             (1)  The Secretary must allocate a distinguishing number (the approval number) to each approved advertisement.

             (2)  The Secretary must inform the applicant of the approval number at the time of giving notice of the approval of the advertisement.

             (3)  Unless the approval of the advertisement is withdrawn, an approval number expires at the end of 2 years from the date on which it is allocated.

5K  Variation of conditions of approval

             (1)  The Secretary, by written notice to an approval holder, may vary any condition of approval of an approved advertisement.

             (2)  The notice must:

                     (a)  give the Secretary’s reasons for the variation; and

                     (b)  inform the approval holder of the approval holder’s right to have the Secretary’s decision reviewed by the Minister under regulation 5M.

5L  Withdrawal of approval

             (1)  The Secretary, by written notice to an approval holder, may withdraw the approval of an approved advertisement if the Secretary is satisfied that:

                     (a)  information given by the applicant in the application was false or incorrect and the Secretary or the Minister relied on the information in deciding to approve the advertisement; or

                     (b)  a person has contravened section 42C of the Act in relation to the advertisement; or

                     (c)  there has been a breach of a condition of approval; or

                     (d)  because of a change to the facts or circumstances existing when the advertisement was approved, the advertisement no longer complies with the Therapeutic Goods Advertising Code; or

                     (e)  because of a change to the Therapeutic Goods Advertising Code, the advertisement no longer complies with the Code.

             (2)  The Secretary, by written notice to an approval holder, may withdraw the approval of an approved advertisement on the recommendation of the Complaints Resolution Panel following a complaint to the Panel under subregulation 42ZCAB(1).

             (3)  The notice under subregulation (1) or (2) must:

                     (a)  give the Secretary’s reasons for the decision; and

                     (b)  inform the approval holder of the approval holder’s right to have the Secretary’s decision reviewed by the Minister under regulation 5M.

5M  Review by Minister of decisions of the Secretary

             (1)  An applicant or approval holder who is dissatisfied with a decision of the Secretary under regulation 5G, 5K or 5L may request the Minister, in writing, to review the decision.

             (2)  The request must be made within 30 days after notice of the decision is given to the applicant or approval holder.

          (2A)  The request may be accompanied by information in support of the request.

             (3)  If an applicant requests a review of a decision of the Secretary under regulation 5G, the applicant must at the same time send a copy of the request to the Therapeutic Goods Advertising Code Council.

             (4)  The Minister must reconsider the decision of the Secretary as soon as practicable after receiving a request, and may:

                     (a)  confirm the Secretary’s decision; or

                     (b)  revoke the Secretary’s decision and make a decision (including a decision to impose conditions) in substitution for the Secretary’s decision; or

                     (c)  if the decision is a decision of the Secretary under regulation 5K or 5L—revoke the decision without making a decision in substitution for the Secretary’s decision.

          (4A)  In making a decision under subregulation (4), the Minister:

                     (a)  must take into account any information referred to in subregulation (2A); and

                     (b)  must not take into account any other information provided by, or on behalf of, the applicant or approval holder after the making of the request, other than information provided in response to a request from the Minister.

          (4B)  Paragraph (4A)(a) does not otherwise limit the information the Minister may take into account in reconsidering the decision of the Secretary.

             (5)  In making a decision under subregulation (4), the Minister must take into account any recommendation on the matter made by the Therapeutic Goods Advertising Code Council or the Complaints Resolution Panel, as the case requires.

             (6)  Until a decision is made by the Minister, the making of a request does not affect the operation of the Secretary’s decision.

5N  Notice of Minister’s decisions

             (1)  The Minister must give written notice to the applicant or approval holder of the decision of the Minister under regulation 5M.

             (2)  If, in making a decision on review of a decision by the Secretary under regulation 5G, the Minister does not accept a recommendation of the Therapeutic Goods Advertising Code Council, the Minister must notify the applicant of the fact.

             (3)  If the Minister’s decision is to approve an advertisement subject to conditions, the conditions must be set out in the notice.

             (4)  The notice must:

                     (a)  give the Minister’s reasons for the decision; and

                     (b)  inform the applicant or approval holder of the right of the applicant or approval holder to apply to the Administrative Appeals Tribunal under regulation 5P for a review of the Minister’s decision.

5P  Review by Tribunal of decisions of the Minister

                   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Minister under regulation 5M.

5Q  Delegations

             (1)  The Minister may delegate, in writing, a power or function of the Minister under regulation 5M or 5N to an officer of the Department.

             (2)  The Secretary may delegate, in writing, the Secretary’s power under regulation 5G to:

                     (a)  an officer of the Department; or

                     (b)  a medical practitioner registered in a State or internal Territory who is employed by the government of a State or Territory.

             (3)  The Secretary may delegate to the CHCA the Secretary’s power under regulation 5G in relation to an advertisement about designated therapeutic goods that are complementary medicines if the advertisement is to be published or used in specified media of the kind mentioned in paragraph (a), (c) or (d) of the definition of specified media in section 42B of the Act.

             (4)  The Secretary may delegate to the ASMI the Secretary’s power under regulation 5G in relation to:

                     (a)  an advertisement about designated therapeutic goods that are complementary medicines if the advertisement is to be broadcast in broadcast media; and

                     (b)  an advertisement about designated therapeutic goods that are not complementary medicines if the advertisement is to be published or broadcast in specified media.

             (5)  The Secretary may delegate the Secretary’s power under regulation 5K or 5L in relation to a class of advertisements to a person if the Secretary has delegated to the person the Secretary’s power under regulation 5G for the same class of advertisements.

          (5A)  The Secretary may delegate the Secretary’s power under subregulation 5L(2) to withdraw the approval of approved advertisements to the chairperson of the Complaints Resolution Panel.

             (6)  A person exercising a power under a delegation under this regulation must comply with any conditions imposed or directions given by the Minister or Secretary, as the case requires.

Division 3—General provisions about advertising therapeutic goods

6  Restricted representations

                   For subsection 42DD(1) of the Act, Part 2 of Appendix 6 to the Therapeutic Goods Advertising Code is prescribed.

6AA  Prescribed committees

                   For paragraph 42DF(4)(b) of the Act, the following committees are prescribed:

                     (a)  Advisory Committee on Medicines;

                     (b)  Advisory Committee on Complementary Medicines.

6A  Approval of use of restricted representation—public interest criteria

                   For paragraph 42DF(4)(c) of the Act, Part 2 of Appendix 6 to the Therapeutic Goods Advertising Code is prescribed.

6B  Prohibited and required representations

             (1)  For subsection 42DJ(1) of the Act, the following representations are prohibited representations:

                     (a)  the representations in column 2 of an item in Part 1 of Schedule 2 about therapeutic goods in column 3 of that item;

                     (b)  the representations in Part 1 of Appendix 6 to the Therapeutic Goods Advertising Code.

             (2)  For subsection 42DJ(2) of the Act, the representations in column 2 of an item in Part 2 of Schedule 2 about therapeutic goods in column 3 of that item are required representations.

7  Exempt goods and exempt devices

             (1)  For subparagraph 42DL(1)(h)(i) of the Act, the following exempt goods are prescribed:

                     (a)  goods that are exempt from the operation of Part 3‑2 of the Act under subregulation 12(2) or regulation 12A;

                     (b)  goods specified in item 1 of Schedule 5.

             (2)  For subparagraph 42DL(1)(h)(i) of the Act, the following exempt devices are prescribed:

                     (a)  devices that are exempt from the operation of Division 3 of Part 4‑11 of the Act under subregulation 7.1(2) or regulation 7.2 of the Therapeutic Goods (Medical Devices) Regulations 2002;

                     (b)  devices of a kind mentioned in item 1.1 of Schedule 4 to the Therapeutic Goods (Medical Devices) Regulations 2002.

Division 4—Generic information about ingredients or components of therapeutic goods

8  Compliance with the Code

                   For section 42DO of the Act, the principles stated in subsections 4(1), (2), (3), (4), (5) and (6) of the Therapeutic Goods Advertising Code are specified.

8A  Publication of generic information

                   For paragraph 42DP(1)(b) of the Act, the principles contained in subsections 4(1), (2), (3), (4), (5) and (6) of the Therapeutic Goods Advertising Code are specified.

Division 5—General

9  Orders about advertisements or generic information

             (1)  On the recommendation of the Complaints Resolution Panel under subregulation 42ZCAI(3) in relation to an advertisement or generic information about therapeutic goods, the Secretary, by written notice, may order a person to do one or more of the following:

                     (a)  withdraw the advertisement or generic information;

                     (b)  publish a retraction;

                     (c)  publish a correction;

                     (d)  recover any advertisement or generic information that is still in circulation;

                     (e)  destroy the advertisement or generic information;

                      (f)  withdraw a particular claim or representation made by the advertisement or generic information, and not use that claim or representation in any other advertisement or generic information unless the person satisfies the Secretary that the use of the claim or representation would not result in a contravention of the Act, these Regulations or the Therapeutic Goods Advertising Code.

             (2)  An order under subregulation (1) may be subject to conditions imposed by the Secretary.

             (3)  The Secretary may delegate all or any of the Secretary’s powers under subregulation (1) to the chairperson of the Complaints Resolution Panel.

Part 2A—Patient information

  

9A  Information about certain therapeutic goods to be supplied

             (1)  The sponsor of therapeutic goods that are specified in Part 1 of Schedule 10 must not supply the goods if the sponsor does not supply with the goods written information about the goods that meets the requirements for a patient information document set out in Schedule 12.

Penalty:  10 penalty units.

Note:          Additional information must be provided in relation to certain therapeutic goods (other than medical devices) that are manufactured using a human embryo or human embryonic stem cell, or any other material sourced from a human embryo or human embryonic stem cell—see regulation 9B.

    (1AAA)  For subregulation (1), strict liability applies to the physical element that the goods are specified in Part 1 of Schedule 10.

Note:          For strict liability, see section 6.1 of the Criminal Code.

       (1AA)  It is a defence to a prosecution under subregulation (1) if the goods are specified in Schedule 3 to the Poisons Standard.

Note:          A defendant bears an evidential burden in relation to the matters mentioned in subregulation (1AA) (see section 13.3 of the Criminal Code).

          (1A)  The sponsor of therapeutic goods that are:

                     (a)  specified in Schedule 3 of the Poisons Standard; and

                     (b)  are approved for registration on or after 4 July 1995;

must not supply the goods if the sponsor does not supply with the goods written information about the goods that meets the requirements for a patient information document set out in Schedule 13.

Penalty:  10 penalty units.

          (1B)  For the purposes of an offence under subregulation (1A), strict liability applies to the physical element mentioned in paragraph (1A)(a).

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  For the purposes of subregulation (1) or (1A), information must be provided:

                     (a)  in the primary pack in which the therapeutic goods are supplied; or

                     (b)  in another manner that will enable the information to be given to a person to whom the goods are administered or otherwise dispensed.

9B  Information about therapeutic goods manufactured using human embryos

             (1)  A sponsor of therapeutic goods (other than medical devices) commits an offence if:

                     (a)  the sponsor supplies the goods on or after 1 July 2004; and

                     (b)  the sponsor knows the goods were manufactured using a human embryo or human embryonic stem cell, or other material sourced from a human embryo or human embryonic stem cell; and

                     (c)  the goods are of a kind specified in Part 1 of Schedule 10; and

                     (d)  on or after 1 July 2004, the goods are included in the part of the Register for goods known as registered goods; and

                     (e)  the goods are supplied without written information stating that the goods were manufactured using a human embryo or human embryonic stem cell, or other material sourced from a human embryo or human embryonic stem cell.

Penalty:  10 penalty units.

             (2)  Strict liability applies to the physical elements mentioned in paragraphs (1)(c), (d) and (e).

             (3)  The information in relation to the therapeutic goods must be included in:

                     (a)  the patient information document required under regulation 9A; and

                     (b)  the product information in relation to the goods.

             (4)  In this regulation:

human embryo means a live embryo that has a human genome or an altered human genome and that has been developing for less than 8 weeks since the appearance of 2 pro‑nuclei or the initiation of its development by other means.

human embryonic stem cell means undifferentiated cells derived from a human embryo that have the potential to become a wide variety of specialised cell types.

             (5)  For the purposes of the definition of human embryo in subregulation (4), in working out the length of the period of development of a human embryo, any period when the development of the embryo is suspended is to be disregarded.

Part 2C—Australian Register of Therapeutic Goods

Division 2C.1—Registered and listed therapeutic goods

10  Goods to be included in parts of the Register (Act s 9A)

                   For paragraph 9A(4)(a) of the Act:

                     (a)  therapeutic goods, and classes of therapeutic goods, of a kind mentioned in Schedule 3 that are included in the Register are to be included in the part of the Register for registered goods; and

                     (b)  therapeutic goods, and classes of therapeutic goods, of a kind mentioned in Schedule 4 that are included in the Register are to be included in the part of the Register for listed goods.

10AAA  Variation of entries in Register—registered complementary medicines and registered OTC medicines

Kinds of variations

             (1)  For the purposes of paragraph 9D(2C)(b) of the Act, a variation of an entry in the Register that relates to a registered complementary medicine or registered OTC medicine and is listed in the table in subregulation (2) is specified.

Conditions

             (2)  For the purposes of paragraph 9D(2C)(c) of the Act, the following conditions are specified in relation to a variation of an entry in the Register that is listed in column 2 of an item in the following table:

                     (a)  the variation reflects a change that will be made to, or in relation to, the medicine;

                     (b)  the other conditions set out in Version 1.0 of the document entitled Notifications process—requests to vary registered medicines where quality, safety and efficacy are not affected (as in force on the day this regulation commences) in relation to the code listed in column 3 of the item are satisfied.

Note:          Version 1.0 of the document entitled Notifications process—requests to vary registered medicines where quality, safety and efficacy are not affected can be found on the Therapeutic Goods Administration website at http://www.tga.gov.au.

 

Kinds of variations—registered complementary medicines and registered OTC medicines
Column 1	Column 2	Column 3
Item	Variation	Code
1	The addition of a flash including the term “new” or “value pack” to a label or package insert for the medicine	LLN
2	If the name of the medicine’s sponsor is not included in the name of the medicine, a change to the sponsor’s details (including the sponsor’s logo) that are included in a label or package insert for the medicine	LSP
3	A change to the recommended storage conditions for the medicine that are included in a label or package insert for the medicine if the change makes the conditions more restrictive	PSC
4	A decrease in the shelf life of the medicine included in a label or package insert for the medicine	PSR
5	A reduction or removal of an overage for an active ingredient of the medicine	AOV
6	A change to the type of starch (if any) used as an excipient in the medicine	EST
7	Either of the following: (a) if the specifications for the medicine incorporate a default standard—the replacement of that default standard with another default standard; (b) if the specifications for the medicine include in‑house tests—the replacement of those tests with a default standard	QFP
8	Either of the following: (a) if the specifications for the starting materials of the medicine incorporate a default standard—the replacement of that default standard with another default standard; (b) if the specifications for the starting materials of the medicine include in‑house tests—the replacement of those tests with a default standard	QSP
9	If the medicine is in a solid dosage form, and the container is a blister pack, any of the following changes to a material from which the blister pack is made: (a) if the material is polyvinyl chloride—a change to: (i) a material consisting of polyvinyl chloride and polyvinylidene chloride; or (ii) a material consisting of polyvinyl chloride and polychlorotrifluoroethylene; (b) if the material consists of polyvinyl chloride and polyvinylidene chloride—a change to a material consisting of polyvinyl chloride and polychlorotrifluoroethylene; (c) if the material is used in a plastic component of the blister pack—a change to a material with demonstrated equal or lesser water permeability	KBL
10	If the medicine is in a solid dosage form, and the container is a bottle, any of the following changes to a material from which the bottle is made: (a) if the material is polystyrene—a change to polyvinyl chloride, polyethylene, polypropylene or glass; (b) if the material is polyvinyl chloride—a change to polyethylene, polypropylene or glass; (c) if the material is polyethylene: (i) an increase in the material’s density; or (ii) a change to glass, or polypropylene of a density of at least 0.89 grams per cubic centimetre; (d) if the material is glass—a change to polyethylene of a density of at least 0.95 grams per cubic centimetre or polypropylene of a density of at least 0.89 grams per cubic centimetre; (e) if the material is polypropylene of a density of at least 0.89 grams per cubic centimetre—a change to glass, or polyethylene of a density of at least 0.95 grams per cubic centimetre	KBT
11	A change to the closure system for the medicine, unless: (a) the closure system also functions as a metering component of the medicine; or (b) the change involves a change to the pump, or components of the pump, of a metered‑dose aerosol	KCL
12	If a refill pack had previously been supplied with the medicine, the supply of the medicine without the refill pack	KRR
13	If the medicine is non‑sterile, the performance of an additional step in the manufacture of the medicine by a manufacturer of the medicine	AMS
14	If the medicine is non‑sterile, the manufacture of the medicine at an additional site	MMA
15	The cessation of the manufacture of the medicine by a manufacturer	MMD
16	A reduction in the number of steps in the manufacture of the medicine performed by a manufacturer of the medicine	MSD

10AA  Prescribed requests for variations of entries in Register

                   A kind of request mentioned in any of the following definitions is prescribed for the purposes of subparagraph 9D(7)(b)(ii) of the Act:

                     (a)  the definition of C1 (section 9D) application;

                     (b)  the definition of C2 (section 9D) application;

                     (c)  the definition of C3 (section 9D) application;

                     (d)  the definition of C4 (section 9D) application.

10AB  Change of person in whose name goods are listed or registered

Application

             (1)  This regulation applies in relation to a person (the relevant person) in relation to whom therapeutic goods are registered or listed.

Death of person

             (2)  If the relevant person dies, the legal personal representative (the notifying person) of the dead person:

                     (a)  is taken to be the person in relation to whom the therapeutic goods are registered or listed; and

                     (b)  must notify the Secretary, in a form or a manner approved by the Secretary, of the death within 3 months after it occurred.

Bankruptcy of person

             (3)  If the relevant person becomes bankrupt, the trustee in bankruptcy (the notifying person) of the estate of the bankrupt:

                     (a)  is taken to be the person in relation to whom the therapeutic goods are registered or listed; and

                     (b)  must notify the Secretary, in a form or a manner approved by the Secretary, of the bankruptcy within 3 months after the relevant person became bankrupt.

Winding up of body corporate

             (4)  If the relevant person is a body corporate that is being wound up, the liquidator (the notifying person) of the body corporate:

                     (a)  is taken to be the person in relation to whom the therapeutic goods are registered or listed; and

                     (b)  must notify the Secretary, in a form or a manner approved by the Secretary, of the winding up within 3 months after the body corporate is wound up.

Transfer or assignment of business

             (5)  If the relevant person transfers or assigns, in whole or in part, the business to which the therapeutic goods relate or the person’s interest in the therapeutic goods and also agrees to transfer or assign the registration or listing of the therapeutic goods in the Register, the person (the notifying person) to whom the business or interest is transferred or assigned:

                     (a)  is taken to be the person in relation to whom the therapeutic goods are registered or listed; and

                     (b)  must, within 3 months after the transfer or assignment, in a form or a manner approved by the Secretary, notify the Secretary in writing of the transfer or assignment.

Secretary may request further information

             (6)  If the notifying person notifies the Secretary of an event under paragraph (2)(b), (3)(b), (4)(b) or (5)(b), the Secretary may, in writing, request the person to provide further information to the Secretary in relation to the event.

Secretary must amend the Register and provide new certificate

             (7)  If the notifying person notifies the Secretary of an event under paragraph (2)(b), (3)(b), (4)(b) or (5)(b), and the person also provides any further information requested under subregulation (6), the Secretary must:

                     (a)  amend the Register accordingly; and

                     (b)  as soon as practicable after amending the Register:

                              (i)  inform the person of the amendment; and

                             (ii)  make available to the person a certificate of registration or listing.

10AC  Change of name of person

Application

             (1)  This regulation applies in relation to a person in relation to whom therapeutic goods are registered or listed.

Change of name of person

             (2)  If the person changes his, her or its name or, being a corporation, amalgamates with another corporation under a name that is different from the name entered in the Register, the person must, within 3 months after the change of name or amalgamation, notify the Secretary, in a form or a manner approved by the Secretary, of the person’s new name and the circumstance giving rise to it.

Secretary may request further information

             (3)  The Secretary may, in writing, request the person to provide further information to the Secretary about the change of name.

Secretary must amend the Register and provide new certificate

             (4)  If the person notifies the Secretary under subregulation (2) of a new name, and the person also provides any further information requested under subregulation (3), the Secretary must:

                     (a)  amend the Register by entering the new name as the name of the person in relation to whom the therapeutic goods are registered or listed; and

                     (b)  as soon as practicable after entering the new name:

                              (i)  inform the person that the new name has been entered in the Register; and

                             (ii)  make available to the person a new certificate of registration or listing.

10B  Transfers within the Register

             (1)  The person in whose name goods (other than medical devices) are entered in the part of the Register for listed goods must apply to the Secretary to transfer the entry for the goods:

                     (a)  if the goods become subject to inclusion in the part of the Register for registered goods—to the part of the Register for registered goods; or

                     (b)  if the goods are specified by the Secretary to be a biological under subsection 32A(2) of the Act—to the part of the Register for biologicals.

             (2)  If goods (other than medical devices) that are included in the part of the Register for registered goods become subject to inclusion in the part of the Register for listed goods, the person in whose name the goods are entered in the Register may apply to the Secretary:

                     (a)  to transfer the entry for the goods to the part of the Register for listed goods; or

                     (b)  to retain the entry in the part of the Register for registered goods.

             (3)  If goods (other than medical devices) that are included in the part of the Register for registered goods are specified by the Secretary to be a biological under subsection 32A(2) of the Act, the person in whose name the goods are entered in the Register must apply to the Secretary to transfer the entry for the goods to the part of the Register for biologicals.

             (4)  If goods that are included in the Register under Part 3‑2A of the Act cease to be a biological because of a determination made by the Secretary under subsection 32A(3) of the Act, the person in whose name the goods are included in the Register must apply to the Secretary to transfer the entry for the goods to the part of the Register for:

                     (a)  listed goods; or

                     (b)  registered goods; or

                     (c)  medical devices.

             (5)  The person in whose name goods are included in the Register under Chapter 4 of the Act as a kind of medical device may apply to the Secretary to transfer the entry for the goods to the part of the Register for registered goods or the part of the Register for listed goods if the goods cease to be a medical device because of a declaration under subsection 41BD(3) of the Act.

             (6)  The person in whose name goods are included in a part of the Register must apply to the Secretary to transfer the entry for the goods to the part of the Register for biologicals if the goods:

                     (a)  are included in the Register as a medical device under Chapter 4 of the Act; and

                     (b)  cease to be a medical device because of a declaration under subsection 41BD(3) of the Act; and

                     (c)  are a biological.

             (7)  An application under subregulation (1), (3), (4) or (6) must be made:

                     (a)  if the Secretary notifies the person in whose name the goods are entered in the Register of a reasonable period within which the application must be made—within that period; or

                     (b)  in any other case—within 15 months after the day when the goods:

                              (i)  became subject to inclusion in the part of the Register for registered goods; or

                             (ii)  were specified by the Secretary to be a biological under subsection 32A(2) of the Act.

Penalty:  5 penalty units.

             (8)  An offence under subregulation (7) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (9)  In determining a period of notice for paragraph (7)(a), the Secretary must consider:

                     (a)  the ability of the person in whose name the goods are entered in the Register to provide the information necessary to support the transfer of the entry; and

                     (b)  the reasons for the transfer in relation to the protection of the public.

           (10)  It is not an offence for the sponsor of goods to which subregulation (1), (3), (4) or (6) applies to import, export, supply or manufacture the goods as listed goods, registered goods, medical devices included in the Register under Chapter 4 of the Act or biologicals included in the Register under Part 3‑2A of the Act until the later of:

                     (a)  expiry of the time for making the application under subregulation (7); or

                     (b)  if an application is made—when the application is determined.

           (11)  An application under this regulation is taken to be an application for registration, listing or inclusion of the goods.

10C  Re‑assignment of registration or listing numbers

             (1)  A person in whose name therapeutic goods or grouped therapeutic goods are registered or listed may apply for the therapeutic goods to be assigned a different registration or listing number.

             (2)  An application:

                     (a)  must be made in writing to the Secretary and delivered to an office of the Department; and

                     (b)  must have with it written information in such detail as is reasonably necessary to allow the application to be properly considered; and

                     (c)  may contain a nomination referred to in subparagraph (6)(b)(ii).

             (3)  The Secretary may assign to therapeutic goods that:

                     (a)  were grouped therapeutic goods when a registration or listing number was assigned, or last assigned, to the goods; and

                     (b)  are not grouped therapeutic goods when:

                              (i)  the application is decided; or

                             (ii)  an order is made under section 16 of the Act in relation to the goods;

a registration or listing number that is not assigned to other therapeutic goods or grouped therapeutic goods.

             (4)  The Secretary must assign to grouped therapeutic goods that:

                     (a)  were in a gazetted therapeutic devices group or a gazetted therapeutic goods group when a registration or listing number was assigned, or last assigned, to the goods; and

                     (b)  are in a gazetted therapeutic devices group, or a gazetted therapeutic goods group, other than a group referred to in paragraph (a), when:

                              (i)  the application is decided; or

                             (ii)  an order is made under section 16 of the Act in relation to the goods;

a registration or listing number that is not assigned to other therapeutic goods or grouped therapeutic goods.

             (5)  The Secretary must assign to therapeutic goods that:

                     (a)  were not grouped therapeutic goods when a registration or listing number was assigned, or last assigned, to the goods; and

                     (b)  are grouped therapeutic goods when:

                              (i)  the application is decided; or

                             (ii)  an order is made under section 16 of the Act in relation to the goods;

a registration or listing number in accordance with subregulation (6).

             (6)  The Secretary:

                     (a)  may assign to grouped therapeutic goods to which subregulation (5) applies another registration or listing number; and

                     (b)  must assign to those goods a registration or listing number that:

                              (i)  was assigned, or last assigned, to the goods; and

                             (ii)  is nominated by the person in whose name the goods are registered or listed;

not being a registration or listing number that is assigned to other therapeutic goods or grouped therapeutic goods.

10D  Notice of reassignment of registration or listing numbers

                   The Secretary must give notice, in writing, to a person in whose name therapeutic goods, or kinds of therapeutic goods, are registered or listed if a registration or listing number is assigned to the goods under regulation 10C.

Division 2C.2—Medical devices included in the Register under Chapter 4

10E  Goods to be included in part of the Register for medical devices (Act s 9A)

                   For paragraph 9A(4)(a) of the Act, therapeutic goods, and classes of therapeutic goods, that are medical devices and that are included in the Register under Chapter 4 of the Act are to be included in the part of the Register for medical devices.

10F  Change of person in relation to whom a medical device is included in the Register under Chapter 4 of the Act

Application

             (1)  This regulation applies in relation to a person (the relevant person) in relation to whom a kind of medical device is included in the Register under Chapter 4 of the Act.

Death of person

             (2)  If the relevant person dies, the legal personal representative (the notifying person) of the dead person:

                     (a)  is taken to be the person in relation to whom the kind of device is included in the Register under Chapter 4 of the Act; and

                     (b)  must notify the Secretary, in a form or a manner approved by the Secretary, of the death within 3 months after it occurred.

Bankruptcy of person

             (3)  If the relevant person becomes bankrupt, the trustee in bankruptcy (the notifying person) of the estate of the bankrupt:

                     (a)  is taken to be the person in relation to whom the kind of device is included in the Register under Chapter 4 of the Act; and

                     (b)  must notify the Secretary, in a form or a manner approved by the Secretary, of the bankruptcy within 3 months after the relevant person became bankrupt.

Winding up of body corporate

             (4)  If the relevant person is a body corporate that is being wound up, the liquidator (the notifying person) of the body corporate:

                     (a)  is taken to be the person in relation to whom the kind of device is included in the Register under Chapter 4 of the Act; and

                     (b)  must notify the Secretary, in a form or a manner approved by the Secretary, of the winding up within 3 months after the body corporate is wound up.

Transfer or assignment of business

             (5)  If the relevant person transfers or assigns, in whole or in part, the business to which the kind of medical device relates or the person’s interest in the kind of medical device and also agrees to transfer or assign the inclusion of the kind of medical device in the Register, the person (the notifying person) to whom the business or interest is transferred or assigned:

                     (a)  is taken to be the person in relation to whom the kind of medical device is included in the Register under Chapter 4 of the Act; and

                     (b)  must, within 3 months after the transfer or assignment, in a form or a manner approved by the Secretary, notify the Secretary in writing of the transfer or assignment.

Secretary may request further information

             (6)  If the notifying person notifies the Secretary of an event under paragraph (2)(b), (3)(b), (4)(b) or (5)(b), the Secretary may, in writing, request the person to provide further information to the Secretary in relation to the event.

Secretary must amend the Register and provide new certificate

             (7)  If the notifying person notifies the Secretary of an event under paragraph (2)(b), (3)(b), (4)(b) or (5)(b), and the person also provides any further information requested under subregulation (6), the Secretary must:

                     (a)  amend the Register accordingly; and

                     (b)  as soon as practicable after amending the Register:

                              (i)  inform the person of the amendment; and

                             (ii)  make available to the person a certificate of the inclusion of the kind of device in the Register under Chapter 4 of the Act.

10FA  Change of name of person

Application

             (1)  This regulation applies in relation to a person in relation to whom a kind of medical device is included in the Register under Chapter 4 of the Act.

Change of name of person

             (2)  If the person changes his, her or its name or, being a corporation, amalgamates with another corporation under a name that is different from the name entered in the Register in relation to the kind of medical device, the person must, within 3 months after the change of name or amalgamation, notify the Secretary, in a form or a manner approved by the Secretary, of the person’s new name and the circumstance giving rise to it.

Secretary may request further information

             (3)  The Secretary may, in writing, request the person to provide further information to the Secretary about the change of name.

Secretary must amend the Register and provide new certificate

             (4)  If the person notifies the Secretary under subregulation (2) of a new name, and the person also provides any further information requested by the Secretary under subregulation (3), the Secretary must:

                     (a)  amend the Register by entering the new name as the name of the person in relation to whom the kind of device is included in the Register under Chapter 4 of the Act; and

                     (b)  as soon as practicable after entering the new name:

                              (i)  inform the person that the new name has been entered in the Register; and

                             (ii)  make available to the person a new certificate of the inclusion of the kind of device in the Register under that Chapter.

Division 2C.3—Biologicals included in the Register

10G  Goods to be included in the part of the Register for biologicals

                   For paragraph 9A(4)(a) of the Act, therapeutic goods, and classes of therapeutic goods, that are biologicals and that are included in the Register under Part 3‑2A of the Act are to be included in the part of the Register for biologicals.

10H  Change of person for whom a biological is included in the Register under Part 3‑2A of the Act

Application

             (1)  This regulation applies to a person (the relevant person) in relation to whom a biological is included in the Register under Part 3‑2A of the Act.

Death of person

             (2)  If the relevant person dies, the legal personal representative (the notifying person) of the dead person:

                     (a)  is taken to be the person in relation to whom the biological is included in the Register under Part 3‑2A of the Act; and

                     (b)  must notify the Secretary, in a form or a manner approved by the Secretary, of the death within 3 months after it occurred.

Bankruptcy of person

             (3)  If the relevant person becomes bankrupt, the trustee in bankruptcy (the notifying person) of the estate of the bankrupt:

                     (a)  is taken to be the person in relation to whom the biological is included in the Register under Part 3‑2A of the Act; and

                     (b)  must notify the Secretary, in a form or a manner approved by the Secretary, of the bankruptcy within 3 months after the relevant person became bankrupt.

Winding up of body corporate

             (4)  If the relevant person is a body corporate that is being wound up, the liquidator (the notifying person) of the body corporate:

                     (a)  is taken to be the person in relation to whom the biological is included in the Register under Part 3‑2A of the Act; and

                     (b)  must notify the Secretary, in a form or a manner approved by the Secretary, of the winding up within 3 months after the body corporate is wound up.

Transfer or assignment of business

             (5)  If the relevant person transfers or assigns, in whole or in part, the business to which the biological relates or the person’s interest in the biological and also agrees to transfer or assign the inclusion of the biological in the Register, the person (the notifying person) to whom the business or interest is transferred or assigned:

                     (a)  is taken to be the person in relation to whom the biological is included in the Register under Part 3‑2A of the Act; and

                     (b)  must notify the Secretary, in a form or a manner approved by the Secretary, of the transfer or assignment within 3 months after the transfer or assignment.

Secretary may request further information

             (6)  If the notifying person notifies the Secretary of an event under paragraph (2)(b), (3)(b), (4)(b) or (5)(b), the Secretary may, in writing, request the person to provide further information to the Secretary in relation to the event.

Secretary must amend the Register and provide new certificate

             (7)  If the notifying person notifies the Secretary of an event under paragraph (2)(b), (3)(b), (4)(b) or (5)(b), and the person also provides any further information requested by the Secretary under subregulation (6), the Secretary must:

                     (a)  amend the Register accordingly; and

                     (b)  as soon as practicable after amending the Register:

                              (i)  inform the person of the amendment; and

                             (ii)  make available to the person a certificate of the inclusion of the biological in the Register under Part 3‑2A of the Act.

10HA  Change of name of person

Application

             (1)  This regulation applies to a person in relation to whom a biological is included in the Register under Part 3‑2A of the Act.

Change of name of person

             (2)  If the person changes his, her or its name or, being a corporation, amalgamates with another corporation under a name that is different from the name entered in the Register in relation to the biological, the person must, within 3 months after the change of name or amalgamation, notify the Secretary, in a form or a manner approved by the Secretary, of the person’s new name and the circumstance giving rise to it.

Secretary may request further information

             (3)  The Secretary may, in writing, request the person to provide further information to the Secretary about the change of name.

Secretary must amend the Register and provide new certificate

             (4)  If the person notifies the Secretary under subregulation (2) of a new name, and the person also provides any further information requested by the Secretary under subregulation (3), the Secretary must:

                     (a)  amend the Register by entering the new name as the name of the person in relation to whom the biological is included in the Register under Part 3‑2A of the Act; and

                     (b)  as soon as practicable after entering the new name:

                              (i)  inform the person that the new name has been entered in the Register; and

                             (ii)  make available to the person a new certificate of the inclusion of the biological in the Register under that Part.

10I  Re‑assignment of biological numbers

             (1)  A person in whose name a biological is included in the Register under Part 3‑2A of the Act may apply for the biological to be assigned a different biological number.

             (2)  The application:

                     (a)  must be made in writing to the Secretary and delivered to an office of the Department; and

                     (b)  must have with it written information in sufficient detail to allow the application to be properly considered.

             (3)  The Secretary may assign to the biological a biological number that is not assigned to another biological.

10J  Notice of reassignment of biological numbers

                   The Secretary must give notice, in writing, to a person in whose name a biological is included in the Register under Part 3‑2A of the Act if a biological number is assigned to the biological under regulation 10I.

Part 3—Registration, inclusion, listing and exemption of therapeutic goods

  

11  Characteristics that separate and distinguish certain medicines from other therapeutic goods

             (1)  For paragraph 16(1A)(d) of the Act, different characteristics are:

                     (a)  a different name; or

                     (b)  different indications; or

                     (c)  a different excipient; or

                     (d)  for medicines that contain any restricted ingredients:

                              (i)  a different quantity of a restricted ingredient that is an excipient; or

                             (ii)  if the restriction on a restricted ingredient relates to its concentration in a relevant medicine—a different concentration of the restricted ingredient; or

                            (iii)  if the restriction on a restricted ingredient relates to its quantity in the recommended single or daily dose in a relevant medicine—different directions for use setting out a different recommended single or daily dose.

             (2)  A substance is a restricted ingredient if:

                     (a)  it is an ingredient in a relevant medicine; and

                     (b)  for that medicine to be, or to remain, eligible for listing, the permissible quantity or concentration of the substance in the medicine is restricted by operation of any of the following:

                              (i)  Schedule 4;

                             (ii)  the Poisons Standard;

                            (iii)  a condition imposed under section 28 of the Act;

                            (iv)  a standard under section 10 of the Act;

                             (v)  the Required Advisory Statements for Medicine Labels;

                            (vi)  any other provision in these Regulations or in the Act that deals with eligibility of medicines for listing.

             (3)  In this regulation:

relevant medicine means a medicine that is listable goods or listed goods and that is not an export only medicine.

11A  Characteristics that separate and distinguish certain biologicals from other biologicals

             (1)  For section 32AB of the Act:

                     (a)  a Class 1 or Class 2 biological is separate and distinct from other biologicals if any of the following characteristics of the biological differ from other biologicals:

                              (i)  applicable standards;

                             (ii)  intended clinical use;

                            (iii)  principal manufacturer; and

                     (b)  a Class 3 or Class 4 biological is separate and distinct from other biologicals if any of the following characteristics of the biological differ from other biologicals:

                              (i)  product name;

                             (ii)  dosage form;

                            (iii)  formulation or composition;

                            (iv)  therapeutic indication;

                             (v)  type of container, regardless of container size;

                            (vi)  principal manufacturer.

          (1A)  However, a biological is not separate and distinct from other biologicals under subregulation (1) if:

                     (a)  the biological is separate and distinct from other biologicals under that subregulation by reason only of a difference in a characteristic mentioned in subparagraph (1)(a)(ii) or (1)(b)(iv); and

                     (b)  the difference in that characteristic is the result of a request made under subsection 9D(3AA) of the Act to vary the entry of the biological in the Register.

             (2)  In this regulation:

principal manufacturer means the person who carries out the total manufacture of a product or, if more than one manufacturer is involved, the person who takes overall responsibility for the manufacture of the product, including releasing the product for supply.

12  Exempt goods

             (1)  For subsections 18(1) and 32CA(2) of the Act, the therapeutic goods or classes of therapeutic goods mentioned in Schedule 5 are exempt from the operation of the following provisions of the Act:

                     (a)  Part 3‑2 (except sections 30EA, 31A and 31C to 31F);

                     (b)  Division 4 of Part 3‑2A.

             (2)  For subsections 18(1) and 32CA(2) of the Act, the therapeutic goods or classes of therapeutic goods mentioned in column 2 of an item in Schedule 5A are exempt from the operation of the following provisions of the Act:

                     (a)  Part 3‑2 (except sections 30EA, 31A and 31C to 31F);

                     (b)  Division 4 of Part 3‑2A.

             (3)  The exemptions mentioned in subregulation (2) are subject to compliance with the conditions mentioned in column 3 of an item in Schedule 5A for the therapeutic goods.

             (4)  If therapeutic goods to which this regulation applies cease to be exempt from the operation of Part 3‑2 or Division 4 of Part 3‑2A of the Act and the sponsor of the goods applied for registration, listing, or inclusion of the goods in the Register before the exemption ceased, this regulation is taken to apply to the goods until the application for registration, listing or inclusion in the Register is determined.

12A  Unapproved medicines and biological—exemption in life‑threatening cases

             (1)  For the purposes of subsection 18(1) of the Act, all medicines, other than medicines of a class or kind listed in the 9th Schedule to the Poisons Standard, as in force from time to time, are exempted, subject to subregulation (2), from the operation of Part 3‑2 of the Act (except section 31A and sections 31C to 31F).

          (1A)  For the purposes of subsection 32CA(2) of the Act, and subject to subregulation (2), all biologicals are exempt from the operation of Division 4 of Part 3‑2A of the Act.

             (2)  The exemption of a medicine under subregulation (1), or of a biological under subregulation (1A), is subject to compliance with the following conditions:

                     (a)  the medicine or biological is to be given to a person who satisfies the following criteria:

                              (i)  the person is a Category A patient (as defined in subregulation (5)); and

                             (ii)  the person, or the guardian of the person, has given informed consent (as defined in subregulation (5)) to the medicine or biological being given to the person; and

                            (iii)  the medical practitioner by whom, or at whose direction, the medicine or biological is to be given to the person has signed a statement in relation to the person in the form approved by the Secretary for the purposes of this paragraph; and

                     (b)  the medicine or biological is dispensed on the prescription of a medical practitioner who has prescribed the medicine or biological in accordance with good medical practice.

             (3)  A person who signs a statement referred to in subparagraph (2)(a)(iii) in relation to a medicine or biological to be given to a person must send a copy of the statement to the Secretary within 28 days after the medicine or biological is given to the person.

Penalty:  10 penalty units.

          (3A)  An offence under subregulation (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  This regulation does not affect the operation of regulation 12.

             (5)  In this regulation:

Category A patient means a person who is seriously ill with a condition from which death is reasonably likely to occur within a matter of months, or from which premature death is reasonably likely to occur in the absence of early treatment.

informed consent, in relation to treatment or proposed treatment, means consent freely given by a person on the basis of information concerning the potential risks and benefits of the treatment that was sufficient information to allow the person to make an informed decision whether to consent to the treatment.

12AAB  Disposal of unused emergency goods and unused emergency biologicals

             (1)  For subsections 30G(2) and 32CG(2) of the Act, Schedule 5B sets out the requirements for an arrangement for disposal of unused emergency goods and unused emergency biologicals.

             (2)  Nothing in this regulation or in Schedule 5B is taken to prevent a disposal of unused emergency goods if:

                     (a)  the goods have become (whether in relation to an indication for which the goods could have been used under the exemption or in relation to a different indication):

                              (i)  registered goods or listed goods; or

                             (ii)  exempt goods under section 18 of the Act; or

                            (iii)  goods that are the subject of an approval or authority under section 19 of the Act; or

                            (iv)  goods that are the subject of an approval under section 19A of the Act; and

                     (b)  the disposal is in accordance with other provisions of the Act and these Regulations relevant to the goods.

             (3)  Nothing in this regulation or in Schedule 5B is taken to prevent a disposal of an unused emergency biological if:

                     (a)  the biological has become (whether in relation to an indication for which the biological could have been used under the exemption or in relation to a different indication):

                              (i)  included in the Register under Part 3‑2A of the Act; or

                             (ii)  exempt under subsection 32CA(2) of the Act; or

                            (iii)  the subject of an approval or authority under section 32CK or 32CM of the Act; or

                            (iv)  the subject of an approval under section 32CO of the Act; and

                     (b)  the disposal is in accordance with other provisions of the Act and these Regulations relevant to the biological.

12AA  Applications for special and experimental uses

                   Without limiting the information that may be required by the Secretary under subsection 19(2) or 32CK(3) or (4) of the Act, that information may include, for therapeutic goods the subject of an application under subsection 19(1) or 32CK(1) of the Act for a use described in paragraph 19(1)(b) or 32CK (1)(e) of the Act:

                     (a)  the names of the members of the ethics committee that has given approval for each proposed clinical trial of the goods and that will have responsibility for monitoring the conduct of each trial; and

                     (b)  the name of, and the contact details for, the principal investigator for each trial; and

                     (c)  the name of the person who will be in charge of the trial site (or each trial site, if the trial is to be conducted at more than 1 site), unless that person is the principal investigator; and

                     (d)  information about whether or not any conditions specified by the committee have been met.

12AB  Goods imported etc for experimental uses

             (1)  For subsections 19(1A) and 32CK(8) of the Act, this regulation specifies conditions attaching to an approval for the importation or supply of therapeutic goods for use solely for experimental purposes in humans.

             (2)  Before any clinical trials proposed to be undertaken in relation to the goods are started, the Secretary, must receive from the person to whom the approval is granted, and the principal investigator for each trial site:

                     (a)  a written assurance that clinical trials will be conducted in accordance with the Guidelines for Good Clinical Practice (the Practice Guidelines), as in force from time to time, published jointly by the International Conference on Harmonisation on Technical Requirements for Registration of Pharmaceuticals for Human Use and the Committee for Medicinal Products; and

                     (b)  a written undertaking:

                              (i)  to comply with requests by an authorised officer, whether made before or after the start of the trial, to give information about the conduct of the trial; and

                             (ii)  allow an authorised officer to do the things mentioned in regulation 12AC.

12AC  Powers of authorised officers in relation to goods imported etc for experimental uses

             (1)  An authorised officer may, in relation to a clinical trial mentioned in regulation 12AB:

                     (a)  enter the site of the trial; and

                     (b)  search the site and any thing on the site; and

                     (c)  inspect, examine, take measurements of, or conduct tests on (including by the taking of samples), any thing on the site that relates to the trial; and

                     (d)  take photographs, make video recordings or make sketches of the site or any thing on the site; and

                     (e)  inspect any book, record or document on the site that relates to the trial; and

                      (f)  request the principal investigator to:

                              (i)  answer any questions put by the authorised officer; and

                             (ii)  produce any book, record or document requested by the authorised officer.

             (2)  An authorised officer is not entitled to do a thing mentioned in subregulation (1) if:

                     (a)  the principal investigator, or any other person present at the site concerned and in apparent control, requests the authorised officer to produce his or her identity card for inspection; and

                     (b)  the authorised officer fails to comply with the request.

Note:          For identity cards, see section 52 of the Act.

             (3)  The principal investigator, or any other person present at the site and in apparent control, is entitled to observe a search conducted under paragraph (1)(b), but must not impede the search.

             (4)  Subregulation (3) does not prevent 2 or more areas of the site being searched at the same time.

12AD  Use of goods for experimental purposes—specified conditions

                   For subsections 19(4A) and 32CL(1) of the Act, the following conditions are specified:

                     (a)  the use of therapeutic goods in a clinical trial must be in accordance with the Practice Guidelines;

                     (b)  the use must comply with a procedural protocol approved by the ethics committee that has the function of monitoring the conduct of the trial at each trial site;

                     (c)  the use must be in accordance with the ethical standards set out in the National Statement on Ethical Conduct in Research Involving Humans, as in force from time to time, published by the National Health and Medical Research Council;

                     (d)  the use must cease if the ethics committee mentioned in paragraph (b) informs the principal investigator that the use is inconsistent with:

                              (i)  the protocol mentioned in paragraph (b); or

                             (ii)  any condition subject to which approval for the use was given.

12B  Exemptions for certain uses—medicines and therapeutic devices

             (1)  For the purposes of paragraph 19(6)(a) of the Act, in relation to medicines, medical practitioners engaged in clinical practice in or outside a hospital are a prescribed class of medical practitioners.

          (1A)  For the purposes of subsection 19(6) of the Act, in relation to medicines, paragraph 19(6)(aa) does not apply to a medical practitioner engaged in clinical practice outside a hospital if the medical practitioner:

                     (a)  has demonstrated that, in relation to the proposed supply of the medicines, the medical practitioner does not have access to an ethics committee that could approve the supply; and

                     (b)  has received an endorsement, from a specialist college with established expertise relevant to the use of the medicines, to supply the medicines.

             (2)  The class of recipients prescribed for the purposes of paragraph 19(6)(b) of the Act is the class of recipients consisting of persons each of whom is suffering from a life‑threatening, or otherwise serious, illness or condition.

             (3)  For the purposes of subsection 19(7) of the Act, the prescribed circumstances in which a medicine, or a class of medicines, may be supplied in accordance with an authority under subsection 19(5) of the Act are that the supplier of the medicine or class of medicines complies with the treatment directions (if any) mentioned in the authority for the medicine or class of medicine.

             (4)  For the purposes of subsection 19(7) of the Act, the prescribed circumstances in which a therapeutic device, or a class of therapeutic devices, may be supplied in accordance with an authority under subsection 19(5) of the Act are:

                     (a)  that, in each case, the medical practitioner authorised under subsection 19(5) of the Act:

                              (i)  is a specialist engaged in clinical practice at a hospital; and

                             (ii)  is endorsed by the relevant ethics committee of the hospital; and

                     (b)  that the authority states the particular therapeutic intervention, or class of therapeutic intervention, for which the medical practitioner may supply the therapeutic device or class of therapeutic devices.

             (5)  For the purposes of paragraph 19(7B)(b) of the Act, rules made under subsection 19(7A) of the Act must not specify a medicine or a class of medicines if the medicine, or a medicine included in the class, contains a substance of a kind covered by an entry in Schedule 8, 9 or 10 to the Poisons Standard.

             (6)  For the purposes of paragraph 19(7D)(b) of the Act, the information that must be contained in a notification under subsection 19(7C) of the Act in relation to the supply by a health practitioner of a medicine to a person is as follows:

                     (a)  the person’s initials, date of birth and gender;

                     (b)  each medical condition in relation to which the medicine was supplied;

                     (c)  each indication of the medicine in relation to which the medicine was supplied;

                     (d)  each active ingredient of the medicine;

                     (e)  the dosage form of the medicine;

                      (f)  if the release mechanism of the medicine was clinically relevant to the supply of the medicine—information about the release mechanism;

                     (g)  if the route of administration of the medicine was clinically relevant to the supply of the medicine—information about the route of administration;

                     (h)  the practitioner’s name, AHPRA number and contact details;

                      (i)  the health profession in which the practitioner is registered or licensed to practise;

                      (j)  the address of the practitioner’s principal place of practice.

12C  Exemptions for health practitioners—biologicals

             (1)  For paragraph 32CM(4)(a) of the Act, the class of medical practitioners engaged in clinical practice in or outside a hospital is prescribed.

             (2)  For subsection 32CM(4) of the Act, paragraph 32CM(4)(b) does not apply to a medical practitioner engaged in clinical practice outside a hospital if the medical practitioner:

                     (a)  has demonstrated that, for the proposed supply of the biological, the medical practitioner does not have access to an ethics committee that could approve the supply; and

                     (b)  has received an endorsement, from a specialist college with established expertise relevant to the use of the biological, to supply the biological.

             (3)  For subsection 32CM(5) of the Act, the class of recipients each of whom is suffering from a life‑threatening, or serious, illness or condition is prescribed.

             (4)  For subsection 32CM(6) of the Act, the circumstances are that the supplier of the biological complies with any treatment directions mentioned in the authority for the biological.

             (5)  For the purposes of paragraph 32CM(7D)(b) of the Act, the information that must be contained in a notification under subsection 32CM(7C) of the Act in relation to the supply by a health practitioner of a biological to a person is as follows:

                     (a)  the person’s initials, date of birth and gender;

                     (b)  each medical condition in relation to which the biological was supplied;

                     (c)  each indication of the biological in relation to which the biological was supplied;

                     (d)  a description of the biological, including the following:

                              (i)  the product name of the biological;

                             (ii)  each active ingredient of the biological;

                            (iii)  the route of administration of the biological;

                     (e)  the practitioner’s name, AHPRA number and contact details;

                      (f)  the health profession in which the practitioner is registered or licensed to practise;

                     (g)  the address of the practitioner’s principal place of practice.

15  Application of registration or listing number to goods

             (1)  For the purposes of paragraphs 19D(3)(c) and (4)(c) of the Act, the registration number or listing number of therapeutic goods is to be set out on the label of the goods in the following manner:

                     (a)  in the case of a therapeutic device included in the part of the Register for registered goods—by writing the number so that it is clearly visible to the user:

                              (i)  on the label on the device; or

                             (ii)  on the label on the outermost level of packaging in which the device is to be supplied to its user;

                            and, where more than one device is packaged for supply together, on the label on the outermost surface of the outermost package; and

                     (b)  in the case of medicines—by writing the number on the label on the container of the medicines, or, if the container is enclosed in a primary pack for supply, on the label on that primary pack; and

                     (c)  subject to subregulation (2), in each case—by writing the number on the main label, or on a securely affixed sticker adjacent to the main label, immediately preceded by:

                              (i)  “AUST R” in the case of registered goods; and

                             (ii)  “AUST L” in the case of listed goods;

                            the numbers and letters in each case being not less than 1 millimetre in height.

             (2)  If the Secretary is satisfied that compliance with paragraph (1)(c) in a particular case is not practicable, he or she may give a direction in writing that states an alternative manner in which the relevant number, immediately preceded by the appropriate letters stated in subparagraphs (1)(c)(i) or (ii), is to be set out, and in that case the number and letters are to be set out in accordance with the direction.

15A  Conditions of registration and listing of medicines

                   For the purposes of paragraphs 28(5)(ca) and (e) of the Act, a person in relation to whom a medicine is registered or listed must comply with the record‑keeping requirements (if any) and the reporting requirements (if any) set out in the document published by the Therapeutic Goods Administration titled Pharmacovigilance Responsibilities of Medicine Sponsors, as in force from time to time.

16  Listing of Therapeutic Goods

             (1)  For the purposes of paragraph 26(1)(g) of the Act, the therapeutic devices specified in Schedule 6 are prescribed.

16AA  Information or documents that Secretary may require

Information or documents relating to registered goods

             (1)  For paragraph 31(1)(k) of the Act, the following matters are prescribed:

                     (a)  matters relating to the scheme provided in Subdivision 2 of Division 1 of Part 7 of these Regulations for exempting a person from liability to pay an annual registration charge in respect of the goods for a financial year, based on low value turnover of the goods;

                     (b)  matters relating to an application to the Secretary under regulation 43AAH to waive the annual registration charge in respect of the goods for a financial year.

Information or documents relating to listed goods

             (2)  For paragraph 31(2)(h) of the Act, the following matters are prescribed:

                     (a)  the efficacy of the goods for the purposes for which the goods are to be used;

                     (b)  matters relating to the scheme provided in Subdivision 2 of Division 1 of Part 7 of these Regulations for exempting a person from liability to pay an annual listing charge in respect of the goods for a financial year, based on low value turnover of the goods;

                     (c)  matters relating to an application to the Secretary under regulation 43AAH to waive the annual listing charge in respect of the goods for a financial year.

Information or documents relating to biologicals

             (3)  For paragraph 32JA(1)(p) of the Act, the following matters are prescribed:

                     (a)  matters relating to the scheme provided in Subdivision 2 of Division 1 of Part 7 of these Regulations for exempting a person from liability to pay an annual charge for inclusion of the biological in the Register for a financial year, based on low value turnover of the biological;

                     (b)  matters relating to an application to the Secretary under regulation 43AAH to waive the annual charge for inclusion of the biological in the Register for a financial year.

16AB  Specified periods

                   For paragraphs 32DQ(1)(c) and (2)(c) of the Act, the period is as follows:

                     (a)  if the information relates to an event or occurrence that represents a serious threat to public health—within 48 hours after the person first becomes aware of the event or occurrence;

                     (b)  if the information relates to an event or occurrence that led to the death, or serious deterioration in the state of health of a patient, a user of the biological or another person—within 10 days after the person first becomes aware of the event or occurrence;

                     (c)  if the information relates to an event or occurrence that, if it occurred again, might lead to the death, or serious deterioration in the state of health, of a patient, a user of the biological or another person—within 30 days after the person first becomes aware of the event or occurrence.

Part 3A—Applications for evaluation

Division 1—Goods mentioned in Part 1 of Schedule 10

16A  Interpretation—working day

             (1)  In this Part, working day means a day that is not a Saturday, a Sunday or a day that is a holiday for Commonwealth offices in the Australian Capital Territory.

             (2)  The following periods are to be disregarded in calculating, for the purposes of a provision of this Part, the number of working days taken to perform the action that the provision requires to be performed:

                     (a)  the period commencing on the day on which the Secretary sends a query, or a request for information, to an applicant or sponsor and ending either:

                              (i)  at the end of the day on which the Secretary receives from the applicant or sponsor a complete response to the query or request; or

                             (ii)  if subsection 31(1B) or (1C) of the Act applies:

                                        (A)  at the end of the last day in the period specified in the notice given by the Secretary under subsection 31(1) of the Act; or

                                        (B)  if the applicant or sponsor and the Secretary agree in writing on another day for the purposes of this sub‑subparagraph—that day.

                     (b)  the period commencing on the day of lodgment of an appeal concerning the application for which the action is required to be performed and ending at the end of the day on which the appeal is finally disposed of; and

                     (c)  any other period to which the applicant or sponsor agrees in writing for the purposes of this subregulation.

16B  Notification of acceptance or rejection of application

             (1)  If the Secretary receives an application:

                     (a)  under section 23 of the Act that requires an evaluation to which regulation 16C applies; or

                     (b)  to which regulation 16D applies;

he or she must send a notification in writing to the applicant that states whether the application has been accepted or rejected.

             (2)  A notification must be sent:

                     (a)  if the application to which it relates is one that satisfies the conditions stated in subregulation 16C(4) or 16D(4)—within 20 working days; or

                     (b)  in any other case—within 40 working days;

of the day of receipt of the application.

16C  Periods within which certain evaluations must be made

             (1)  Subject to paragraph (4)(d), this regulation applies to an evaluation of a medicine that is a product of a kind specified in Part 1 of Schedule 10 if the application in relation to the evaluation:

                     (a)  is received by the Secretary on or after 1 February 1992; and

                     (b)  requires an evaluation under section 25 of the Act; and

                     (c)  is not an application to which subregulation 16G applies.

             (2)  A reference in this regulation to a period in relation to an evaluation to which this regulation applies is a reference to the period that commences on the day on which the Secretary sends a notification to the applicant under regulation 16B that indicates acceptance of the application in relation to the evaluation.

             (3)  An evaluation to which this regulation applies must be completed within whichever of the following periods applies:

                     (a)  if the evaluation satisfies the conditions stated in subregulation (4)—175 working days;

                     (b)  in any other case—255 working days.

             (4)  The conditions referred to in paragraph (3)(a) are:

                     (a)  that the evaluation relates to a medicine that, in each of 2 acceptable countries, has been approved for general marketing;

                     (b)  that the formulation, directions for use and indications of the medicine are identical to those evaluated and approved for marketing in those 2 countries; and

                     (c)  that the Secretary has, in relation to the evaluation, 2 evaluation reports on the medicine that satisfy the requirements of subregulation (5); and

                     (d)  that the application is received by the Secretary on or after 1 September 1992.

             (5)  The requirements referred to in paragraph (4)(c) for the evaluation reports (in this subregulation called the relevant reports) are:

                     (a)  that the relevant reports were made respectively by a competent regulatory authority in each of the 2 countries referred to in paragraph (4)(b); and

                     (b)  that neither of the relevant reports is, wholly or in part, based on:

                              (i)  the other relevant report; or

                             (ii)  any other evaluation report that is a report on which the other relevant report was based; or

                            (iii)  any other evaluation report that is based on another report (being an evaluation report) if the other relevant report was based on that other report or any evaluation report that was based on that other report.

             (6)  In this regulation:

acceptable country means a country that the Minister has notified in the Gazette or on the Department’s website as an acceptable country for the purposes of this regulation.

evaluation report does not include a report prepared by or on behalf of the applicant or sponsor and submitted to a regulatory authority in connection with an application for registration of, or variation of information in a register about, therapeutic goods.

based on, in relation to an evaluation report, includes compiled by reference to or in reliance on.

relevant period, in relation to an acceptable country, means the period stated in relation to the country in a notice under the definition of acceptable country.

16D  Periods within which certain applications must be decided

             (1)  Subject to paragraph (4)(d), this regulation applies to an application (other than an application to which regulation 16F applies) concerning an evaluation of a medicine that is a product of a kind specified in Part 1 of Schedule 10 if the application:

                     (a)  is received by the Secretary on or after 1 February 1992; and

                     (b)  asks the Secretary under subsection 9D(3) of the Act to vary the entry of the medicine in the Register.

             (2)  A reference in this regulation to a period, in relation to an evaluation of an application to which this regulation applies, is a reference to the period that commences on the day on which the Secretary sends a notification to the applicant under regulation 16B that indicates acceptance of the application.

             (3)  An application to which this regulation applies must be decided, and notification given to the applicant, within whichever of the following periods applies:

                     (a)  if the application satisfies the conditions stated in subregulation (4)—175 working days;

                     (b)  in any other case—255 working days.

             (4)  The conditions referred to in paragraph (3)(a) are:

                     (a)  that the application relates to a medicine that, in each of 2 acceptable countries, has been approved for general marketing;

                     (b)  that the formulation, directions for use and indications of the medicine are identical to those evaluated and approved for marketing in those 2 countries; and

                     (c)  that the Secretary has 2 evaluation reports on the medicine that satisfy the requirements of subregulation (5); and

                     (d)  that the application is received by the Secretary on or after 1 September 1992.

             (5)  The requirements referred to in paragraph (4)(c) for the evaluation reports (in this subregulation called the relevant reports) are:

                     (a)  that the relevant reports were made respectively by a competent regulatory authority in each of the 2 countries referred to in paragraph (4)(b); and

                     (b)  that neither of the relevant reports is, wholly or in part, based on:

                              (i)  the other relevant report; or

                             (ii)  any other evaluation report that is a report on which the other relevant report was based; or

                            (iii)  any other evaluation report that is based on another report (being an evaluation report) if the other relevant report was based on that other report or any evaluation report that was based on that other report.

             (6)  The definitions in subregulation 16C(6) apply to this regulation.

16E  Failure to decide an application within specified time

                   The failure to decide, within the relevant time stated in paragraph 16D(3)(a) or (b), an application to which regulation 16D applies does not make the Commonwealth, the Secretary or a delegate of the Secretary liable to a person for loss, damage or injury, of any kind, that is caused by or arises out of the failure.

16F  Applications under subsection 9D(3) of the Act—periods within which certain decisions must be made

             (1)  Subject to subregulation (2), this regulation applies to an application, in relation to a medicine included in the Register that is a product of a kind specified in Part 1 of Schedule 10, to vary the information in the Register concerning the medicine in relation to:

                     (a)  the specifications for the active ingredient, finished product or excipients; or

                     (b)  the method of manufacture of the active ingredient; or

                     (c)  the manufacturing procedure for the finished product; or

                     (d)  the site of manufacture of the active ingredient or the finished product; or

                     (e)  the shelf life; or

                      (f)  the storage conditions; or

                     (g)  the labelling; or

                     (h)  any other particular that is not a particular mentioned in subsection 16(1) of the Act.

             (2)  This regulation does not apply to an application that:

                     (a)  in the opinion of the Secretary, needs to be supported by clinical, pre‑clinical or bio‑equivalence data; or

                     (b)  applies for a variation of therapeutic goods that will make the therapeutic goods as varied separate and distinct therapeutic goods because of subsection 16(1) of the Act.

             (3)  In the case of an application to which this regulation applies, the Secretary must:

                     (a)  decide the application and notify the applicant of the decision; or

                     (b)  raise an objection concerning the application;

within the period of 45 working days that commences on the day on which the application is lodged and the evaluation fee for the application is paid or, if lodgment and payment occur on different days, on the later of those days.

             (4)  If the Secretary raises an objection concerning an application to which this regulation applies, he or she must decide the application and notify the applicant of the decision within the period of 30 working days that commences on the day on which the Secretary receives the applicant’s response to the objection.

             (5)  If the Secretary does not comply with subregulation (3) and, if applicable, subregulation (4) in the case of an application to which this regulation applies, the Secretary is taken to have approved the application.

16G  Shorter evaluation period in certain cases

             (1)  Subject to subregulation (2), this regulation applies to an application to register a medicine that is a product of a kind specified in Part 1 of Schedule 10 if:

                     (a)  the application is received by the Secretary on or after 1 July 1992; and

                     (b)  the application requires an evaluation under section 25 of the Act; and

                     (c)  the sponsor of the application holds a registration for a medicine that contains the same active ingredient or active ingredients, in the same dosage form and strength as stated in the application.

             (2)  This regulation does not apply to an application that, in the opinion of the Secretary, needs to be supported by clinical, pre‑clinical or bio‑equivalence data.

             (3)  The provisions of subregulations 16F(3), (4) and (5) apply to applications to which this regulation applies as if those applications were applications to which regulation 16F applies.

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

             (1)  At the request of a person, and on payment of the prescribed fee, the Department may evaluate data submitted by the person concerning the following substances:

                     (a)  a substance that is not an ingredient in listed goods or registered goods for supply in Australia, but that may be an ingredient in goods for which an application may be made for entry in the Register as listed goods or registered goods for supply in Australia;

                     (b)  a new excipient in therapeutic goods for dermal application, being a substance not in use as an ingredient in any other listed goods or registered goods for supply in Australia at the time of conditional listing or conditional registration of those goods under section 28 of the Act.

             (2)  An evaluation under this regulation may be made, although an application under subsection 9D(1), (2) or (3) or section 23 of the Act is not current.

Exemption from fee

             (3)  No fee is payable for an evaluation under paragraph (1)(b) if the evaluation is in respect of a new excipient introduced for use as an ingredient, in compliance with a condition under section 28 of the Act, imposed before the commencement of this regulation but not earlier than 6 months before the application for evaluation is made.

Division 3—Class 2, Class 3 and Class 4 biologicals

16GB  Notification of acceptance or rejection of application

             (1)  This regulation applies to an application:

                     (a)  under section 32DD of the Act that requires an evaluation to which regulation 16GC applies; and

                     (b)  to which regulation 16GD applies.

             (2)  The Secretary must send a notification in writing to the applicant that states whether the application has been accepted or rejected.

             (3)  A notification must be sent within 30 working days after the Secretary receives the application.

16GC  Periods within which certain evaluations must be made

             (1)  This regulation applies to an evaluation of a Class 2, Class 3 or Class 4 biological if the application for the evaluation requires an evaluation under section 32DE of the Act.

             (2)  The evaluation must be completed within 255 working days after the Secretary sends a notification to the applicant under regulation 16GB that indicates acceptance of the application for the evaluation.

16GD  Periods within which certain applications must be decided

             (1)  This regulation applies to an application (other than an application to which regulation 16GF applies) for an evaluation of a biological if the application asks the Secretary under subsection 9D(3A) or (3AA) of the Act to vary the entry of the Class 2, Class 3 or Class 4 biological in the Register.

             (2)  The application must be decided, and notification given to the applicant, within 255 working days after the Secretary sends a notification to the applicant under regulation 16GB that indicates acceptance or rejection of the application.

16GE  Failure to decide an application within specified time

                   The failure to decide, within the time mentioned in subregulation 16GD(2), an application to which regulation 16GD applies does not make the Commonwealth, the Secretary or a delegate of the Secretary liable to a person for loss, damage or injury, of any kind, that is caused by or arises out of the failure.

16GF  Evaluation, other than evaluation under subsection 9D(3A) or (3AA) or section 32DD of the Act

             (1)  At the request of a person, and on payment of the prescribed fee, the Department may evaluate data submitted by the person about the following substances:

                     (a)  a substance that is not an ingredient in a biological for supply in Australia, but that may be an ingredient in a biological for which an application may be made for inclusion in the Register under Part 3‑2A of the Act as a biological for supply in Australia;

                     (b)  a new excipient in a biological, being a substance not in use as an ingredient in any other biological for supply in Australia at the time of inclusion in the Register under Part 3‑2A of the Act.

             (2)  An evaluation under this regulation may be made, although an application under subsection 9D(3A) or (3AA) or section 32DD of the Act is not current.

Part 3B—Designated orphan drugs

  

16H  Application to designate medicine as orphan drug

             (1)  The sponsor of a medicine may apply to the Secretary to designate, in writing, the medicine as an orphan drug.

             (2)  An application under subregulation (1) must be in a form approved, in writing, by the Secretary.

16J  Designation of medicine as orphan drug

             (1)  On receiving an application under subregulation 16H(1) to designate a medicine as an orphan drug, the Secretary must:

                     (a)  consider the application; and

                     (b)  decide either:

                              (i)  to designate the medicine as an orphan drug; or

                             (ii)  to refuse to designate the medicine as an orphan drug.

             (2)  The Secretary may decide to designate the medicine as an orphan drug if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that:

                     (a)  if the medicine is not a new dosage form medicine—all of the criteria specified in subregulation (3) are satisfied in relation to the medicine; or

                     (b)  if the medicine is a new dosage form medicine—all of the criteria specified in subregulation (4) are satisfied in relation to the medicine.

General criteria

             (3)  The following criteria are specified in relation to a medicine that is not a new dosage form medicine:

                     (a)  the application is for only one indication of the medicine;

                     (b)  the indication is the treatment, prevention or diagnosis of a life‑threatening or seriously debilitating condition in a particular class of patients (the relevant patient class);

                     (c)  it is not medically plausible that the medicine could effectively treat, prevent or diagnose the condition in another class of patients that is not covered by the relevant patient class;

                     (d)  at least one of the following applies:

                              (i)  if the medicine is intended to treat the condition—the condition affects fewer than 5 in 10,000 individuals in Australia when the application is made;

                             (ii)  if the medicine is intended to prevent or diagnose the condition—the medicine, if it were included in the Register, would not be likely to be supplied to more than 5 in 10,000 individuals in Australia during each year that it is included in the Register;

                            (iii)  it is not likely to be financially viable for the sponsor to market the medicine in Australia unless each fee referred to in paragraph 45(12)(c) were waived in relation to the medicine;

                     (e)  none of the following has refused to approve the medicine for the treatment, prevention or diagnosis of the condition for a reason relating to the medicine’s safety:

                              (i)  the Secretary;

                             (ii)  the United States Food and Drug Administration;

                            (iii)  the European Medicines Agency;

                            (iv)  Health Canada;

                             (v)  the Medicines and Healthcare products Regulatory Agency of the United Kingdom;

                      (f)  either:

                              (i)  no therapeutic goods that are intended to treat, prevent or diagnose the condition are included in the Register; or

                             (ii)  if one or more therapeutic goods that are intended to treat, prevent or diagnose the condition are included in the Register—the medicine provides a significant benefit in relation to the efficacy or safety of the treatment, prevention or diagnosis of the condition, or a major contribution to patient care, compared to those goods.

New dosage form medicines

             (4)  The following criteria are specified in relation to a new dosage form medicine:

                     (a)  the application is for only one indication of the medicine;

                     (b)  the indication is the treatment, prevention or diagnosis of a life‑threatening or seriously debilitating condition;

                     (c)  it is not likely to be financially viable for the sponsor to market the medicine in Australia unless each fee referred to in paragraph 45(12)(c) were waived in relation to the medicine;

                     (d)  none of the following has refused to approve the medicine for the treatment, prevention or diagnosis of the condition for a reason relating to the medicine’s safety:

                              (i)  the Secretary;

                             (ii)  the United States Food and Drug Administration;

                            (iii)  the European Medicines Agency;

                            (iv)  Health Canada;

                             (v)  the Medicines and Healthcare products Regulatory Agency of the United Kingdom;

                     (e)  either:

                              (i)  no therapeutic goods that are intended to treat, prevent or diagnose the condition are included in the Register; or

                             (ii)  if one or more therapeutic goods that are intended to treat, prevent or diagnose the condition are included in the Register—the medicine provides a significant benefit in relation to the efficacy or safety of the treatment, prevention or diagnosis of the condition, or a major contribution to patient care, compared to those goods.

Publication of decision

             (5)  If the Secretary decides to designate the medicine as an orphan drug, the Secretary must, as soon as practicable after making the decision, publish a notice on the Department’s website stating the following:

                     (a)  the name of the sponsor of the medicine;

                     (b)  the indication referred to in paragraph (3)(a) or (4)(a);

                     (c)  the dosage form of the medicine;

                     (d)  that the medicine is a designated orphan drug.

Notification of decision

             (6)  As soon as practicable after making the decision, the Secretary must notify the applicant, in writing, of the decision.

             (7)  If the Secretary decides to refuse to make the designation, the notification must include the reasons for the decision.

16K  Period during which designation is in force

             (1)  A designation under regulation 16J of a medicine as an orphan drug:

                     (a)  comes into force when it is made; and

                     (b)  remains in force for a period of 6 months.

             (2)  Subregulation (1) has effect subject to regulations 16L and 16M.

16L  Extension of designation

             (1)  If a designation under regulation 16J of a medicine as an orphan drug is in force, the sponsor of the medicine may apply to the Secretary to extend the designation for a further 6 months.

             (2)  An application under subregulation (1) to extend a designation must:

                     (a)  be in a form approved, in writing, by the Secretary; and

                     (b)  be made at least 28 days before the designation would cease to be in force.

             (3)  On receiving an application under subregulation (1) to extend a designation, the Secretary must decide either:

                     (a)  to extend the designation; or

                     (b)  to refuse to extend the designation.

             (4)  The Secretary may extend the designation if:

                     (a)  the Secretary has not previously extended the designation; and

                     (b)  the Secretary is satisfied that:

                              (i)  if the medicine is not a new dosage form medicine—the criteria specified in paragraphs 16J(3)(e) and (f) are satisfied in relation to the medicine; or

                             (ii)  if the medicine is a new dosage form medicine—the criteria specified in paragraphs 16J(4)(d) and (e) are satisfied in relation to the medicine; and

                     (c)  the Secretary is satisfied that, if the Secretary were to extend the designation, the sponsor would make an application in relation to the medicine under section 23 of the Act before the end of the extended designation.

Notification of decision

             (5)  As soon as practicable after making the decision, the Secretary must notify the applicant, in writing, of the decision.

             (6)  If the Secretary decides to refuse to extend the designation, the notification must include the reasons for the decision.

16M  Revocation of designation

             (1)  The Secretary may, by written notice given to the sponsor of a designated orphan drug, revoke the designation:

                     (a)  on application by the sponsor; or

                     (b)  if the Secretary is satisfied that:

                              (i)  if the designated orphan drug is a new dosage form medicine—the criteria specified in subregulation 16J(3) are no longer satisfied in relation to the designated orphan drug; or

                             (ii)  if the designated orphan drug is not a new dosage form medicine—the criteria specified in subregulation 16J(4) are no longer satisfied in relation to the designated orphan drug.

             (2)  Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to a revocation of a designation under regulation 16J of a medicine as an orphan drug.

Part 3C—Therapeutic goods (priority applicant) determinations

  

16P  Application of Part

                   For the purposes of subsection 25AAA(1) of the Act, this Part makes provision for and in relation to the making of a therapeutic goods (priority applicant) determination in relation to a medicine.

16Q  Application for therapeutic goods (priority applicant) determination

             (1)  A person may apply to the Secretary for a therapeutic goods (priority applicant) determination in relation to a medicine.

             (2)  An application under subregulation (1) must:

                     (a)  be in writing; and

                     (b)  be in a form approved, in writing, by the Secretary; and

                     (c)  have with it written information in such detail as is reasonably necessary to allow the application to be properly considered.

             (3)  An application under subregulation (1) is taken not to have been made unless:

                     (a)  the application meets the requirements in subregulation (2); and

                     (b)  subject to paragraph 45(12)(d), the fee prescribed in item 1B of Part 2 of Schedule 9 for making the application has been paid.

Note:          Paragraph 45(12)(d) provides that the Secretary must waive the fee for applying for a therapeutic goods (priority applicant) determination in certain circumstances.

16R  Making of therapeutic goods (priority applicant) determination

             (1)  On receiving an application under subregulation 16Q(1) for a therapeutic goods (priority applicant) determination in relation to a medicine, the Secretary must:

                     (a)  consider the application; and

                     (b)  decide either:

                              (i)  to make the determination; or

                             (ii)  to refuse to make the determination.

Criteria

             (2)  The Secretary may make the determination if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that all of the following criteria are satisfied in relation to the medicine:

                     (a)  the medicine is:

                              (i)  a new prescription medicine; or

                             (ii)  a new indications medicine;

                     (b)  an indication of the medicine (the priority indication) is the treatment, prevention or diagnosis of a life‑threatening or seriously debilitating condition;

                     (c)  either:

                              (i)  no therapeutic goods that are intended to treat, prevent or diagnose the condition are included in the Register; or

                             (ii)  if one or more therapeutic goods that are intended to treat, prevent or diagnose the condition are included in the Register—there is substantial evidence demonstrating that the medicine provides a significant improvement in the efficacy or safety of the treatment, prevention or diagnosis of the condition compared to those goods;

                     (d)  there is substantial evidence demonstrating that the medicine provides a major therapeutic advance.

Note:          Paragraph 16(1)(e) of the Act provides that, for the purposes of Part 3‑2 of the Act, therapeutic goods (other than medicine of the kind to which subsection 16(1A) of the Act applies) are to be taken to be separate and distinct from other therapeutic goods if they have different indications.

Information to be specified in determination

             (3)  The determination must specify:

                     (a)  the person who, as a result of section 25AAA of the Act, is the priority applicant; and

                     (b)  each active ingredient of the medicine to which the determination relates; and

                     (c)  the priority indication of the medicine.

Notification of decision

             (4)  As soon as practicable after making the decision, the Secretary must notify the applicant, in writing, of the decision.

             (5)  If the Secretary decides to refuse to make the determination, the notification must include the reasons for the decision.

16S  Period during which therapeutic goods (priority applicant) determination is in force

             (1)  A therapeutic goods (priority applicant) determination in relation to a medicine:

                     (a)  comes into force on the day on which the Secretary notifies the priority applicant in accordance with subregulation 16R(4); and

                     (b)  subject to subregulation (2) and regulation 16T, remains in force for 6 months.

             (2)  If the priority applicant specified in the determination makes an effective application under section 23 of the Act for the registration of the medicine before the end of the 6 month period beginning when the determination comes into force, the determination remains in force until:

                     (a)  the priority applicant withdraws the application; or

                     (b)  the application lapses in accordance with subsection 24(2) of the Act; or

                     (c)  the priority applicant gives the Secretary written notice under subsection 24E(2) of the Act that the applicant wishes to treat the application as having been refused; or

                     (d)  the application is finally determined.

Note:          See subsection 23(2) of the Act for when an application under section 23 of the Act is effective.

16T  Revocation of therapeutic goods (priority applicant) determination

             (1)  The Secretary may revoke a therapeutic goods (priority applicant) determination in relation to a medicine if:

                     (a)  either:

                              (i)  the priority applicant specified in the determination has not made an application under section 23 of the Act for the registration of the medicine; or

                             (ii)  the priority applicant has made such an application, but the application is not effective; and

                     (b)  the Secretary is satisfied that the criteria specified in subregulation 16R(2) are no longer satisfied in relation to the medicine.

Note:          See subsection 23(2) of the Act for when an application under section 23 of the Act is effective.

             (2)  The revocation must be by written notice given by the Secretary to the priority applicant.

Part 4—Licensing of manufacturers

  

17  Exempt goods for the purposes of subsection 34(1) of the Act

             (1)  For the purposes of subsection 34(1) of the Act, the therapeutic goods specified in Schedule 7 are exempt from the operation of Part 3‑3 of the Act unless the goods are supplied as pharmaceutical benefits.

             (2)  If:

                     (a)  therapeutic goods that are exempt from the operation of Part 3‑3 of the Act cease to be exempt; and

                     (b)  before the day on which the goods cease to be exempt, each person who carries out a step in the manufacture of the goods applies for a licence authorising the person to carry out the step on premises referred to in the application;

the goods produced by those persons carrying out the steps on those premises are taken to be exempt from the operation of that Part until each application is determined.

18  Exempt Persons

                   For the purposes of subsection 34(2) of the Act, the persons specified in column 2 of an item in Schedule 8 are exempt from the operation of Part 3‑3 of the Act in relation to the manufacture, or the steps in the manufacture, of the therapeutic goods specified in column 3 of that item.

19  Requirements for licence holders

                   For the purposes of section 40 of the Act, it is a condition of each licence that the licence holder must give the Secretary, at the time of payment of the annual licensing charge in respect of the licence:

                     (a)  if the Secretary so requests—details of therapeutic goods manufactured by or on behalf of the licence holder during the period of 12 months immediately preceding the date on which the payment of the charge is due; and

                     (b)  the name, qualifications and details of the relevant experience of any person nominated by the licence holder as having control of:

                              (i)  the production of the goods; and

                             (ii)  the quality control measures that are to be employed in the manufacture of the goods.

20  Conditions of licences

                   For the purposes of section 40 of the Act, the following are conditions to which each licence is subject:

                     (a)  a copy of the licence and of any document issued by the Secretary imposing or amending the conditions applicable to that licence are to be displayed publicly at the premises specified in the licence;

                     (b)  unless the contrary intention appears in the licence or in documents issued by the Secretary imposing or amending the conditions applicable to the licence, the licence holder must:

                              (i)  keep records showing:

                                        (A)  the materials used in the manufacture of the goods, the supplier and quantities of the materials used and details of the tests performed on those materials; and

                                        (B)  the procedures and controls employed in the manufacture of the goods, including the results of tests carried out during the processing of the goods; and

                                        (C)  details of the tests performed on the goods and the results of those tests; and

                                        (D)  the stability studies (if any) that validate the recommended shelf life and appropriate storage conditions of the goods; and

                             (ii)  where the goods to which the licence relates are produced in identifiable batches:

                                        (A)  assign a batch number to each batch of the goods; and

                                        (B)  if it is not unreasonable in the circumstances—retain at those premises, for not less than 12 months after the expiry date of the goods or, if there is no expiry date, for not less than 6 years after completion of manufacture of the goods, a sample of each batch of the finished goods; and

                            (iii)  retain those records at the licensed premises for at least 12 months after the expiry date of the goods to which they relate or, if there is no expiry date, for not less than 6 years after completion of manufacture of the goods; and

                            (iv)  ensure that the persons nominated by the licence holder as having control of the production of the goods and of the quality control measures that are to be employed in the manufacture of the goods maintain that control;

                     (c)  the licence holder must comply with the provisions of Part 5 in relation to the taking of samples by authorised officers.

21  Persons having control of production etc to be named

                   If:

                     (a)  an applicant for a licence to manufacture therapeutic goods nominates a person as having control of the production of goods or the quality control measures in respect of the manufacture of the goods; and

                     (b)  the licence is granted; and

                     (c)  the applicant wishes to replace the nominated person with another person;

then it is a condition of the licence that the licence holder must inform the Secretary as soon as practicable of the name, qualifications and experience of that other person.

22  Transfer of licences

             (1)  If a person who was the holder of a licence dies, the legal personal representative of the dead person:

                     (a)  is taken to be the holder of the licence; and

                     (b)  must notify the Secretary, in writing, of the death not later than 3 months after it occurred.

             (2)  If a person who is the holder of a licence becomes bankrupt, the trustee in bankruptcy of the estate of the bankrupt:

                     (a)  is taken to be the holder of the licence; and

                     (b)  must notify the Secretary, in writing, of the bankruptcy not later than 3 months after the person became bankrupt.

             (3)  If a body corporate that is the holder of a licence is being wound up, the liquidator of the body corporate:

                     (a)  is taken to be the holder of the licence; and

                     (b)  must, not later than 3 months after the body corporate is wound up, notify the Secretary, in writing, of the winding up.

             (4)  If:

                     (a)  a person agrees to dispose of a business relating to the manufacture, distribution or sale of therapeutic goods; and

                     (b)  it is agreed that the disposal of that business is to include a transfer of a licence held by that person;

then:

                     (c)  the person who acquires that business is taken to be the holder of the licence; and

                     (d)  that person must, not later than 3 months after the transfer, notify the Secretary that the person has, by reason of that agreement, become an applicant for the licence.

          (4A)  If a person who is the holder of a licence:

                     (a)  changes his, her or its name; or

                     (b)  being a corporation, amalgamates with another corporation under a name that is different from the name of the holder of the licence;

the person must give notice in writing to the Secretary of the new name of the person, and the circumstance giving rise to it, within 3 months after the occurrence of the circumstance.

          (4B)  The licence has effect as if it had been granted to the holder in the holder’s new name.

             (5)  When a person notifies the Secretary of an event referred to in paragraph (1)(b), (2)(b), (3)(b), (4)(d) or (4A)(a) or (b), the person must send to the Secretary sufficient documentary evidence to establish the matter asserted in the notification.

             (6)  When a person is taken to be the holder of a licence in accordance with this regulation, the Secretary may regard the person as an applicant for the licence and may deal with the notification referred to in paragraph (1)(b), (2)(b), (3)(b), (4)(d) or (4A)(a) or (b) as if it were an application for a licence.

             (7)  In spite of subregulation (6), a person who is regarded as an applicant for a licence because of the operation of that subsection may continue to manufacture therapeutic goods under the original licence until the application is determined.

             (8)  If, at any time, the Secretary becomes aware that he or she has not been informed in accordance with this regulation of an event referred to in paragraph (1)(b), (2)(b), (3)(b), (4)(d) or (4A)(a) or (b), the Secretary may cancel the licence to which the event relates.

Part 5—Examination, testing and analysis of goods

  

23  Interpretation

             (1)  In this Part, unless the contrary intention appears:

relevant test:

                     (a)  in relation to the analysis of therapeutic goods (other than medical devices), means a test that, under subregulation 28(1), is a relevant test for the purpose of determining whether goods of a class in which the first‑mentioned goods are included are goods that conform with a standard applicable to the goods; and

                     (b)  in relation to the analysis of a medical device, means a test that, under subregulation 28(2), is a relevant test for the purpose of determining whether a medical device of that kind complies with the applicable provisions of the essential principles.

responsible analyst, in relation to the analysis of a sample of therapeutic goods, means an official analyst who is nominated as a responsible analyst for the sample under paragraph 25(3)(c).

samples officer means an officer of the Department performing duties under the direction of an official analyst.

             (2)  For this Part, a sample of therapeutic goods is appropriately fastened and sealed if the sample is fastened and sealed:

                     (a)  in a vessel or package that is marked with the name and address of:

                              (i)  the person from whom the sample was taken; or

                             (ii)  for a sample delivered under subsection 28(5A) or 41FN(2) of the Act—the sponsor of the goods; and

                     (b)  so as to prevent the opening of the vessel or package, and the removal of the name and address, without breaking the seal.

24  Authorised officer—powers and duties

             (1)  An authorised officer may, during normal business hours:

                     (a)  for the purpose of exercising the powers and performing the duties of an authorised officer under this regulation, enter the premises of a licence holder, manufacturer in respect of whom a conformity assessment certificate has been issued, or wholesaler on which therapeutic goods are kept for supply; and

                     (b)  inspect the place at which those goods are kept; and

                     (c)  take samples of those goods; and

                     (d)  ask the owner of therapeutic goods, or the person apparently in charge of those goods, for information relevant to the manufacture and testing of those goods.

             (2)  If the entry of goods in the Register is subject to the condition that the sponsor of the goods comply with this regulation, the powers of an authorised officer referred to in subregulation (1) extend to the sponsor as if the sponsor were a licence holder or a manufacturer in respect of whom a conformity assessment certificate has been issued.

25  Official analysts

             (1)  The Secretary may, in writing, appoint a person who has appropriate qualifications and experience to be an official analyst for the purposes of these Regulations.

             (2)  The Secretary is to maintain a register of the names of official analysts and is to cause those names to be published in the Gazette or on the Department’s website from time to time.

             (3)  In addition to the other powers and functions of an official analyst, an official analyst may:

                     (a)  ask an authorised officer to take samples of therapeutic goods; and

                     (b)  determine the tests that are to be performed on a sample taken under paragraph (a) or delivered under subsection 28(5A) or 41FN(2) of the Act; and

                     (c)  nominate an official analyst to be the responsible analyst for a sample taken under paragraph (a) or delivered under subsection 28(5A) or 41FN(2) of the Act.

26  Taking of samples for testing

             (1)  When an authorised officer takes a sample of therapeutic goods (other than a further sample taken under the circumstances described in subregulation 30(6)), the authorised officer:

                     (a)  must notify the person from whom the sample was taken that the authorised officer is going to send the sample to a laboratory operated by the Department for analysis; and

                     (b)  must give the person from whom the sample was taken a notice setting out details of the goods taken and, if the person from whom the sample was taken was not the sponsor of the goods, send a copy of that notice to the sponsor of the goods; and

                     (c)  must forward the whole or part of the sample to the relevant laboratory.

             (2)  An authorised officer must ensure that any sample of goods taken (including further samples taken under the circumstances described in subregulation 30(6)) is:

                     (a)  appropriately packaged, fastened and sealed; and

                     (b)  stored and transported in accordance with the instructions (if any) specified on the label of the goods.

26A  Receiving samples for testing

             (1)  When a sample of therapeutic goods is delivered under subsection 28(5A) or 41FN(2) of the Act, the Secretary must as soon as practicable:

                     (a)  determine whether the sample is appropriately packaged, fastened and sealed; and

                     (b)  do either of the following:

                              (i)  if the sample is appropriately packaged, fastened and sealed—send the sample, in the form in which it was received, to the relevant laboratory operated by the Department for analysis;

                             (ii)  if the sample is not appropriately packaged, fastened and sealed—return the sample to the sponsor of the goods, with a statement explaining in what way the sample is not appropriately packaged, fastened or sealed.

             (2)  In complying with subregulation (1), the Secretary must ensure that the sample is stored and transported in accordance with the instructions (if any) specified on the label of the goods.

27  Examination and testing of sample

             (1)  A samples officer must, as soon as practicable after receiving a sample of goods at a laboratory operated by the Department:

                     (a)  determine whether the sample is appropriately packaged, fastened and sealed; and

                     (b)  if the sample is appropriately packaged, fastened and sealed—store the sample under the officer’s control and under secure conditions that are appropriate to the kind of goods.

             (2)  The responsible analyst must, as soon as practicable, collect the sample from the samples officer and arrange for:

                     (a)  an analysis of the sample by relevant tests to the extent the analyst considers necessary to establish:

                              (i)  the quantity and quality of the goods comprising the sample; and

                             (ii)  any other matter relevant to determining whether:

                                        (A)  for goods other than medical devices—the goods from which the sample was taken conform with any standard applicable to the goods and any conditions relating to matters mentioned in paragraph 28(2)(d) of the Act; and

                                        (B)  for medical devices—the goods from which the sample was taken comply with the applicable provisions of the essential principles and any conditions relating to matters mentioned in paragraph 41FO(2)(d) of the Act; and

                     (b)  an examination of the goods, the label (if any) relating to the goods and the packaging of the goods, to determine whether the goods comply with the labelling, packaging and other requirements (including requirements relating to advertising) applicable to the goods.

28  Relevant tests

             (1)  Each of the following is a relevant test for determining whether particular therapeutic goods (other than medical devices) are goods that conform with a standard applicable to the goods:

                     (a)  a test specified by the Minister in an order under section 10 of the Act for those goods in relation to that standard; and

                     (b)  a test specified in a monograph in the British Pharmacopoeia in relation to that standard if:

                              (i)  those goods are for use in humans; and

                             (ii)  the Minister has not specified a test in an order under section 10 of the Act for those goods in relation to that standard; and

                     (c)  a test specified in a monograph in the British Pharmacopoeia (Veterinary) in relation to that standard if:

                              (i)  those goods are for veterinary use; and

                             (ii)  the Minister has not specified a test in an order under section 10 of the Act for those goods in relation to that standard; and

                     (d)  a test accepted for the purposes of registration of the goods under Part 3‑2 of the Act; and

                     (e)  any other suitable test that the Secretary requires to be carried out in respect of those goods in relation to that standard.

             (2)  Each of the following is a relevant test for determining whether a particular kind of medical device complies with the applicable provisions of the essential principles:

                     (a)  a test specified in a medical device standard or conformity assessment standard for the kind of device;

                     (b)  a test accepted for the purpose of issuing a conformity assessment certificate in respect of the kind of device;

                     (c)  a test required under paragraph 41FO(2)(d) of the Act as a condition of inclusion of the kind of device in the Register;

                     (d)  any other suitable test that the Secretary requires to be carried out in respect of the kind of device for the purpose of demonstrating compliance with the applicable provisions of the essential principles.

29  Certificate of official analyst

             (1)  The responsible analyst must send to the sponsor of the goods a certificate signed by the analyst setting out the results of the examination and analysis.

             (2)  The responsible analyst must send a copy of the certificate, signed by the analyst, to:

                     (a)  the Secretary; and

                     (b)  if the sample was taken under subregulation 25(3)—the person from whom the sample was taken, if that person is not the sponsor of the goods.

             (3)  The certificate and copies of the certificate of the official analyst must be sent to the persons referred to in subregulations (1) and (2) within a reasonable time of the completion of the analysis.

             (4)  If the certificate referred to in subregulation (1) states:

                     (a)  for relevant goods other than medical devices—that the goods do not conform with a specified standard or comply with a requirement that is applicable to the goods under regulation 27; or

                     (b)  for medical devices—that the goods do not comply with the applicable provisions of the essential principles or a requirement that is applicable to the goods under regulation 27;

the certificate, and the copy of it referred to in subregulation (2), must be accompanied by a notice that complies with subregulation (4A).

          (4A)  For subregulation (4), the notice must:

                     (a)  state that the person to whom the certificate or copy is sent may ask for the results of the analysis referred to in the certificate to be reviewed in accordance with regulation 30; and

                     (b)  specify the time within which a request for a review of the results may be made; and

                     (c)  state that the person may ask for an extension of that time if it is not reasonable to expect the person to comply with regulation 30 within the specified time.

             (5)  In proceedings under the Act or these Regulations, a certificate of an official analyst issued under subregulation (1), or a copy of that certificate, is, in the absence of evidence to the contrary, conclusive proof of the matters set out or stated in it.

             (6)  A document purporting to be:

                     (a)  a certificate of an official analyst issued under subregulation (1); or

                     (b)  a copy of that certificate;

and purporting to be signed by an official analyst is, in the absence of evidence to the contrary, to be taken to be the certificate or a copy of the certificate and to have been issued under subregulation (1) or (2), as the case requires.

30  Review of findings of official analyst

             (1)  A person:

                     (a)  to whom a certificate, setting out the results of an examination and analysis of goods, is issued under subregulation 29(1); and

                     (b)  who sends to the Secretary evidence in writing establishing that the goods do conform with the specified standard or comply with an applicable requirement, or, for medical devices, do comply with the applicable provisions of the essential principles or an applicable requirement;

may ask for the results of the analysis to be reviewed.

             (2)  A request for review of the results of the analysis is to be made not later than 21 days after the person receives the certificate, or the copy of the certificate, as the case may be.

             (3)  The Secretary must extend the period of 21 days if it is not reasonable to expect the person to provide the evidence within the period referred to in subregulation (2).

             (4)  A person is not to be regarded as having sent the Secretary evidence establishing that goods conform with a specified standard or comply with an applicable requirement, or, for medical devices, comply with the applicable provisions of the essential principles or an applicable requirement, unless that person has sent to the Secretary a certificate of an analyst who has appropriate qualifications and experience setting out:

                     (a)  a statement that the analyst has analysed a part of the same sample, or a similar sample from the same batch (if any), of those goods; and

                     (b)  the results of that analysis; and

                     (c)  details of the tests used in the analysis.

             (5)  If the certificate referred to in subregulation (4) shows that an analysis of goods for the purpose of establishing that the goods conform with a specified standard or comply with an applicable requirement, or, for medical devices, comply with the applicable provisions of the essential principles or an applicable requirement, was carried out in accordance with the relevant tests in relation to the goods, subregulation (6) applies to those goods.

             (6)  Unless the results of the analysis of a sample of goods to which this subregulation applies, or other information available to the Secretary in relation to those goods, shows lack of homogeneity in the sample, the Secretary, at the request of the sponsor of the goods, must direct:

                     (a)  if part of the sample remains unimpaired—the official analyst to send so much of the sample as remains unimpaired; or

                     (b)  if no part of the sample remains unimpaired—that a further sample be taken by an authorised officer from the same batch as the original sample and that that further sample be sent;

to an analyst agreed upon by the person who requested the review and the official analyst, or, in the absence of agreement, to an analyst nominated by the Secretary.

             (7)  If a sample is forwarded to an analyst referred to in subregulation (6), the analyst is to:

                     (a)  analyse the sample of the goods in accordance with any relevant tests;

                     (b)  send to the Secretary a certificate, signed by the analyst, setting out the results of the analysis; and

                     (c)  send a copy of that certificate, signed by the analyst to the sponsor of the goods.

             (8)  A certificate under regulation 29 setting out the results of the analysis of a sample of goods ceases to have effect when the Secretary receives the certificate in relation to those goods under subregulation (7).

             (9)  If the findings of the official analyst are upheld, the sponsor must pay any charges payable to the analyst referred to in subregulation (6) in respect of the analysis of the sample.

           (10)  In proceedings under the Act or these Regulations, a certificate of an analyst issued under subregulation (7) or a copy of that certificate is, in the absence of evidence to the contrary, conclusive proof of the matters stated in it.

           (11)  A document purporting to be:

                     (a)  a certificate of an analyst issued under subregulation (7); or

                     (b)  a copy of that certificate, and purporting to be signed by the analyst;

is, in the absence of evidence to the contrary, to be regarded as the certificate, or a copy of the certificate, and to have been issued under that subregulation.

31  Payment for samples

             (1)  If a sample of therapeutic goods is taken by an authorised officer, the Commonwealth is liable to pay the owner of the goods from which the sample was taken an amount equal to the value of any part of the sample removed by the authorised officer.

          (1A)  If a sample of therapeutic goods delivered under subsection 28(5A) or 41FN(2) of the Act is sent to a laboratory for analysis, the Commonwealth is liable to pay to the person in relation to whom the goods are entered on the Register an amount equal to the value of the sample.

             (2)  The amount the Commonwealth is liable to pay is to be worked out on the basis of the market value of the sample when the sample was taken by the authorised officer or delivered under subsection 28(5A) or 41FN(2) of the Act.

32  Offences relating to analysis etc

             (1)  A person must not:

                     (a)  molest, obstruct or try to intimidate or influence an authorised officer in the execution of his or her powers or the performance of his or her duties under these Regulations; or

                     (b)  on being asked by an authorised officer, fail:

                              (i)  to show the authorised officer the place where any therapeutic goods are kept; or

                             (ii)  to admit the authorised officer to a place where therapeutic goods are kept; or

                            (iii)  to show the authorised officer, or let the authorised officer inspect, therapeutic goods kept by the person; or

                            (iv)  to allow a sample of therapeutic goods to be taken in accordance with these Regulations; or

                             (v)  to give an authorised officer information required by the authorised officer, being information relevant to the manufacture and testing of therapeutic goods that the person is able to provide; or

                            (vi)  to assist the authorised officer in the execution of his or her powers or the performance of his or her duties under these Regulations; or

                     (c)  on being asked by an official analyst, fail to give any information required by the official analyst, being information relevant to the testing of therapeutic goods, that that person is able to provide.

Penalty:  10 penalty units.

          (1A)  For the purposes of an offence under paragraph (1)(a), strict liability applies to the physical element that the duties mentioned in that paragraph are duties under these Regulations.

Note:          For strict liability, see section 6.1 of the Criminal Code.

          (1B)  An offence under paragraph (1)(b) or (c) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

          (1C)  It is a defence to a prosecution under paragraph (1)(b) or (c) if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter mentioned in subregulation (1C) (see section 13.3 of the Criminal Code).

             (2)  It is a reasonable excuse for a person to fail to comply with a request for information under paragraph (1)(b) or (c) if compliance with that request would tend to incriminate that person.

33  Identity cards

             (1)  The Secretary is to ensure that each authorised officer is issued with an identity card that incorporates a recent photograph of the person.

             (2)  Where the authorised officer enters premises in the course of his or her duties under this Part, the authorised officer must, if requested to do so by any person at those premises, produce his or her identity card for inspection by that person.

             (3)  When a person ceases to be an authorised officer, the person must, as soon as practicable after so ceasing, return the person’s identity card to the Secretary.

Penalty:  1 penalty unit.

             (4)  An offence under subregulation (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Part 5A—Exceptional release

  

33A  Prescribed circumstances under which biologicals may be imported, exported or supplied

                   For paragraphs 14(5A)(b), (9A)(b), (13A)(b), 14A(1A)(b), (2A)(b) and (3A)(b) of the Act, the circumstances are:

                     (a)  the patient has been clinically assessed by the treating medical practitioner to require the biological urgently to treat a serious condition; and

                     (b)  a biological that is included in the Register under Part 3‑2A of the Act and conforms with the applicable manufacturing requirements and standards is not available, or is not available within the time necessary for treatment to occur; and

                     (c)  a nonconforming biological that is included in the Register under Part 3‑2A of the Act is available; and

                     (d)  no other treatment option is suitable for the patient; and

                     (e)  the nonconforming biological is assessed as the most suitable treatment for the patient; and

                      (f)  the nonconforming biological is to be used only for the treatment of one patient.

33B  Conditions for supply of biologicals

             (1)  For subsection 15AB(1) of the Act, the conditions are that:

                     (a)  all the circumstances mentioned in regulation 33A have occurred; and

                     (b)  the sponsor of the nonconforming biological mentioned in paragraph 33A(c) receives from the treating medical practitioner a copy of a written statement of the following:

                              (i)  the proposal to use the nonconforming biological;

                             (ii)  that the patient or guardian has been told about the likely risks and benefits from the use of the biological;

                            (iii)  why the biological is nonconforming with standards applicable to the biological or was not manufactured in accordance with relevant manufacturing principles under section 36 of the Act; and

                     (c)  the medical or scientific director of the sponsor’s facility from which the supply of the biological is to occur must give written approval for release of the biological; and

                     (d)  before the biological is used:

                              (i)  the patient or the patient’s guardian must give written informed consent; or

                             (ii)  the treating medical practitioner must give written statement of the reasons that consent cannot be given; and

                     (e)  the consent and the approval must be placed on the patient’s medical records and a copy must be given to the treating medical practitioner.

             (2)  Within 28 days after the release of the nonconforming biological, the sponsor must give to the Secretary:

                     (a)  a notification of use of the nonconforming biological, on a form approved by the Secretary; and

                     (b)  a copy of the documents mentioned in paragraphs (1)(b) to (d); and

                     (c)  any other information requested by the Secretary, including any information requested after submission of the notification.

             (3)  The Secretary must give the sponsor written acknowledgement of the receipt of the notification within 28 days after receiving the notification and any further information requested by the Secretary.

33C  Report on release of nonconforming biological

                   For each nonconforming biological released from a cell or tissue bank, the sponsor of the nonconforming biological must give to the Secretary:

                     (a)  within 6 months after the release—a report that includes the following information:

                              (i)  date of release;

                             (ii)  product identification details;

                            (iii)  name and address of transplant centre or medical practitioner to whom the nonconforming biological was released;

                            (iv)  initials, gender and date of birth of patient;

                             (v)  any adverse events relating to the use of the nonconforming biological; and

                     (b)  within 14 days after a request by the Secretary—information about the supply of the nonconforming biological and the circumstances surrounding the supply, including:

                              (i)  the decision making process leading to the supply; and

                             (ii)  any adverse events related to the supply.

Part 6—Committees

Division 1A—Advisory Committee on Medicines

35  Establishment

                   The Advisory Committee on Medicines is established.

35A  Functions

             (1)  The committee’s functions are, at the request of the Minister or Secretary, to provide advice and to make recommendations to the Minister or Secretary about one or more of the following matters:

                     (a)  the safety, quality and efficacy of medicines, including in relation to pharmacovigilance;

                     (b)  the entry of a medicine in the Register;

                     (c)  the variation of an entry for a medicine in the Register;

                     (d)  the continued retention of a medicine in, or the removal of a medicine from, the Register;

                     (e)  risk assessment and risk management of medicines;

                      (f)  any other matter (whether or not related to a medicine), including a matter related to standards.

             (2)  The Minister or Secretary may require the committee to give its advice to other persons or bodies.

35B  Membership

             (1)  The Minister may appoint, in writing, up to 20 persons to the committee in accordance with subregulations (1A) and (1B).

          (1A)  Subject to subregulation (1B):

                     (a)  to the extent reasonably practicable, membership of the committee is to represent the widest possible range of fields mentioned in subregulation (2); and

                     (b)  each member of the committee must have expertise in at least one of those fields.

          (1B)  One member of the committee may have expertise in consumer health issues.

             (2)  For the purposes of subregulation (1A), the fields are as follows:

                     (a)  general medical practice in Australia;

                     (b)  specialist medical practice of a kind that is relevant to the committee’s functions;

                     (c)  epidemiology or biostatistics;

                     (d)  clinical pharmacology or pharmacokinetics;

                     (e)  paediatrics;

                      (f)  gerontology;

                     (g)  internal medicine, including the following:

                              (i)  haematology;

                             (ii)  oncology;

                            (iii)  infectious diseases;

                            (iv)  cardiology;

                             (v)  gastroenterology or hepatology;

                            (vi)  renal disease;

                           (vii)  endocrinology;

                          (viii)  neurology;

                            (ix)  immunology;

                             (x)  rheumatology;

                            (xi)  respiratory disease;

                     (h)  intensive care;

                      (i)  anaesthetics;

                      (j)  psychiatry;

                     (k)  toxicology;

                      (l)  pharmaceutical chemistry;

                    (m)  microbiology;

                     (n)  community or clinical pharmacy;

                     (o)  manufacture of medicines;

                     (p)  dermatology;

                     (q)  obstetrics or gynaecology;

                      (r)  ophthalmology;

                      (s)  radiology;

                      (t)  medical genetics;

                     (u)  developmental or reproductive toxicology;

                     (v)  medicines in pregnancy;

                    (w)  medical ethics.

Division 1D—Advisory Committee on Medical Devices

38  Establishment

                   The Advisory Committee on Medical Devices is established.

38A  Functions

             (1)  The committee’s functions are, at the request of the Minister or Secretary, to provide advice and to make recommendations to the Minister or Secretary about one or more of the following matters:

                    (aa)  the safety, performance and manufacturing of a medical device;

                     (a)  the inclusion of a medical device or other therapeutic goods in the Register;

                     (b)  the variation of an entry for a medical device or other therapeutic goods in the Register;

                     (c)  the continued retention of a medical device or other therapeutic good in, or the removal of a medical device or other therapeutic good from, the Register;

                     (d)  risk assessment and risk management of medical devices;

                     (e)  any other matter (whether or not related to a medical device or other therapeutic goods).

             (2)  The Minister or Secretary may require the committee to give its advice to other persons or bodies.

38B  Membership

             (1)  The Minister may appoint, in writing, up to 16 persons to the committee in accordance with subregulations (2) and (3).

             (2)  Subject to subregulation (3):

                     (a)  to the extent reasonably practicable, membership of the committee is to represent the widest possible range of fields mentioned in subregulations (4) and (5); and

                     (b)  each member of the committee must have either or both of the following:

                              (i)  medical or surgical expertise in one of the fields mentioned in subregulation (4);

                             (ii)  expertise in at least one of the fields mentioned in subregulation (5).

             (3)  One member of the committee may have expertise in consumer health issues.

             (4)  For the purposes of paragraph (2)(a) and subparagraph (2)(b)(i), the fields are as follows:

                     (a)  anaesthetics;

                     (b)  cardiology;

                     (c)  cardiothoracic surgery;

                     (d)  dentistry or oro‑maxillofacial surgery;

                     (e)  ear, nose and throat;

                      (f)  gastroenterology;

                     (g)  neurology;

                     (h)  obstetrics or gynaecology;

                      (i)  ophthalmology;

                      (j)  orthopaedics;

                     (k)  pathology;

                      (l)  plastic and reconstructive surgery;

                    (m)  renal;

                     (n)  respiratory medicine;

                     (o)  vascular medicine;

                     (p)  any other medical or surgical field of expertise that is relevant to the committee’s functions.

             (5)  For the purposes of paragraph (2)(a) and subparagraph (2)(b)(ii), the fields are as follows:

                     (a)  biomedical engineering or biomaterials;

                     (b)  epidemiology or biostatistics;

                     (c)  general medical practice in Australia;

                     (d)  human factors analysis;

                     (e)  interventional cardiology;

                      (f)  interventional radiology;

                     (g)  manufacture of medical devices;

                     (h)  medical device software engineering;

                      (i)  nursing;

                      (j)  any other clinical or technical field of expertise that is relevant to the committee’s functions.

Division 1E—Advisory Committee on Complementary Medicines

39  Establishment

                   The Advisory Committee on Complementary Medicines is established.

39A  Functions

             (1)  The committee’s functions are, at the request of the Minister or Secretary, to provide advice and to make recommendations to the Minister or Secretary about one or more of the following matters:

                     (a)  the safety, efficacy and manufacturing quality of a complementary medicine;

                     (b)  the safety and quality of ingredients that are, or are proposed to be, included in a determination under subsection 26BB(1) of the Act for a listed complementary medicine;

                     (c)  any requirements that are, or are proposed to be, included in a determination under subsection 26BB(1) of the Act in relation to ingredients for a listed complementary medicine;

                     (d)  the registration or listing of a complementary medicine;

                     (e)  the variation of an entry for a complementary medicine in the Register;

                      (f)  the continued retention of a complementary medicine in, or the removal of a complementary medicine from, the Register;

                     (g)  any other matter (whether or not related to a complementary medicine), including a matter related to standards.

             (2)  The Minister or Secretary may require the committee to give its advice to other persons or bodies.

39B  Membership

             (1)  The minister may appoint, in writing, up to 8 persons to the committee in accordance with subregulations (1A) and (1B).

          (1A)  Subject to subregulation (1B):

                     (a)  to the extent reasonably practicable, membership of the committee is to represent the widest possible range of fields mentioned in subregulation (2); and

                     (b)  each member of the committee must have expertise in at least one of those fields.

          (1B)  One member of the committee may have expertise in consumer health issues.

             (2)  For the purposes of subregulation (1A), the fields are as follows:

                     (a)  complementary medical practice;

                     (b)  manufacture of medicines;

                     (d)  general medical practice in Australia;

                     (e)  herbal medicine;

                      (f)  naturopathy;

                     (g)  nutrition and nutritional medicine;

                     (h)  pharmacology;

                      (i)  pharmacognosy;

                      (j)  toxicology;

                     (k)  epidemiology.

Division 1EA—Advisory Committee on Biologicals

39C  Establishment

                   The Advisory Committee on Biologicals is established.

39D  Functions

             (1)  The committee’s functions are, at the request of the Minister or Secretary, to provide advice and to make recommendations to the Minister or Secretary about one or more of the following matters:

                    (aa)  the safety and efficacy of a biological;

                     (a)  the inclusion of a biological in the Register under Part 3‑2A of the Act;

                     (b)  the variation of an entry for a biological included in the Register under Part 3‑2A of the Act;

                     (c)  the continued retention of a biological in, or the removal of a biological from, the Register;

                     (d)  any other matter (whether or not related to a biological), including a matter related to standards.

             (2)  The Minister or Secretary may require the committee to give its advice to other persons or bodies.

39E  Membership

             (1)  The Minister may, in writing, appoint up to 12 persons to the committee in accordance with subregulations (1A) and (1B).

          (1A)  Subject to subregulation (1B):

                     (a)  to the extent reasonably practicable, membership of the committee is to represent the widest possible range of fields mentioned in subregulation (2); and

                     (b)  each member of the committee must have expertise in at least one of those fields.

          (1B)  One member of the committee may have expertise in consumer health issues.

             (2)  For the purposes of subregulation (1A), the fields are as follows:

                     (a)  infectious diseases;

                     (b)  tissue products;

                     (c)  blood products;

                     (d)  cellular therapies, including tissue engineering;

                     (g)  clinical expertise;

                     (h)  epidemiology or biostatistics;

                      (i)  toxicology.

Division 1EB—Advisory Committee on Vaccines

39F  Establishment

                   The Advisory Committee on Vaccines is established.

39G  Functions

             (1)  The committee’s functions are, at the request of the Minister or Secretary, to provide advice and to make recommendations to the Minister or Secretary about one or more of the following matters:

                     (a)  the safety, quality and efficacy of vaccines, including in relation to pharmacovigilance;

                     (b)  the registration of a vaccine;

                     (c)  the variation of an entry for a vaccine in the Register;

                     (d)  the continued retention of a vaccine in, or the removal of a vaccine from, the Register;

                     (e)  risk assessment and risk management of vaccines;

                      (f)  any other matter (whether or not related to a vaccine), including a matter related to standards.

             (2)  The Minister or Secretary may require the committee to give its advice to other persons or bodies.

39H  Membership

             (1)  The Minister may, in writing, appoint up to 10 persons to the committee in accordance with subregulations (1A), (1B) and (2).

          (1A)  Subject to subregulations (1B) and (2):

                     (a)  to the extent reasonably practicable, membership of the committee is to represent the widest possible range of fields mentioned in subregulation (3); and

                     (b)  each member of the committee must have expertise in at least one of those fields.

          (1B)  One member of the committee may have expertise in consumer health issues.

             (2)  The Minister may appoint one member from each of the following:

                     (a)  the Australian Technical Advisory Group on Immunisation;

                     (b)  the National Immunisation Committee;

                     (d)  the National Centre for Immunisation Research and Surveillance.

             (3)  For the purposes of subregulation (1A), the fields are as follows:

                     (a)  immunology;

                     (b)  virology;

                     (c)  bacteriology;

                     (d)  infectious diseases in adults or children;

                     (e)  public health;

                      (f)  epidemiology or biostatistics;

                     (g)  vaccine program implementation;

                     (h)  the provision of immunisation treatment by an individual;

                      (i)  paediatrics;

                      (j)  nursing.

Division 1F—General

40  Application of this Division

                   This Division applies to committees mentioned in Divisions 1A, 1D, 1E, 1EA and 1EB.

41  Appointment of members

             (1)  A member is appointed to a committee for the term stated in the member’s instrument of appointment.

             (2)  A term of appointment must not be longer than 3 years.

             (3)  A member, other than a member mentioned in subregulation (4), must not be appointed for more than 3 consecutive terms.

             (4)  A member appointed to a committee before the commencement of this subregulation must not be appointed for more than 3 further consecutive terms.

41A  Appointment of the chair

                   The Minister must appoint, in writing, a member of a committee to be its chair.

41B  Resignation or vacancy

             (1)  A member or chair may resign by giving written notice to the Minister.

             (2)  If a chair ceases to be a member of a committee, the position is taken to be vacant.

41C  Termination of appointment

             (1)  The Minister may terminate a member’s appointment on any of the following grounds:

                     (a)  physical or mental incapacity;

                     (b)  misbehaviour;

                     (c)  incompetence;

                     (d)  bankruptcy;

                     (e)  failing to comply with the disclosure of interest requirements mentioned in regulation 42.

             (2)  The Minister must terminate a member’s appointment if:

                     (a)  the member is convicted of an offence punishable by imprisonment for at least 1 year; or

                     (b)  if the member is absent without leave of absence from 3 consecutive meetings of the committee.

41D  Leave of absence

             (1)  The Minister may grant leave of absence to the chair.

             (2)  The chair may grant leave of absence to another committee member.

41E  Acting members

             (1)  The Minister may appoint a person to act as a member of a committee.

             (2)  A person may act as a member of a committee:

                     (a)  during a vacancy in the office, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the holder of the office is absent from duty or is, for any reason, unable to perform the duties of the office.

             (3)  A person appointed to act in an office must, to the extent reasonably practicable:

                     (a)  if a particular qualification is required for a substantive member—hold that qualification; or

                     (b)  if different qualifications are required for all members of the committee—hold 1 of those qualifications.

             (4)  A person appointed to act during a vacancy must not continue to act for more than 12 months.

41F  Committee procedures

                   In performing its functions, a committee:

                     (a)  must act in accordance with this Division; and

                     (b)  must act with as little formality and as quickly as this Division and a proper consideration of the issues before the committee allow; and

                     (c)  is not bound by the rules of evidence; and

                     (d)  may obtain information about an issue in any way it considers appropriate (subject to subregulation 42(9)); and

                     (e)  may receive information or submissions orally or in writing; and

                      (f)  must comply with any directions given, in writing, to the committee by the Minister or the Secretary about the committee’s performance of its functions (other than a direction about advice given or proposed to be given by the committee).

41G  Meetings

             (1)  The chair of a committee may give written notice to the committee, or to some members of the committee, directing the committee, or those members, to hold meetings at the times and places, and to deal with the matters in the manner, stated in the notice.

             (2)  The procedure of a meeting must be determined by the committee in accordance with this Division.

41H  Presiding member

             (1)  The chair must preside at a committee meeting or nominate a member of the committee to preside at the meeting.

             (2)  If the chair is temporarily absent from a meeting, the member chosen by the members present must preside at the meeting.

             (3)  A member chosen to preside under subregulation (2) may exercise the powers and functions of the chair.

41I  Quorum

                   A quorum exists at a committee meeting when:

                     (a)  at least half of the members are present; or

                     (b)  at least half of the members who have been directed to hold the meeting under subregulation 41G(1) are present.

41J  Voting

             (1)  A decision made at a committee meeting by a majority of the votes of the members present and voting is a decision of the committee.

             (2)  The member presiding at a committee meeting has a deliberative vote and, if the votes are equal, also has a casting vote.

42  Miscellaneous

Sitting fees and travel entitlements

             (1)  A member of a committee is entitled to sitting fees and travel entitlements as determined by the Remuneration Tribunal.

When committee may establish subcommittees

             (2)  A committee, with the approval of the Secretary, may establish subcommittees, consisting of members and other persons.

             (3)  The function of the subcommittee is to inquire into, and report to the committee on, any matter referred to the subcommittee that is within the functions of the committee.

Disclosure of interests

             (4)  A member of a committee who is aware that he or she has a direct or indirect material personal interest (whether pecuniary or not) in a matter being considered or about to be considered at a meeting of the committee must, without delay, disclose the nature of the interest at, or before, the meeting of the committee.

             (5)  The disclosure must be recorded in the minutes of the meeting and the member must not, unless the committee otherwise determines, either be present during any deliberation of the committee about the matter or take part in any decision of the committee about that matter.

             (6)  When a committee is making a determination about a member who has made a disclosure, the member, and any other member who has a direct or indirect material personal interest (whether pecuniary or not) in the matter to which the disclosure relates, must not either be present during any deliberation of the committee or take part in making the determination.

             (7)  A member of a subcommittee appointed by a committee, who is aware that he or she has a direct or indirect material personal interest (whether pecuniary or not) in a matter being considered, or about to be considered, at a meeting of the subcommittee must, without delay, disclose the nature of the interest at, or before, the meeting of the subcommittee.

Seeking further advice

             (8)  Any advice or recommendation given by a committee to the Minister or the Secretary may be given to another expert advisory committee for the advice of that committee.

             (9)  In performing its functions, a committee may seek advice from other persons.

Validity of acts of members

           (10)  Anything done by a person purporting to be or act as a member (including a chair) is not invalid because:

                     (a)  the person had not yet been appointed; or

                     (b)  there is a defect or irregularity in connection with the person’s appointment; or

                     (c)  the person’s appointment had ceased to have effect.

Records and reports

           (11)  A committee must keep a record of its proceedings, and must prepare any other report about its activities that is requested by the Minister or the Secretary.

Publication of recommendations of committees

           (12)  The Secretary must publish the recommendations of each committee.

Division 2—Therapeutic Goods Advertising Code Council

42A  Therapeutic Goods Advertising Code Council

                   A committee, to be known as the Therapeutic Goods Advertising Code Council, is established.

42B  Functions of the Council

             (1)  The Council’s functions are:

                     (a)  to consider requirements for the advertising of therapeutic goods and changes to the Therapeutic Goods Advertising Code, to accept submissions for this purpose and to advise the Minister accordingly; and

                     (b)  to make recommendations to the Minister for achieving greater uniformity in approval processes and standards for advertising therapeutic goods in specified media and broadcast media; and

                     (c)  to make recommendations to the Minister about requests for review of a decision of the Secretary under regulation 5G; and

                     (d)  to consider matters raised at Council meetings by Council members or observers to the Council and advise the Minister accordingly; and

                     (e)  to advise the Minister on any matter referred to the Council by the Minister or Secretary; and

                      (f)  any other function conferred on the Council by these Regulations.

             (2)  The Council may, with the approval of the Minister, appoint sub‑committees of its members to inquire into, and report on, any matter that is within the functions of the Council.

42C  Membership of the Council

             (1)  The Council is to have 15 members as follows:

                     (a)  5 manufacturer/supplier members, comprising 1 person nominated by each of the following bodies:

                              (i)  the CHCA;

                             (ii)  the ASMI;

                            (iii)  the Australian Direct Marketing Association;

                            (iv)  the Direct Selling Association of Australia Inc;

                             (v)  the Medical Technology Association of Australia;

                     (b)  2 advertising industry members, comprising 1 person nominated by each of the following bodies:

                              (i)  the Australian Association of National Advertisers;

                             (ii)  the Communications Council;

                     (c)  2 consumer members, comprising 1 person nominated by each of the following bodies:

                              (i)  the Australian Consumers Association;

                             (ii)  the Consumers’ Health Forum;

                     (d)  3 health care professional members comprising:

                              (i)  1 person nominated by the Australian Traditional Medicines Society; and

                             (ii)  1 person nominated jointly by the Pharmacy Guild of Australia and the Pharmaceutical Society of Australia; and

                            (iii)  1 person nominated by the Royal Australian College of General Practitioners;

                     (e)  2 members nominated by the Therapeutic Goods Administration;

                      (f)  1 member jointly nominated by the Publishers’ Advertising Advisory Bureau and the Outdoor Advertising Association of Australia.

             (2)  A member of the Council who, before 1 January 1999, was nominated under paragraph (1)(a) by the NFAA is taken to have been nominated by the CHCA.

42D  Term of office of Council members

             (1)  A member of the Council holds office for a term of 2 years from the date of the member’s nomination.

             (2)  A person cannot hold office for more than 4 consecutive terms.

             (3)  This regulation applies subject to:

                     (a)  regulation 42F (Resignation); and

                     (b)  regulation 42G (Cessation of membership).

42E  Chairperson of the Council

             (1)  At the first meeting of the Council, and afterwards as the occasion arises, the Council must appoint a member of the Council to be the chairperson of the Council.

             (2)  The chairperson must be a member nominated by the Therapeutic Goods Administration.

             (3)  Unless the chairperson earlier resigns the office, or ceases to be a member of the Council, the chairperson holds office for 1 year from the date of his or her appointment.

42F  Resignation

             (1)  A member of the Council nominated by a body may resign as a member by notice in writing to the Council.

             (2)  The chairperson of the Council may resign the office of chairperson by notice in writing to the Council.

42G  Cessation of membership

                   A person ceases to be a member of the Council if:

                     (a)  the person resigns as a member; or

                     (b)  the body who nominated the member nominates another person to be a member in place of the person first mentioned; or

                     (c)  the member is absent for 2 consecutive meetings of the Council without leave of the chairperson; or

                     (d)  the Council resolves to remove the member.

42H  Alternate members

             (1)  A body mentioned in regulation 42C may appoint up to 2 persons who are not members of the Council to each be available to be the alternate of a member nominated to the Council by that body.

             (2)  If a member is absent from a meeting of the Council, the member’s alternate (if any) is entitled to attend the meeting and, when so attending, is taken to be a member of the Council.

             (3)  If a person appointed by a body mentioned in regulation 42C ceases to hold office as a member:

                     (a)  the person who was the person’s alternate under subregulation (2) immediately before the person ceased to hold office; or

                     (b)  in the absence of an alternate under paragraph (a), a person who was, under subregulation (1), available to be the alternate of the person who ceased to hold office;

is entitled to attend meetings of the Council while the office is vacant and, when so attending, is taken to be a member of the Council.

          (3A)  The person described in paragraph 3(a) or (b) is taken to be the alternate of a person nominated to the vacant office until a new alternate is appointed.

             (4)  A person appointed by a body as an alternate may resign the appointment by notice in writing to the body.

42J  Observers to Council

             (1)  Each of the bodies mentioned in subregulation (2) may nominate a person to attend meetings of the Council as an observer.

             (2)  For subregulation (1), the bodies are:

                    (aa)  the Australian Competition and Consumer Commission; and

                     (b)  ACCORD Australasia Ltd (ACN 117 659 168); and

                    (ca)  Medicines Australia; and

                     (d)  Medsafe, a regulatory agency within the New Zealand Ministry of Health.

          (2A)  Free TV Australia and Commercial Radio Australia Limited may jointly nominate a person to attend meetings of the Council as an observer.

             (3)  A person nominated as an observer is entitled, until the nomination is revoked:

                     (a)  to be given the agenda and minutes of Council meetings, as if the person were a member of the Council; and

                     (b)  by notice in writing to the chairperson suggest agenda items to be considered by the Council; and

                     (c)  if the person has given notice to the chairperson that the person intends to attend a meeting of the Council—to attend the meeting and vote on any question in accordance with regulation 42L.

             (4)  The chairperson of the Complaints Resolution Panel may attend meetings of the Council as an observer having the same entitlements as an observer mentioned in subregulation (3).

42K  Quorum

                   At a meeting of the Council, a quorum consists of the chairperson and 5 other members of the Council including:

                     (a)  a member nominated by the CHCA or ASMI; and

                     (b)  an advertising industry member; and

                     (c)  a consumer member; and

                     (d)  a health care professional member; and

                     (e)  a member nominated by the Therapeutic Goods Administration.

42L  Meetings

             (1)  Meetings of the Council are to be held at the times and places that the chairperson directs.

             (2)  The chairperson is to preside at meetings of the Council at which he or she is present.

             (3)  If the chairperson is absent from a meeting, a member nominated by the chairperson or, if no member is nominated, a member chosen by the members of the Council present at the meeting, is to preside.

             (4)  A question (other than a question mentioned in subregulation (6)) arising at a meeting of the Council is to be decided by a majority of the votes of the members and observers present and voting, with the person presiding at the meeting having a casting vote.

             (5)  An observer is entitled to vote at a meeting on any question affecting the interests of the body nominating the observer.

             (6)  The chairperson is to decide whether a question affects the interests of the body nominating an observer.

42M  Effect of vacancy

                   The exercise of a power or the performance of a function of the Council is not affected by any vacancy in the membership of the Council.

42N  Disclosure of interest

             (1)  A member of the Council (including a person taken to be a member under regulation 42H) who has a direct or indirect material personal interest (whether pecuniary or not) in a matter being considered or about to be considered at a meeting of the Council must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Council.

             (2)  The disclosure is to be recorded in the minutes of the meeting and the member must not, unless the Council otherwise determines:

                     (a)  be present during any deliberation of the Council with respect to the matter; or

                     (b)  take part in any decision of the Council with respect to that matter.

             (3)  For the purpose of the making of a determination in relation to the member who has made the disclosure, any member who has a direct or indirect material personal interest (whether pecuniary or not) in the matter to which the disclosure relates must not:

                     (a)  be present during any deliberation of the Council for the purpose of making the determination; or

                     (b)  take part in the making of the determination by the Council.

             (4)  Subregulations (1), (2) and (3) apply to an observer to the Council who is intending to take part in any decision of the Council on a matter as they apply to a member.

42P  Procedure generally

                   So far as these Regulations do not provide for the procedure of the Council, the Council may determine its own procedure.

42Q  Annual report

                   Within 3 months after the end of a financial year, the Council must give the Minister a written report on the operation of the Council for that financial year.

Division 3—Complaints Resolution Panel

Subdivision 1—General

42R  Complaints Resolution Panel

                   A committee, to be known as the Complaints Resolution Panel, is established.

42S  Function of the Panel

                   The function of the Panel is:

                     (a)  to receive and consider complaints about advertisements and generic information under Subdivision 2; and

                     (b)  to take action and to make recommendations to the Secretary on the complaints in accordance with that Subdivision.

42T  Membership of the Panel

             (1)  The panel is to have 9 members, as follows:

                     (a)  a chairperson nominated by the Therapeutic Goods Advertising Code Council;

                     (b)  3 members, comprising 1 person nominated by each of the following bodies:

                              (i)  the CHCA;

                             (ii)  the ASMI;

                            (iii)  the Medical Technology Association of Australia;

                     (c)  2 consumer members, comprising 1 person nominated by each of the following bodies:

                              (i)  the Australian Consumers Association;

                             (ii)  the Consumers’ Health Forum;

                     (d)  3 health care professional members comprising:

                              (i)  1 person nominated by the Australian Traditional Medicines Society; and

                             (ii)  1 person nominated jointly by the Pharmacy Guild of Australia and the Pharmaceutical Society of Australia; and

                            (iii)  1 person nominated by the Royal Australian College of General Practitioners.

          (1A)  However, the chairperson may nominate an additional member for a meeting of the Panel at which a complaint about a therapeutic device is to be considered.

          (1B)  A person nominated under subregulation (1A) must:

                     (a)  have appropriate expertise and experience; and

                     (b)  be taken from a list of persons given to the chairperson by a body that represents, or a combination of bodies that together represent, the interests of Australian manufacturers, suppliers, exporters and importers of therapeutic devices.

             (2)  A person cannot be nominated as a member of the Panel if the nomination would result in there being more than 5 members of the Panel who are members of the Therapeutic Goods Advertising Code Council.

             (3)  A person cannot be nominated as a member of the Panel if the person is engaged in the process of approving advertisements for the CHCA or ASMI, under a delegation to the CHCA or ASMI under regulation 5Q.

             (4)  A member of the Panel who, before 1 January 1999, was nominated under paragraph (1)(b) by the NFAA is taken to have been nominated by the CHCA.

42U  Term of office of Panel members

             (1)  A member of the Panel holds office for a term of 2 years from the date of the member’s nomination.

             (2)  A person cannot hold office for more than 4 consecutive terms.

             (3)  This regulation applies subject to regulation 42V (Cessation of office).

42V  Cessation of office

                   A person ceases to be a member of the Panel if:

                     (a)  the person resigns as a member by notice in writing to the Panel; or

                     (b)  the body who nominated the member nominates another person to be a member in place of the person first mentioned; or

                     (c)  the Panel resolves to remove the member.

42W  Alternate members

             (1)  The chairperson may appoint a person who is not a member of the panel to be the alternate chairperson of the Panel.

             (2)  A body mentioned in paragraph 42T(1)(b), (c) or (d) may appoint up to 2 persons who are not members of the Panel to each be available to be the alternate of a member nominated to the Panel by that body.

             (3)  If a member (including the chairperson) is absent from a meeting of the Panel, the member’s alternate (if any) is entitled to attend the meeting and, when so attending, is taken to be a member of the Panel.

          (3A)  If a person appointed by a body mentioned in paragraph 42T(1)(b), (c) or (d) ceases to hold office as a member:

                     (a)  the person who was the person’s alternate under subregulation (3) immediately before the person ceased to hold office; or

                     (b)  in the absence of an alternate under paragraph (a), a person who was, under subregulation (2), available to be the alternate of the person who ceased to hold office;

is entitled to attend meetings of the Council while the office is vacant and, when so attending, is taken to be a member of the Council.

          (3B)  The person described in paragraph 3A(a) or (b) is taken to be the alternate of a person nominated to the vacant office until a new alternate is appointed.

             (4)  If the chairperson ceases to hold office:

                     (a)  the person who was the person’s alternate immediately before the person ceased to hold office is entitled to attend meetings of the Panel while the office is vacant and, when so attending, is taken to be a member of the Panel; and

                     (b)  the person is taken to be the alternate of a person nominated to the vacant office until a new alternate is appointed.

             (5)  A person appointed by a body as an alternate may resign the appointment by notice in writing to the body.

42X  Observers to Panel

             (1)  The Therapeutic Goods Administration must nominate a person to attend meetings of the Panel as an observer.

             (2)  Food Standards Australia New Zealand may nominate a person to attend meetings of the Panel as an observer.

             (3)  A person nominated as an observer is entitled, until the nomination is revoked:

                     (a)  to be given the agenda and minutes of Panel meetings, as if the person were a member of the Panel; and

                     (b)  by notice in writing to the chairperson suggest agenda items to be considered by the Panel; and

                     (c)  to attend meetings of the Panel and vote on any question in accordance with regulation 42Z.

42Y  Quorum

             (1)  Subject to subregulation (3), at a meeting of the Panel, a quorum exists if the chairperson and 4 other persons, being members of the Panel or observers to the Panel, are present.

Note:          See regulation 42T in relation to the nomination of members of the Panel and regulation 42X in relation to the nomination of observers to the Panel.

             (3)  A quorum for a meeting convened to consider a complaint does not include a member of the Panel if the complaint was made by:

                     (a)  the member; or

                     (b)  the body that nominated the member.

42Z  Meetings

             (1)  Meetings of the Panel are to be held at the times and places that the chairperson directs.

             (2)  The chairperson is to preside at meetings of the Panel at which he or she is present.

             (3)  If the chairperson or chairperson’s alternate is absent from a meeting, a member nominated by the chairperson or, if no member is nominated, a member chosen by the members of the Panel present at the meeting, is to preside.

             (4)  A question arising at a meeting of the Panel is to be decided by a majority of the votes of the members and observers present and voting, with the person presiding at the meeting having a casting vote.

             (5)  An observer is entitled to vote at a meeting on any question affecting the interests of the body nominating the observer.

42ZA  Effect of vacancy

                   The exercise of a power or performance of a function of the Panel is not affected by any vacancy in the membership of the Panel.

42ZB  Disclosure of interest

             (1)  A member of the Panel (including a person taken to be a member under regulation 42W) who has a direct or indirect material personal interest (whether pecuniary or not) in a matter being considered or about to be considered at a meeting of the Panel must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Panel.

             (2)  The disclosure is to be recorded in the minutes of the meeting and the member must not, unless the Panel otherwise determines:

                     (a)  be present during any deliberation of the Panel with respect to the matter; or

                     (b)  take part in any decision of the Panel with respect to that matter.

             (3)  For the purpose of the making of a determination in relation to the member who has made the disclosure, any member who has a direct or indirect material personal interest (whether pecuniary or not) in the matter to which the disclosure relates must not:

                     (a)  be present during any deliberation of the Panel for the purpose of making the determination; or

                     (b)  take part in the making of the determination by the Panel.

             (4)  Subregulations (1), (2) and (3) apply to an observer to the Panel who is intending to take part in any decision of the Panel on a matter as they apply to a member.

42ZC  Reports to Council

             (1)  The Panel must give to the Therapeutic Goods Advertising Code Council periodic written reports on the operation of the Panel during a reporting period.

             (2)  Each reporting period must be for a consecutive period of not more than 12 months.

             (3)  The Panel must consult with the Therapeutic Goods Advertising Code Council to determine the first reporting period.

             (4)  A report must be given as soon as practicable after the end of the reporting period to which it relates.

Subdivision 2—Procedure—Complaints about advertisements and generic information

42ZCAA  Definitions for Subdivision 2

                   In this Subdivision:

another authority includes the Therapeutic Goods Administration.

complaint means a complaint about an advertisement or generic information made to the Complaints Resolution Panel in accordance with regulation 42ZCAB.

person apparently responsible, in relation to a complaint about an advertisement or generic information, means the person who, based on the complaint and the assessment of the Complaints Resolution Panel, appears to be responsible for requesting the publication or insertion of the advertisement or generic information in specified media.

42ZCAB  Complaints about advertisements or generic information

             (1)  A person may complain in writing to the Complaints Resolution Panel that:

                     (a)  an advertisement about designated therapeutic goods that is published or inserted in specified media or broadcast media contravenes:

                              (i)  subsection 22(5) or section 42C, 42DL, 42DM or 42DP of the Act; or

                             (ii)  these Regulations; or

                            (iii)  the Therapeutic Goods Advertising Code; or

                     (b)  an advertisement about medical devices or other therapeutic goods that is published or inserted in specified media or broadcast media contravenes:

                              (i)  subsection 22(5) or 41FN(5) of the Act; or

                             (ii)  these Regulations; or

                            (iii)  the Therapeutic Goods Advertising Code.

             (2)  A person may complain in writing to the Complaints Resolution Panel that generic information, to which Division 4 of Part 5‑1 of the Act applies, that is published or inserted in specified media or broadcast media contravenes that Division.

42ZCAC  Procedure on receipt of a complaint

             (1)  If the Panel receives a complaint, the Panel:

                     (a)  must give, to the complainant (if known) and the person apparently responsible, written notice that the complaint has been received; and

                     (b)  may make initial inquiries so that the details and background of the complaint are available to the Panel when it considers the complaint

             (2)  The notice must:

                     (a)  give details of the complaint; and

                     (b)  invite the complainant (if known) and the person apparently responsible to send written submissions to the Panel, together with any supporting documents.

42ZCAD  Dealing with complaint

             (1)  The Panel must consider a complaint and decide whether the complaint is justified.

             (2)  In considering the complaint, the Panel must have regard to:

                     (a)  any written submissions and documents given to the Panel; and

                     (b)  the results of its inquiries (if any); and

                     (c)  information obtained about the complaint.

             (3)  A member of the Panel must not participate in the Panel’s consideration of a complaint if the complaint was made by:

                     (a)  the member; or

                     (b)  the body that nominated the member.

42ZCAE  Powers of Panel

             (1)  The Panel may inform itself on any matter, and consult such persons, as it thinks fit.

             (2)  The Panel may require the person apparently responsible or the sponsor to produce evidence in support of a claim made in an advertisement or in generic information that is the subject of a complaint.

42ZCAF  Withdrawal of complaint

             (1)  The complainant may withdraw a complaint at any time.

             (2)  The Panel may treat a complaint as withdrawn if, before dealing with the complaint under regulation 42ZCAD, the Panel is satisfied that:

                     (a)  the complaint is trivial, vexatious, misconceived or lacking in substance; or

                     (b)  the subject matter of the complaint has been dealt with by the Panel or by another authority; or

                     (c)  the subject matter of the complaint can more effectively or conveniently be dealt with by another authority; or

                     (d)  both:

                              (i)  the complainant does not intend to proceed with the complaint; and

                             (ii)  on the basis of the complaint, there does not appear to have been any contravention of the Act, these Regulations or the Therapeutic Goods Advertising Code.

             (3)  If the complaint is withdrawn under subregulation (1), the Panel must inform the person apparently responsible of the fact.

             (4)  If the Panel treats a complaint as withdrawn under subregulation (2), the Panel must give written notice to the complainant (if known) and the person apparently responsible of the Panel’s decision and the reasons for the decision.

42ZCAG  Dealing with subject matter despite withdrawal of complaint

             (1)  The Panel may deal with the subject matter of a complaint despite the withdrawal of the complaint if it appears to the Panel that there may have been a contravention of the Act, these Regulations or the Therapeutic Goods Advertising Code.

             (2)  If the Panel decides to deal with the subject matter of a complaint under subregulation (1), the Panel must give written notice of its decision and the reasons for the decision to the person apparently responsible.

42ZCAGA  Panel may refer complaint to another authority

             (1)  If the Panel is satisfied that:

                     (a)  the subject matter of a complaint, or the advertisement or generic information to which a complaint relates, involves a matter that could more effectively or conveniently be dealt with by another authority; and

                     (b)  a complaint relating to the matter could have been made by the complainant to the authority;

the Panel may, in writing, refer the matter, and any material before the Panel relating to the matter, to the authority.

             (2)  If the Panel refers a matter to another authority, the Panel must give written notice of its decision to the complainant (if known) and the person apparently responsible.

             (3)  The referral of a matter under subregulation (1) does not prevent the Panel from dealing with other matters to which the complaint relates in accordance with this Subdivision.

             (4)  This regulation applies despite the withdrawal of the complaint.

42ZCAH  Dealing with matters not specified in complaint

             (1)  The Panel may deal with a matter that is not mentioned in a complaint if it is satisfied that the advertisement or generic information to which the complaint relates may contravene the Act, these Regulations or the Therapeutic Goods Advertising Code in some other way

             (2)  If the Panel decides to deal with a matter under subregulation (1), the Panel must give written notice of its decision to the person apparently responsible.

             (3)  The notice must:

                     (a)  give details of the matter not mentioned in the complaint and the possible contravention of the Act, these Regulations or the Therapeutic Goods Advertising Code that are to be dealt with by the Panel; and

                     (b)  invite the person apparently responsible to send written submissions to the Panel, together with any supporting documents.

             (4)  This regulation applies despite the withdrawal of the complaint.

42ZCAI  Action that Panel may take

             (1)  If, in relation to a complaint about an advertisement, the Panel is satisfied that there has been a contravention of the Act, these Regulations or the Therapeutic Goods Advertising Code, the Panel may request in writing the person apparently responsible to do one or more of the following:

                     (a)  withdraw the advertisement;

                     (b)  publish a retraction;

                     (c)  publish a correction;

                     (d)  withdraw a particular claim or representation made by the advertisement, and give the Panel a written undertaking not to use that claim or representation in any other advertisement unless the person apparently responsible satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, these Regulations or the Therapeutic Goods Advertising Code.

             (2)  If, in relation to a complaint about generic information, the Panel is satisfied that there has been a contravention of the Act, these Regulations or the Therapeutic Goods Advertising Code, the Panel may request in writing the person apparently responsible to do one or more of the following:

                     (a)  withdraw the generic information;

                     (b)  publish a retraction;

                     (c)  publish a correction;

                     (d)  withdraw a particular claim or representation made by the generic information, and give the Panel a written undertaking not to use that claim or representation in any other generic information unless the person apparently responsible satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, these Regulations or the Therapeutic Goods Advertising Code.

             (3)  If the person apparently responsible:

                     (a)  does not comply with a request under subregulation (1) or (2) within 14 days after the request is made; or

                     (b)  breaches an undertaking given under paragraph (1)(d) or (2)(d);

                   the Panel may make a recommendation to the Secretary about the advertisement or generic information.

             (4)  Without limiting subregulation (3), the Panel may recommend that the Secretary do one or more of the following:

                     (a)  if the advertisement is an approved advertisement—withdraw the approval of the advertisement;

                   (ab)  suspend the registration or listing of goods under subsection 29D(1) of the Act;

                     (b)  cancel the registration or listing of the goods under section 30 of the Act;

                   (ba)  order the withdrawal of the advertisement or generic information;

                     (c)  order the publication of a retraction;

                     (d)  order the publication of a correction;

                     (e)  order the recovery of any advertisement or generic information that is still in circulation;

                      (f)  order the destruction of the advertisement or generic information;

                     (g)  suspend a kind of medical device from the Register under Part 4‑6 of the Act;

                     (h)  cancel the entry of a kind of medical device from the Register under Part 4‑6 of the Act;

                      (i)  order that a particular claim or representation made by the advertisement or generic information be withdrawn, and not be used in any other advertisement or generic information unless the person apparently responsible satisfies the Panel that the use of the claim or representation would not result in a contravention of the Act, these Regulations or the Therapeutic Goods Advertising Code.

             (5)  The Panel must give written notice of a decision under subregulation (1) or (2), or a recommendation under subregulation (3), to the complainant (if known) and the person apparently responsible, setting out its reasons.

42ZCAJ  Dealing with complaint if court proceedings begun

             (1)  The Panel must not deal with a complaint if a proceeding has begun in a court about the subject matter of the complaint and the proceeding has not been finally disposed of.

             (2)  If, after a complaint has been made to the Panel, a proceeding begins in a court about the subject matter of the complaint, the Panel must not deal with the complaint until the proceeding is finally disposed of.

             (3)  However, subregulations (1) and (2) do not apply if the panel decides to deal with a complaint after taking into account the following matters:

                     (a)  whether either of the following would be unreasonably disadvantaged if the Panel were to deal with the complaint before the proceeding had been finally disposed of:

                              (i)  the person making the complaint (if known to the Panel);

                             (ii)  the person apparently responsible;

                     (b)  whether the complaint could be referred to another authority under regulation 42ZCAGA;

                     (c)  the public interest;

                     (d)  any other matter the Panel thinks relevant.

             (4)  If, after taking into account the matters mentioned in subregulation (3), the Panel decides to deal with a complaint, the Panel must give written notice of its decision to:

                     (a)  the person making the complaint (if known to the Panel); and

                     (b)  the person apparently responsible.

42ZCAK  Procedure generally

                   So far as these Regulations do not provide for the procedure of the Panel, the Panel may determine its own procedure.

42ZCAL  Register of complaints

             (1)  The Panel may publish, including on the Internet, a register of complaints and related information.

             (2)  The register may include copies of, and information about, the following:

                     (a)  complaints received by the Panel;

                     (b)  decisions made by the Panel under regulation 42ZCAD in relation to complaints;

                     (c)  action taken by the Panel under regulation 42ZCAI in relation to complaints;

                     (d)  statements of reasons given for decisions or action mentioned in paragraph (b) or (c);

                     (e)  any other information that the Panel considers appropriate.

Division 3A—Advisory Committee on Medicines Scheduling

Subdivision 3A.1—Preliminary

42ZCA  Definitions for Division 3A

                   In this Division:

appointed member means a member of the Committee appointed by the Minister under subregulation 42ZCD(1).

Committee means the Advisory Committee on Medicines Scheduling.

Note:         The Committee is established by section 52B of the Act.

Committee member means an appointed member or a nominated member.

nominated member means a member of the Committee nominated under subsection 52B(3) of the Act in accordance with regulation 42ZCE.

Subdivision 3A.2—Constitution of Committee

42ZCB  Membership of Committee

                   For subsection 52B(2) of the Act, the Committee is to be constituted in accordance with this Subdivision.

42ZCC  Committee members

             (1)  The Committee comprises each nominated member and no more than 6 appointed members.

             (2)  A Committee member must have expertise in at least one of the following fields:

                     (a)  the regulation of scheduled medicines in Australia;

                     (b)  toxicology or pharmacology;

                     (c)  clinical pharmacology;

                     (d)  pharmacy practice;

                     (e)  medical practice;

                      (f)  consumer health issues relating to the regulation of therapeutic goods;

                     (g)  industry issues relating to the regulation of therapeutic goods.

             (3)  Membership of the Committee must, to the extent reasonably practicable, represent the widest possible range of the fields mentioned in subregulation (2).

42ZCD  Appointed members

             (1)  An appointed member must be appointed in writing by the Minister.

             (2)  The term of an appointment of an appointed member is as specified in the instrument of appointment but must not be longer than 3 years.

             (3)  An appointed member must not be appointed for more than 3 consecutive terms.

42ZCE  Nominated members

             (1)  This regulation is made for subsection 52B(3) of the Act.

             (2)  A nomination must be in writing.

             (3)  The nomination must specify the term of the nominee’s membership of the Committee.

             (4)  The nominee becomes a member of the Committee when the nomination is given to the Minister.

             (5)  A nominated member stops being a member if:

                     (a)  the body that nominated the member gives the Minister written notice that the member’s nomination is withdrawn; or

                     (b)  the member, by written notice given to the Minister under subregulation 42ZCG(1), resigns from the Committee.

             (6)  The Commonwealth, each State, the Australian Capital Territory and the Northern Territory may, by written notice given to the Minister, nominate a member (the temporary nominee) to temporarily replace an existing member nominated by the Commonwealth, the State or Territory:

                     (a)  during a vacancy in the existing member’s office; or

                     (b)  during any period, or all periods, when the existing member is:

                              (i)  absent from duty or from Australia; or

                             (ii)  for any other reason unable to perform the functions of a nominated member.

             (7)  The temporary nominee becomes a member of the Committee, and the existing member stops being a member of the Committee:

                     (a)  when the circumstance giving rise to the temporary replacement commences; and

                     (b)  until that circumstance ends.

42ZCF  Appointment of the Chair and acting Chair

             (1)  The Minister must, in writing, appoint a Committee member to be the Chair of the Committee.

             (2)  The Chair is appointed for the term stated in the appointment but may be reappointed for further terms.

             (3)  The Minister may, in writing, appoint a Committee member to act as the Chair:

                     (a)  during a vacancy in the office of the Chair, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of the Chair.

Note:          Section 33A of the Acts interpretation Act 1901 sets out various matters about acting appointments, including how long a person can act in a vacant office.

42ZCG  Resignation or vacancy

             (1)  A Committee member or Chair may resign by giving written notice to the Minister.

             (2)  If the Chair ceases to be a Committee member, the position is taken to be vacant.

42ZCH  Termination of appointment

             (1)  The Minister may terminate an appointed member’s appointment on any of the following grounds:

                     (a)  physical or mental incapacity;

                     (b)  misbehaviour;

                     (c)  incompetence;

                     (d)  bankruptcy;

                     (e)  failing to comply with the disclosure of interest requirements mentioned in regulation 42ZCP.

             (2)  The Minister must terminate an appointed member’s appointment if:

                     (a)  the member is convicted of an offence punishable by imprisonment for at least 1 year; or

                     (b)  if the member is absent without leave of absence from 3 consecutive meetings of the Committee.

42ZCI  Leave of absence

             (1)  The Minister may grant leave of absence to the Chair.

             (2)  The Chair may grant leave of absence to a Committee member.

42ZCJ  Acting members

             (1)  The Minister may, in writing, appoint a person to act as an appointed member:

                     (a)  during a vacancy in the office of an appointed member, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when an appointed member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

             (2)  A person appointed to act as an appointed member must have the expertise required for a substantive member.

Note:          Section 33A of the Acts interpretation Act 1901 sets out various matters about acting appointments, including how long a person can act in a vacant office.

Subdivision 3A.3—Committee meetings

42ZCK  Committee meetings

                   For subsection 52B(2) of the Act, the Committee is to hold meetings in accordance with this Subdivision.

42ZCL  Meeting procedure

             (1)  The Chair of the Committee may give written notice to the Committee directing the Committee to hold meetings at the times and places, and to deal with the matters in the manner, stated in the notice.

             (2)  The procedure of a meeting must be determined by the Committee in accordance with this Subdivision.

             (3)  If the Chair of the Committee considers it appropriate and efficient in the circumstances, the Chair may direct the Committee to meet by video conference or teleconference or to meet out of session.

             (4)  At a meeting, the Committee:

                     (a)  must act with as little formality and as quickly as this Subdivision and a proper consideration of the issues before the Committee allow; and

                     (b)  is not bound by the rules of evidence; and

                     (c)  may obtain information about an issue in any way it considers appropriate; and

                     (d)  may receive information in any way it considers appropriate; and

                     (e)  must comply with any directions given, in writing, to the Committee by the Minister or the Secretary about the Committee’s performance of its functions (other than a direction about advice given or proposed to be given by the Committee).

             (5)  For this regulation:

out of session, in relation to a meeting, means a meeting in which the members take part by correspondence, email, telephone or in any other way that does not involve formal simultaneous meeting and voting.

42ZCM  Presiding member

             (1)  The Chair must preside at a Committee meeting at which he or she is present.

             (2)  If the Chair is unable to preside at a meeting, he or she must:

                     (a)  select a member of the Committee to preside at the meeting; and

                     (b)  advise the other Committee members of the selection.

             (3)  If the Chair is temporarily absent from a meeting, the member chosen by the Committee members present must preside at the meeting.

             (4)  A member presiding under subregulation (2) or (3) may exercise the powers and functions of the Chair.

42ZCN  Quorum

                   A quorum exists at a Committee meeting when at least two‑thirds of the Committee members are present.

42ZCO  Voting

             (1)  A decision made at a Committee meeting by a majority of the votes of the members present and voting is a decision of the Committee.

Note:          Decisions of the Committee relate to the recommendations and advice the Committee provides to the Secretary under subsection 52B(4) of the Act.

             (2)  The member presiding at a Committee meeting has a deliberative vote and, if the votes are equal, also has a casting vote.

42ZCP  Miscellaneous

Sitting fees and travel entitlements

             (1)  An appointed member is entitled to sitting fees and travel entitlements as determined by the Remuneration Tribunal.

When Committee may establish subcommittees

             (2)  The Committee, with the approval of the Secretary, may establish subcommittees, consisting of Committee members and other persons.

             (3)  The function of a subcommittee is to inquire into, and report to the Committee on, any matter referred to the subcommittee that is within the functions of the Committee.

Disclosure of interests

             (4)  A Committee member who is aware that he or she has a direct or indirect material personal interest (whether pecuniary or not) in a matter being considered or about to be considered at a meeting of the Committee must, without delay, disclose the nature of the interest at, or before, the meeting of the Committee.

             (5)  The disclosure must be recorded in the minutes of the meeting and the member must not, unless the Committee otherwise determines, either be present during any deliberation of the Committee about the matter or take part in any decision of the Committee about the matter.

             (6)  When the Committee is making a determination about a member who has made a disclosure, the member, and any other member who has a direct or indirect material personal interest (whether pecuniary or not) in the matter to which the disclosure relates, must not be present during any deliberation of the Committee and must not take part in making the determination.

             (7)  A member of a subcommittee appointed by the Committee, who is aware that he or she has a direct or indirect material personal interest (whether pecuniary or not) in a matter being considered, or about to be considered, at a meeting of the subcommittee must, without delay, disclose the nature of the interest at, or before, the meeting of the subcommittee.

Seeking and providing further advice

             (8)  Any advice or recommendation given by the Committee to the Secretary may be given to another committee established under the Act or these Regulations for the advice of that committee.

             (9)  In performing its functions, the Committee may seek advice from other persons.

Validity of acts of members

           (10)  Anything done by a person purporting to be, or purporting to act as, a Committee member (including the Chair) is not invalid because:

                     (a)  the person had not yet been appointed; or

                     (b)  there is a defect or irregularity in connection with the person’s appointment; or

                     (c)  the person’s appointment had ceased to have effect.

Records and reports

           (11)  The Committee must keep a record of its proceedings, and must prepare any other report about its activities that is requested by the Minister or the Secretary.

Publication

           (12)  The Committee must publish details of any recommendations it makes.

Division 3B—Advisory Committee on Chemicals Scheduling

Subdivision 3B.1—Preliminary

42ZCQ  Definitions for Division 3B

                   In this Division:

appointed member means a member of the Committee appointed by the Minister under subregulation 42ZCT(1).

Committee means the Advisory Committee on Chemicals Scheduling.

Note:          The Committee is established by section 52C of the Act.

Committee member means an appointed member or a nominated member.

nominated member means a member of the Committee nominated under subsection 52C(3) of the Act in accordance with regulation 42ZCU.

Subdivision 3B.2—Constitution of Committee

42ZCR  Membership of Committee

                   For subsection 52C(2) of the Act, the Committee is to be constituted in accordance with this Subdivision.

42ZCS  Committee members

             (1)  The Committee comprises each nominated member and no more than 6 appointed members.

             (2)  A Committee member must have expertise in at least one of the following fields:

                     (a)  the regulation of scheduled chemicals in Australia;

                     (b)  veterinary medicine or veterinary pathology;

                     (c)  toxicology;

                     (d)  industrial or domestic chemicals;

                     (e)  agricultural or veterinary chemicals;

                      (f)  clinical aspects of human poisoning;

                     (g)  occupational health, particularly as a medical practitioner;

                     (h)  consumer health issues relating to the regulation of chemicals;

                      (i)  industry issues relating to the regulation of chemicals.

             (3)  Membership of the Committee must, to the extent reasonably practicable, represent the widest possible range of the fields mentioned in subregulation (2).

42ZCT  Appointed members

             (1)  An appointed member must be appointed in writing by the Minister.

             (2)  The term of an appointment of an appointed member is as specified in the instrument of appointment but must not be longer than 3 years.

             (3)  An appointed member must not be appointed for more than 3 consecutive terms.

42ZCU  Nominated members

             (1)  This regulation is made for subsection 52C(3) of the Act.

             (2)  A nomination must be in writing.

             (3)  The nomination must specify the term of the nominee’s membership of the Committee.

             (4)  The nominee becomes a member of the Committee when the nomination is given to the Minister.

             (5)  A nominated member stops being a member if:

                     (a)  the body that nominated the member gives the Minister written notice that the member’s nomination is withdrawn; or

                     (b)  the member, by written notice given to the Minister under subregulation 42ZCW(1), resigns from the Committee.

             (6)  The Commonwealth, each State, the Australian Capital Territory and the Northern Territory may, by written notice given to the Minister, nominate a member (the temporary nominee) to temporarily replace an existing member nominated by the Commonwealth, the State or Territory:

                     (a)  during a vacancy in the existing member’s office; or

                     (b)  during any period, or all periods, when the existing member is:

                              (i)  absent from duty or from Australia; or

                             (ii)  for any other reason unable to perform the functions of a nominated member.

             (7)  The temporary nominee becomes a member of the Committee, and the existing member stops being a member of the Committee:

                     (a)  when the circumstance giving rise to the temporary replacement commences; and

                     (b)  until that circumstance ends.

42ZCV  Appointment of the Chair and acting Chair

             (1)  The Minister must, in writing, appoint a Committee member to be the Chair of the Committee.

             (2)  The Chair is appointed for the term stated in the appointment but may be reappointed for further terms.

             (3)  The Minister may, in writing, appoint a Committee member to act as the Chair:

                     (a)  during a vacancy in the office of the Chair, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of the Chair.

Note:          Section 33A of the Acts interpretation Act 1901 sets out various matters about acting appointments, including how long a person can act in a vacant office.

42ZCW  Resignation or vacancy

             (1)  A Committee member or Chair may resign by giving written notice to the Minister.

             (2)  If the Chair ceases to be a Committee member, the position is taken to be vacant.

42ZCX  Termination of appointment

             (1)  The Minister may terminate an appointed member’s appointment on any of the following grounds:

                     (a)  physical or mental incapacity;

                     (b)  misbehaviour;

                     (c)  incompetence;

                     (d)  bankruptcy;

                     (e)  failing to comply with the disclosure of interest requirements mentioned in regulation 42ZCZF.

             (2)  The Minister must terminate an appointed member’s appointment if:

                     (a)  the member is convicted of an offence punishable by imprisonment for at least 1 year; or

                     (b)  if the member is absent without leave of absence from 3 consecutive meetings of the Committee.

42ZCY  Leave of absence

             (1)  The Minister may grant leave of absence to the Chair.

             (2)  The Chair may grant leave of absence to a Committee member.

42ZCZ  Acting members

             (1)  The Minister may, in writing, appoint a person to act as an appointed member:

                     (a)  during a vacancy in the office of an appointed member, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when an appointed member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

             (2)  A person appointed to act as an appointed member must have the expertise required for a substantive member.

Note:          Section 33A of the Acts interpretation Act 1901 sets out various matters about acting appointments, including how long a person can act in a vacant office.

Subdivision 3B.3—Committee meetings

42ZCZA  Committee meetings

                   For subsection 52C(2) of the Act, the Committee is to hold meetings in accordance with this Subdivision.

42ZCZB  Meeting procedure—general

             (1)  The Chair of the Committee may give written notice to the Committee directing the Committee to hold meetings at the times and places, and to deal with the matters in the manner, stated in the notice.

             (2)  The procedure of a meeting must be determined by the Committee in accordance with this Subdivision.

             (3)  If the Chair of the Committee considers it appropriate and efficient in the circumstances, the Chair may direct the Committee to meet by video conference or teleconference or to meet out of session.

             (4)  At a meeting, the Committee:

                     (a)  must act with as little formality and as quickly as this Subdivision and a proper consideration of the issues before the Committee allow; and

                     (b)  is not bound by the rules of evidence; and

                     (c)  may obtain information about an issue in any way it considers appropriate; and

                     (d)  may receive information in any way it considers appropriate; and

                     (e)  must comply with any directions given, in writing, to the Committee by the Minister or the Secretary about the Committee’s performance of its functions (other than a direction about advice given or proposed to be given by the Committee).

             (5)  For this regulation:

out of session, in relation to a meeting, means a meeting in which the members take part by correspondence, email, telephone or in any other way that does not involve formal simultaneous meeting and voting.

42ZCZC  Presiding member

             (1)  The Chair must preside at a Committee meeting at which he or she is present.

             (2)  If the Chair is unable to preside at a meeting, he or she must:

                     (a)  select a member of the Committee to preside at the meeting; and

                     (b)  advise the other Committee members of the selection.

             (3)  If the Chair is temporarily absent from a meeting, the member chosen by the Committee members present must preside at the meeting.

             (4)  A member presiding under subregulation (2) or (3) may exercise the powers and functions of the Chair.

42ZCZD  Quorum

                   A quorum exists at a Committee meeting when at least two‑thirds of the Committee members are present.

42ZCZE  Voting

             (1)  A decision made at a Committee meeting by a majority of the votes of the members present and voting is a decision of the Committee.

Note:          Decisions of the Committee relate to the recommendations and advice the Committee provides to the Secretary under subsection 52C(4) of the Act.

             (2)  The member presiding at a Committee meeting has a deliberative vote and, if the votes are equal, also has a casting vote.

42ZCZF  Miscellaneous

Sitting fees and travel entitlements

             (1)  An appointed member is entitled to sitting fees and travel entitlements as determined by the Remuneration Tribunal.

When Committee may establish subcommittees

             (2)  The Committee, with the approval of the Secretary, may establish subcommittees, consisting of Committee members and other persons.

             (3)  The function of the subcommittee is to inquire into, and report to the Committee on, any matter referred to the subcommittee that is within the functions of the Committee.

Disclosure of interests

             (4)  A Committee member who is aware that he or she has a direct or indirect material personal interest (whether pecuniary or not) in a matter being considered or about to be considered at a meeting of the Committee must, without delay, disclose the nature of the interest at, or before, the meeting of the Committee.

             (5)  The disclosure must be recorded in the minutes of the meeting and the member must not, unless the Committee otherwise determines, either be present during any deliberation of the Committee about the matter or take part in any decision of the Committee about the matter.

             (6)  When the Committee is making a determination about a member who has made a disclosure, the member, and any other member who has a direct or indirect material personal interest (whether pecuniary or not) in the matter to which the disclosure relates, must not be present during any deliberation of the Committee and must not take part in making the determination.

             (7)  A member of a subcommittee appointed by the Committee, who is aware that he or she has a direct or indirect material personal interest (whether pecuniary or not) in a matter being considered, or about to be considered, at a meeting of the subcommittee must, without delay, disclose the nature of the interest at, or before, the meeting of the subcommittee.

Seeking and providing further advice

             (8)  Any advice or recommendation given by the Committee to the Secretary may be given to another committee established under the Act or these Regulations for the advice of that committee.

             (9)  In performing its functions, the Committee may seek advice from other persons.

Validity of acts of members

           (10)  Anything done by a person purporting to be, or purporting to act as, a Committee member (including the Chair) is not invalid because:

                     (a)  the person had not yet been appointed; or

                     (b)  there is a defect or irregularity in connection with the person’s appointment; or

                     (c)  the person’s appointment had ceased to have effect.

Records and reports

           (11)  The Committee must keep a record of its proceedings, and must prepare any other report about its activities that is requested by the Minister or the Secretary.

Publication

           (12)  The Committee must publish details of any recommendations it makes.

Division 3C—Joint meetings

42ZCZG  Joint meetings

                   For section 52CA of the Act, the Advisory Committee on Medicines Scheduling and the Advisory Committee on Chemicals Scheduling may hold joint meetings in accordance with this Division.

42ZCZH  Procedure for joint meetings

             (1)  The Secretary may, if the Secretary considers it appropriate to do so, give written notice to the Committee members of both Committees directing the Committees to hold a joint meeting at the time and place, and to deal with the matters in the manner, stated in the notice.

             (2)  At a joint meeting, the Committee members present at the meeting must vote on which Chair (or presiding member) is to be the Chair of the joint meeting.

             (3)  For the purpose of choosing a Chair, a Committee member may cast one vote in respect of each Committee of which he or she is a member.

             (4)  There is a quorum at a joint meeting if there is a quorum for each Committee.

             (5)  At a joint meeting:

                     (a)  decisions are to be made by a majority of the votes cast by the members present and voting; and

                     (b)  each member has one vote in respect of each Committee of which he or she is a member.

             (6)  A decision made at a joint meeting is taken to be a decision of each Committee for the purposes of any advice or recommendation provided to the Secretary by either Committee.

Note:          Decisions at a joint meeting relate to the recommendations and advice a Committee may provide to the Secretary under subsections 52B(4) and 52C(4) of the Act.

             (7)  Each Committee must keep a record of the proceedings of the joint meeting.

Division 3D—Procedure for amending the current Poisons Standard

Subdivision 3D.1—Preliminary

42ZCZI  Definitions for Division 3D

                   In this Division:

business day means a day that is not a Saturday, Sunday or public holiday in the Australian Capital Territory.

Committee member means a member of:

                     (a)  the Advisory Committee on Medicines Scheduling; or

                     (b)  the Advisory Committee on Chemicals Scheduling.

expert advisory committee means:

                     (a)  the Advisory Committee on Medicines Scheduling; or

                     (b)  the Advisory Committee on Chemicals Scheduling; or

                     (c)  the Advisory Committee on Medicines Scheduling and the Advisory Committee on Chemicals Scheduling in joint session.

first closing date has the meaning given by paragraph 42ZCZK(1)(d).

interim decision means:

                     (a)  in Subdivision 3D.2—a decision of the Secretary under regulation 42ZCZN; and

                     (b)  in Subdivision 3D.3—a decision of the Secretary under paragraph 42ZCZV(a).

proposed amendment means a proposal to amend the current Poisons Standard under subsection 52D(2) of the Act on the Secretary’s own initiative or in response to an application under section 52EAA of the Act.

public submission means a submission under this Division by a person who is not a Committee member.

relevant submission has the meaning given by paragraph 42ZCZQ(1)(a).

second closing date has the meaning given by paragraph 42ZCZP(c).

Note:          For current Poisons Standard see s 52A of the Act.

Subdivision 3D.2—Procedure if proposed amendment referred to expert advisory committee

42ZCZJ  Application

             (1)  For subsection 52D(2) of the Act, this Subdivision sets out the procedure that is to be followed in amending the current Poisons Standard:

                     (a)  if:

                              (i)  a person applies to the Secretary under section 52EAA of the Act to amend the current Poisons Standard; and

                             (ii)  the Secretary decides to refer the proposed amendment to an expert advisory committee; or

                     (b)  if the Secretary decides:

                              (i)  to amend the current Poisons Standard on his or her own initiative; and

                             (ii)  to refer the proposed amendment to an expert advisory committee.

Note:          This Subdivision does not limit the way the Secretary may exercise a power under subsection 52D(2) of the Act in other circumstances.

42ZCZK  Proposed amendment to be referred to expert advisory committee

             (1)  The Secretary must publish, in a manner the Secretary considers appropriate, a notice:

                     (a)  specifying the expert advisory committee to which the proposed amendment will be referred; and

                     (b)  specifying the date of the meeting of the committee; and

                     (c)  setting out details of the proposed amendment; and

                     (d)  inviting public submissions to be made to the committee by a date mentioned in the notice as the closing date for public submissions (the first closing date).

             (2)  The first closing date must be at least 20 business days after publication of the notice.

             (3)  The date of the meeting must be at least 10 business days after the first closing date.

42ZCZL  Consideration of public submissions

             (1)  At a meeting of an expert advisory committee to consider the proposed amendment, the committee must consider all public submissions received by the first closing date that:

                     (a)  address a matter mentioned in section 52E of the Act; and

                     (b)  are relevant to the proposed amendment.

             (2)  The committee is not required to consider a public submission received after the first closing date.

             (3)  Subject to subregulation (4), the Secretary must publish, in a manner the Secretary considers appropriate, all public submissions received on or before the first closing date.

             (4)  The Secretary must not publish any information that the Secretary considers to be confidential information.

42ZCZM  Committee to advise Secretary

                   After consideration of any public submissions received, the expert advisory committee must provide advice or a recommendation to the Secretary in relation to the proposed amendment.

42ZCZN  Interim decision of Secretary

                   After considering the advice or recommendation of the expert advisory committee, the Secretary must, subject to regulation 42ZCZO, make an interim decision in relation to the proposed amendment.

42ZCZO  Secretary may make final decision if no interim decision required

             (1)  The Secretary may make a final decision without making an interim decision if no public submissions are received in response to an invitation under paragraph 42ZCZK(1)(d).

             (2)  The Secretary must comply with regulation 42ZCZS after making the final decision.

42ZCZP  Call for further submissions

                   As soon as practicable after making the interim decision, the Secretary must publish, in a manner the Secretary considers appropriate, a notice:

                     (a)  setting out the interim decision and the reasons for making the interim decision; and

                     (b)  if the interim decision is to amend the current Poisons Standard—specifying the proposed date of effect of the proposed amendment; and

                     (c)  inviting persons who made a submission in response to the original invitation under paragraph 42ZCZK(1)(d) to make further submissions to the Secretary in relation to the interim decision within 10 business days after publication of the notice (the second closing date); and

                     (d)  if the interim decision is in response to an application made under section 52EAA—inviting the person who made the application to make a submission in relation to the interim decision by the second closing date.

42ZCZQ  Reconsideration of interim decision

             (1)  If the Secretary receives further submissions on or before the second closing date, the Secretary must, as soon as practicable after the second closing date:

                     (a)  consider all public submissions (the relevant submissions) made by the second closing date that:

                              (i)  address a matter mentioned in section 52E of the Act; and

                             (ii)  are relevant to the Secretary’s interim decision; and

                     (b)  reconsider the interim decision in light of those submissions and any advice received in response to a request under paragraph (2)(a).

             (2)  In reconsidering the interim decision, the Secretary:

                     (a)  may request advice from any committee or any person; and

                     (b)  is not required to engage in further public consultation.

             (3)  The Secretary need not consider a public submission made after the second closing date.

             (4)  Subject to subsection (5), the Secretary must publish, in a manner the Secretary considers appropriate, all relevant submissions.

             (5)  The Secretary must not publish any information that the Secretary considers to be confidential information.

42ZCZR  Final decision if there is an interim decision

                   The Secretary may make a final decision by confirming, varying or setting aside the interim decision only:

                     (a)  after considering all relevant submissions and any advice received in response to a request under paragraph 42ZCZQ(2)(a); or

                     (b)  if there are no such submissions or advice.

42ZCZS  Publication of final decision

                   After making a final decision under regulation 42ZCZR or 42ZCZO, the Secretary must:

                     (a)  publish, in a manner that the Secretary considers appropriate:

                              (i)  the decision; and

                             (ii)  the reasons for the decision; and

                            (iii)  the date of effect of the decision; and

                     (b)  if the decision is to amend the current Poisons Standard—make the amendment.

Note:          The Secretary must comply with section 52E of the Act when amending the current Poisons Standard.

Subdivision 3D.3—Procedure if proposed amendments not referred to expert advisory committee

42ZCZT  Application

                   This Subdivision applies if the Secretary:

                     (a)  receives an application under section 52EAA of the Act to amend the current Poisons Standard; and

                     (b)  decides not to refer the proposed amendment to an expert advisory committee.

Note:          This Subdivision does not limit the way the Secretary may exercise a power under subsection 52D(2) of the Act in other circumstances.

42ZCZU  Final decision without interim decision

             (1)  If the Secretary decides to amend the current Poisons Standard in the manner set out in the application, the Secretary may make a final decision without making an interim decision.

             (2)  The Secretary must comply with regulation 42ZCZX after making the final decision.

42ZCZV  Interim decision required if Secretary decides not to amend as requested

                   If the Secretary decides not to amend the current Poisons Standard in the manner set out in the application, the Secretary must:

                     (a)  make an interim decision on the application having regard to the information provided by the applicant; and

                     (b)  give the applicant a written notice:

                              (i)  setting out the interim decision and the reasons for the decision; and

                             (ii)  advising the applicant that he or she may, within the period specified in the notice (not being less than 10 business days after the date of the notice), make a written submission to the Secretary about the interim decision.

42ZCZW  Final decision if there is interim decision

                   If the Secretary makes an interim decision on the application, the Secretary may make a final decision on the application by confirming, varying or setting aside the interim decision only:

                     (a)  after considering any submission provided by the applicant within the time specified in the notice under paragraph 42ZCZV(b); or

                     (b)  if no submission is received from the applicant within that time.

42ZCZX  Publication of final decision

                   After making a final decision under regulation 42ZCZU or 42ZCZW, the Secretary must:

                     (a)  publish, in a manner that the Secretary considers appropriate:

                              (i)  the decision; and

                             (ii)  the reasons for the decision; and

                            (iii)  the date of effect of the decision; and

                     (b)  if the decision is to amend the current Poisons Standard—make the amendment.

Note:          The Secretary must comply with section 52E of the Act when 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

Subdivision 1—Preliminary

43AAA  Meaning of turnover and when turnover is of low value

             (1)  For this Division (other than Subdivision 3) and subject to regulation 43AABB, a person’s turnover of therapeutic goods for a financial year is of low value if the turnover is $0.

             (2)  For this Division (other than Subdivision 3) and subject to regulation 43AABB:

                     (a)  a person’s turnover of therapeutic goods for a financial year commencing on or after 1 July 2015 is the gross amount (in dollars) received (excluding GST) from sales (whether direct or indirect) of the goods in Australia by the person for the financial year; and

                     (b)  a person’s turnover of therapeutic goods (other than a biological) for a financial year commencing before 1 July 2015 is the person’s turnover, as defined by regulation 43AAB of these Regulations as in force immediately before 1 July 2015, for the goods.

Subdivision 1A—Time for payment of certain annual charges

43AAB  Time for payment of certain annual charges

Entry of goods in Register commencing in financial year

             (1)  For paragraph 44(1)(a) of the Act, an annual registration charge, annual listing charge or annual charge for inclusion in the Register for a financial year becomes payable:

                     (a)  if the person who is liable to pay the charge notifies the Secretary, under regulation 43AAF or 43AAGE, that the person’s turnover of the therapeutic goods concerned for the financial year will not be of low value—on the last day of the month commencing after the month in which the notification was given; or

                     (b)  if the person who is liable to pay the charge does not give the Secretary a declaration relating to the person’s turnover of the therapeutic goods concerned for the financial year, in accordance with whichever of regulation 43AAC, 43AAD, 43AAGB or 43AAGC is applicable—on 15 September in the next financial year.

Entry of goods in Register commencing before start of financial year

             (2)  For subparagraph 44(1)(b)(ii) of the Act, an annual registration charge, annual listing charge or annual charge for inclusion in the Register for a financial year becomes payable on 15 September in that year.

Note 1:       A person is not liable to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register for a financial year if:

(a)    the person is exempt from liability to pay the charge for that financial year under Subdivision 2; or

(b)    the Secretary has waived the charge for that financial year under regulation 43AAH.

Note 2:       This regulation is subject to subsection 44(3) of the Act. That subsection provides that the Secretary may, by notice in writing given to a person, specify a later day on which a charge becomes payable by the person for a financial year.

Subdivision 2—Exemption from liability to pay certain annual charges—therapeutic goods other than IVD devices

43AAAA  Application

                   This Subdivision does not apply to IVD devices.

43AABA  Purpose of this Subdivision

                   For section 44A of the Act, this Subdivision makes provision for and in relation to exempting a person in relation to whom therapeutic goods (other than an IVD device) are registered, listed or included in the Register at any time in a financial year from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods for the financial year, if the person’s turnover of the goods for the financial year is of low value.

43AABB  Exemption from liability to pay certain annual charges—2014‑15 financial year—goods entered on Register on or after 1 May 2015 and on or before 30 June 2015

             (1)  This regulation applies in relation to therapeutic goods (other than a biological) that are registered, listed or included in the Register, if the registration, listing or inclusion commenced on or after 1 May 2015 and on or before 30 June 2015.

             (2)  The person in relation to whom the goods are registered, listed or included in the Register is taken to have been granted, under Subdivision 2 of Division 1 of Part 7 of these Regulations as in force immediately before 1 July 2015, an exemption from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods for the financial year commencing on 1 July 2014, on the ground that the turnover of the goods for that financial year was a low value turnover.

             (3)  For this regulation, the following expressions have the meaning given by regulation 43AAB of these Regulations, as in force immediately before 1 July 2015:

                     (a)  low value turnover;

                     (b)  turnover.

43AAC  Exemption from liability to pay certain annual charges—2015‑16 financial year

Therapeutic goods other than biologicals

             (1)  A person in relation to whom therapeutic goods (other than a biological) are registered, listed or included in the Register at any time in the financial year commencing on 1 July 2015 (the 2015‑16 financial year) is exempt from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods for the 2015‑16 financial year if the requirements in subregulation (2), (3), (4), (5), (5A) or (5B) are met.

Entry of goods in Register commencing in 2015‑2016 financial year

             (2)  The requirements in this subregulation are met if:

                     (a)  the registration, listing or inclusion in the Register of the goods commenced in the 2015‑16 financial year; and

                     (b)  the person’s turnover of the goods for the 2015‑16 financial year is of low value; and

                     (c)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the goods for the 2015‑16 financial year was of low value.

Entry of goods in Register commencing on or after 1 May 2015 and on or before 30 June 2015

             (3)  The requirements in this subregulation are met if:

                     (a)  the registration, listing or inclusion in the Register of the goods commenced on or after 1 May 2015 and on or before 30 June 2015; and

                     (b)  the person is taken, under regulation 43AABB, to have been granted an exemption from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods for the financial year commencing on 1 July 2014 (the 2014‑15 financial year); and

                     (c)  the person’s turnover of the goods for the 2014‑15 financial year was of low value; and

                     (d)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the goods for the 2014‑15 financial year was of low value; and

                     (e)  the person’s turnover of the goods for the 2015‑16 financial years was of low value; and

                      (f)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the goods for the 2015‑16 financial year was of low value.

Entry of goods in Register commencing on or after 1 July 2014 and on or before 30 April 2015

             (4)  The requirements in this subregulation are met if:

                     (a)  the registration, listing or inclusion in the Register of the goods commenced on or after 1 July 2014 and on or before 30 April 2015; and

                     (b)  either:

                              (i)  the person had been granted an exemption, under Subdivision 2 of Division 1 of Part 7 of these Regulations as in force immediately before 1 July 2015, from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods for the 2014‑15 financial year; or

                             (ii)  before 1 July 2015, the Finance Minister, under paragraph 63(1)(a) of the Public Governance, Performance and Accountability Act 2013, authorised the waiver of an annual registration charge, an annual listing charge or an annual charge for inclusion in the Register in respect of the goods for the 2014‑15 financial year; and

                     (c)  the person’s turnover of the goods for the 2014‑15 financial was of low value; and

                     (d)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the goods for the 2014‑15 financial year was of low value; and

                     (e)  the person’s turnover of the goods for the 2015‑16 financial years was of low value; and

                      (f)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the goods for the 2015‑16 financial year was of low value.

Entry of goods in Register commencing on or before 30 June 2014

             (5)  The requirements in this subregulation are met if:

                     (a)  the registration, listing or inclusion in the Register of the goods commenced on or before 30 June 2014; and

                     (b)  for each financial year commencing on or after 1 July 2013 and ending on or before 30 June 2015, either:

                              (i)  the person had been granted an exemption, under Subdivision 2 of Division 1 of Part 7 of these Regulations as in force immediately before 1 July 2015, from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods for that financial year; or

                             (ii)  before 1 July 2015, the Finance Minister, under paragraph 63(1)(a) of the Public Governance, Performance and Accountability Act 2013, authorised the waiver of an annual registration charge, an annual listing charge or an annual charge for inclusion in the Register in respect of the goods for that financial year; and

                     (c)  the person’s turnover of the goods for each financial year referred to in paragraph (b) was of low value; and

                     (d)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the goods for each financial year referred to in paragraph (b) was of low value; and

                     (e)  the person’s turnover of the goods for the 2015‑16 financial years was of low value; and

                      (f)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the goods for the 2015‑16 financial year was of low value.

Inclusion in Register of certain joint replacement medical devices on or after 1 July 2014 and on or before 30 June 2015

          (5A)  The requirements in this subregulation are met if:

                     (a)  the therapeutic goods are a joint replacement medical device; and

                     (b)  the inclusion in the Register of the joint replacement medical device as a Class III medical device commenced on or after 1 July 2014 and on or before 30 June 2015; and

                     (c)  the medical device is covered by subregulation 11.22(3) of the Therapeutic Goods (Medical Devices) Regulations 2002; and

                     (d)  the person’s turnover of the medical device for the 2014‑15 financial year was of low value; and

                     (e)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the medical device for the 2014‑15 financial year was of low value; and

                      (f)  the person’s turnover of the medical device for the 2015‑16 financial year was of low value; and

                     (g)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the medical device for the 2015‑16 financial year was of low value.

Inclusion in Register of certain joint replacement medical devices on or before 30 June 2014

          (5B)  The requirements in this subregulation are met if:

                     (a)  the therapeutic goods are a joint replacement medical device; and

                     (b)  the inclusion in the Register of the joint replacement medical device as a Class III medical device commenced on or before 30 June 2014; and

                     (c)  the medical device is covered by subregulation 11.22(3) of the Therapeutic Goods (Medical Devices) Regulations 2002; and

                     (d)  the person’s turnover of the medical device for each financial year commencing on or after 1 July 2013 and ending on or before 30 June 2015 year was of low value; and

                     (e)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the medical device for each financial year referred to in paragraph (d) was of low value; and

                      (f)  the person’s turnover of the medical device for the 2015‑16 financial year was of low value; and

                     (g)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the medical device for the 2015‑16 financial year was of low value.

Biologicals

             (6)  A person in relation to whom a biological is included in the Register at any time in the 2015‑16 financial year is exempt from liability to pay an annual charge for inclusion of the biological in the Register for the 2015‑16 financial year if:

                     (a)  the inclusion of the biological in the Register commenced in the 2015‑16 financial year; and

                     (b)  the person’s turnover of the goods for the 2015‑16 financial year is of low value; and

                     (c)  the person gives the Secretary, on or before 22 July 2016, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the goods for the 2015‑16 financial year was of low value.

Note 1:       See regulation 43AAA for the meaning of turnover and when turnover is of low value.

Note 2:       A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).

Note 3:       If a person is not exempt from liability to pay an annual charge for the 2015‑16 financial year only because the person did not give the Secretary the declaration, or declarations, relating to turnover in accordance with this regulation, the person may be exempt from liability to pay the charge for the 2015‑16 financial year under regulation 43AAE.

Note 4:       If a person becomes aware during the 2015‑16 financial year that the person’s turnover of the goods for that year will not be of low value, the person may notify the Secretary of that fact under regulation 43AAF.

Note 5:       If the Secretary becomes aware that a person’s turnover of the goods, for a financial year for which a declaration was given under this regulation, was not of low value, the Secretary may, under regulation 43AAG, notify the person that the person is liable to pay the charge for the 2015‑16 financial year.

43AAD  Exemption from liability to pay certain annual charges—financial years commencing on or after 1 July 2016

                   A person in relation to whom therapeutic goods are registered, listed or included in the Register at any time in a financial year commencing on or after 1 July 2016 (the current financial year) is exempt from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods for the current financial year if the following requirements are met:

                     (a)  either:

                              (i)  the person was exempt from liability to pay the charge in respect of the goods for the immediately preceding financial year; or

                             (ii)  the registration, listing or inclusion in the Register of the goods commenced in the current financial year;

                     (b)  the person’s turnover of the goods for the current financial year is of low value;

                     (c)  the person gives the Secretary, on or before 22 July of the next financial year, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the goods for the current financial year was of low value.

Note 1:       See regulation 43AAA for the meaning of turnover and when turnover is of low value.

Note 2:       A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).

Note 3:       If a person is not exempt from liability to pay an annual charge for the current financial year only because the person did not give the Secretary the declaration relating to turnover in accordance with this regulation, the person may be exempt from liability to pay the charge for the current financial year under regulation 43AAE.

Note 4:       If a person becomes aware during the current financial year that the person’s turnover of the goods for that year will not be of low value, the person may notify the Secretary of that fact under regulation 43AAF.

Note 5:       If the Secretary becomes aware that a person’s turnover of the goods for the current financial year was not of low value, the Secretary may, under regulation 43AAG, notify the person that the person is liable to pay the charge for the current financial year.

43AAE  Exemption from liability to pay certain annual charges—late notice that turnover was of low value

             (1)  This regulation applies if a person would have been exempt from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of therapeutic goods for a financial year commencing on or after 1 July 2015 (the relevant financial year), except that the person did not give the Secretary a declaration, or declarations, relating to the person’s turnover of the goods in accordance with whichever of regulation 43AAC or 43AAD was applicable.

             (2)  The person may, on or before 15 September in the next financial year, give the Secretary, in writing:

                     (a)  a notice stating the reasons why the person was not able to give the Secretary the declaration, or declarations, in accordance with whichever of regulation 43AAC or 43AAD was applicable for the relevant financial year; and

                     (b)  a declaration stating that the person’s turnover of the goods for the relevant financial year was of low value; and

                     (c)  if the relevant financial year is the year commencing on 1 July 2015—a declaration in accordance with whichever of paragraph 43AAC(3)(d), (4)(d), (5)(d), (5A)(e) or (5B)(e) was applicable.

Note:          A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).

             (3)  The documents given under subregulation (2) must be accompanied by the fee payable.

             (4)  The person is exempt from liability to pay the charge for the relevant financial year if the person gives the Secretary, on or before 15 September in the next financial year:

                     (a)  the notice referred to in paragraph (2)(a); and

                     (b)  the declaration referred to in paragraph (2)(b); and

                     (c)  if the relevant financial year is the year commencing on 1 July 2015—the declaration referred to in paragraph (2)(c); and

                     (d)  the fee referred to in subregulation (3).

             (5)  If the person is exempt from liability to pay the charge for the relevant financial year under subregulation (4), the Secretary must give the person a written notice stating that the person is exempt from liability to pay the charge for the relevant financial year.

             (6)  If the person gives the Secretary documents other than in accordance with subregulation (2), or the documents were not accompanied by the fee referred to in subregulation (3), the Secretary must give the person a written notice that:

                     (a)  states that the person is liable to pay the charge for the relevant financial year; and

                     (b)  states the reason why the person is not exempt from liability to pay the charge for the relevant financial year, being whichever of the following is applicable in the circumstances:

                              (i)  the person did not give the documents to the Secretary by the required date;

                             (ii)  one or more of the documents given was not in accordance with paragraph (2)(a) or (b) or, if applicable, paragraph (2)(c);

                            (iii)  the documents were not accompanied by the correct fee; and

                     (c)  specifies the date on which the charge for the relevant financial year becomes payable.

43AAF  Person may notify Secretary that turnover of goods for financial year will not be of low value

             (1)  This regulation applies in relation to the following:

                     (a)  therapeutic goods that are registered, listed or included in the Register at any time in a financial year commencing on or after 1 July 2015 (the current financial year) if the registration, listing or inclusion commenced in the current financial year;

                     (b)  therapeutic goods (other than a biological) that are registered, listed or included in the Register at any time in a financial year commencing on or after 1 July 2015 (the current financial year) if the person in relation to whom the goods are registered, listed or included in the Register was exempt from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods for the immediately preceding financial year;

                     (c)  a biological that is included in the Register at any time in a financial year commencing on or after 1 July 2016 (the current financial year) if the person in relation to whom the biological is included in the Register was exempt from liability to pay an annual charge for inclusion of the biological in the Register for the immediately preceding financial year.

             (2)  If the person in relation to whom the goods are registered, listed or included in the Register becomes aware during the current financial year that the person’s turnover of the goods for that year will not be of low value, the person may notify the Secretary, in a form or a manner approved by the Secretary, of that fact.

             (3)  As soon as practicable after receiving a notification from a person under subregulation (2), the Secretary must give the person a written notice that specifies the date on which the charge for the current financial year becomes payable.

Note:          If the registration, listing or inclusion in the Register of the goods commenced in the current financial year, the date must be the last day of the month commencing after the month in which the notification under subregulation (2) was given (see paragraph 43AAB(1)(a)).

43AAG  Secretary may notify person that annual charge is payable if turnover is not of low value

Goods entered in Register at any time in 2015‑16 financial year

             (1)  If:

                     (a)  therapeutic goods are registered, listed or included in the Register at any time in the financial year commencing on 1 July 2015 (the 2015‑16 financial year); and

                     (b)  the person in relation to whom the goods are registered, listed or included in the Register has given the Secretary, in accordance with regulation 43AAC or 43AAE, a declaration stating that the person’s turnover of the goods for the 2015‑16 financial year, or for a previous financial year, was of low value; and

                     (c)  the person has not paid an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods for the 2015‑16 financial year; and

                     (d)  the Secretary becomes aware that the person’s turnover of the goods for the 2015‑16 financial year, or for a previous financial year for which a declaration was given, was not of low value;

the Secretary must give the person a written notice in accordance with subregulation (2).

             (2)  A notice given to a person under subregulation (1) must:

                     (a)  state that the person was not exempt from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods:

                              (i)  for the 2015‑16 financial year; or

                             (ii)  for any later financial year for which the person did not pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods (other than because the charge was waived under regulation 43AAH); and

                     (b)  specify the date on which the relevant charge, or charges, become payable.

Goods entered in Register at any time in financial year commencing on or after 1 July 2016

             (3)  If:

                     (a)  therapeutic goods are registered, listed or included in the Register at any time in a financial year commencing on or after 1 July 2016 (the relevant financial year); and

                     (b)  the person in relation to whom the goods are registered, listed or included in the Register has given the Secretary, in accordance with regulation 43AAD or 43AAE, a declaration stating that the person’s turnover of the goods for the relevant financial year was of low value; and

                     (c)  the person has not paid an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods for the relevant financial year; and

                     (d)  the Secretary becomes aware that the person’s turnover of the goods for the relevant financial year was not of low value;

the Secretary must give the person a written notice in accordance with subregulation (4).

             (4)  A notice given to a person under subregulation (3) must:

                     (a)  state that the person was not exempt from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods:

                              (i)  for the relevant financial year; or

                             (ii)  for any later financial year for which the person did not pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of the goods (other than because the charge was waived under regulation 43AAH); and

                     (b)  specify the date on which the relevant charge, or charges, become payable.

Subdivision 2A—Exemption from liability to pay annual charge—IVD devices

43AAGA  Purpose of this Subdivision

                   For section 44A of the Act, this Subdivision makes provision for and in relation to exempting a person in relation to whom an IVD device is included in the Register at any time in a financial year from liability to pay an annual charge for inclusion in the Register in respect of the device for the financial year, if the person’s turnover of the device for the financial year is of low value.

43AAGB  Exemption from liability to pay annual charge—2017‑18 financial year

Inclusion of IVD device in Register commencing in 2017‑18 financial year

             (1)  A person in relation to whom an IVD device is included in the Register at any time in the financial year commencing 1 July 2017 (the 2017‑18 financial year) is exempt from liability to pay an annual charge for inclusion in the Register in respect of the device for the 2017‑18 financial year if:

                     (a)  the inclusion of the device in the Register commenced in the 2017‑18 financial year; and

                     (b)  the person’s turnover of the device for the 2017‑18 financial year is of low value; and

                     (c)  the person gives the Secretary, on or before 22 July 2018, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the device for the 2017‑18 financial year was of low value.

Inclusion of IVD device in Register on or before 30 June 2017

             (2)  A person in relation to whom an IVD device is included in the Register on or before 30 June 2017 is exempt from liability to pay an annual charge for inclusion in the Register in respect of the device for the 2017‑18 financial year if:

                     (a)  the inclusion of the device in the Register commenced on or before 30 June 2017; and

                     (b)  the person’s turnover of the device for the financial year commencing on 1 July 2016 (the 2016‑17 financial year) is of low value; and

                     (c)  the person gives the Secretary, on or before 22 July 2017, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the device for the 2016‑17 financial year was of low value; and

                     (d)  the person’s turnover of the device for the 2017‑18 financial year was of low value; and

                     (e)  the person gives the Secretary, on or before 22 July 2018, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the device for the 2017‑18 financial year was of low value.

Note 1:       See regulation 43AAA for the meaning of turnover and when turnover is of low value.

Note 2:       A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).

Note 3:       If a person is not exempt from liability to pay an annual charge for the 2017‑18 financial year only because the person did not give the Secretary the declaration, or declarations, relating to turnover in accordance with this regulation, the person may be exempt from liability to pay the charge for the 2017‑18 financial year under regulation 43AAGD.

Note 4:       If a person becomes aware during the 2017‑18 financial year that the person’s turnover of the device for that year will not be of low value, the person may notify the Secretary of that fact under regulation 43AAGE.

Note 5:       If the Secretary becomes aware that a person’s turnover of the device, for a financial year for which a declaration was given under this regulation, was not of low value, the Secretary may, under regulation 43AAGF, notify the person that the person is liable to pay the charge for the 2017‑18 financial year.

43AAGC  Exemption from liability to pay annual charge—financial years commencing on or after 1 July 2018

                   A person in relation to whom an IVD device is included in the Register at any time in a financial year commencing on or after 1 July 2018 (the current financial year) is exempt from liability to pay an annual charge for inclusion in the Register in respect of the device for the current financial year if the following requirements are met:

                     (a)  either:

                              (i)  the person was exempt from liability to pay the charge in respect of the device for the immediately preceding financial year; or

                             (ii)  the inclusion in the Register of the device commenced in the current financial year;

                     (b)  the person’s turnover of the device for the current financial year is of low value;

                     (c)  the person gives the Secretary, on or before 22 July of the next financial year, a declaration, in a form or a manner approved by the Secretary, stating that the person’s turnover of the device for the current financial year was of low value.

Note 1:       See regulation 43AAA for the meaning of turnover and when turnover is of low value.

Note 2:       A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).

Note 3:       If a person is not exempt from liability to pay an annual charge for the current financial year only because the person did not give the Secretary the declaration relating to turnover in accordance with this regulation, the person may be exempt from liability to pay the charge for the current financial year under regulation 43AAGD.

Note 4:       If a person becomes aware during the current financial year that the person’s turnover of the device for that year will not be of low value, the person may notify the Secretary of that fact under regulation 43AAGE.

Note 5:       If the Secretary becomes aware that a person’s turnover of the device for the current financial year was not of low value, the Secretary may, under regulation 43AAGF, notify the person that the person is liable to pay the charge for the current financial year.

43AAGD  Exemption from liability to pay annual charge—late notice that turnover was of low value

             (1)  This regulation applies if a person would have been exempt from liability to pay an annual charge for inclusion in the Register in respect of an IVD device for a financial year commencing on or after 1 July 2017 (the relevant financial year), except that the person did not give the Secretary a declaration, or declarations, relating to the person’s turnover of the device in accordance with whichever of regulation 43AAGB or 43AAGC was applicable.

             (2)  The person may, on or before 15 September in the next financial year, give the Secretary, in writing:

                     (a)  a notice stating the reasons why the person was not able to give the Secretary the declaration, or declarations, in accordance with whichever of regulation 43AAGB or 43AAGC was applicable for the relevant financial year; and

                     (b)  a declaration stating that the person’s turnover of the device for the relevant financial year was of low value; and

                     (c)  if the relevant financial year is the year commencing on 1 July 2017—a declaration in accordance with paragraph 43AAGB(2)(c).

Note:          A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).

             (3)  The documents given under subregulation (2) must be accompanied by the fee payable.

             (4)  The person is exempt from liability to pay the charge for the relevant financial year if the person gives the Secretary, on or before 15 September in the next financial year:

                     (a)  the notice referred to in paragraph (2)(a); and

                     (b)  the declaration referred to in paragraph (2)(b); and

                     (c)  if the relevant financial year is the year commencing on 1 July 2017—the declaration referred to in paragraph (2)(c); and

                     (d)  the fee referred to in subregulation (3).

             (5)  If the person is exempt from liability to pay the charge for the relevant financial year under subregulation (4), the Secretary must give the person a written notice stating that the person is exempt from liability to pay the charge for the relevant financial year.

             (6)  If the person gives the Secretary documents other than in accordance with subregulation (2), or the documents were not accompanied by the fee referred to in subregulation (3), the Secretary must give the person a written notice that:

                     (a)  states that the person is liable to pay the charge for the relevant financial year; and

                     (b)  states the reason why the person is not exempt from liability to pay the charge for the relevant financial year, being whichever of the following is applicable in the circumstances:

                              (i)  the person did not give the documents to the Secretary by the required date;

                             (ii)  one or more of the documents given was not in accordance with paragraph (2)(a) or (b) or, if applicable, paragraph (2)(c);

                            (iii)  the documents were not accompanied by the correct fee; and

                     (c)  specifies the date on which the charge for the relevant financial year becomes payable.

43AAGE  Person may notify Secretary that turnover of IVD device for financial year will not be of low value

             (1)  This regulation applies in relation to the following:

                     (a)  an IVD device that is included in the Register at any time in a financial year commencing on or after 1 July 2017 (the current financial year) if the inclusion commenced in the current financial year;

                     (b)  an IVD device that is included in the Register at any time in a financial year commencing on or after 1 July 2017 (the current financial year) if the person in relation to whom the device is included in the Register was exempt from liability to pay an annual charge for inclusion in the Register in respect of the device for the immediately preceding financial year.

             (2)  If the person in relation to whom the device is included in the Register becomes aware during the current financial year that the person’s turnover of the device for that year will not be of low value, the person may notify the Secretary, in a form or a manner approved by the Secretary, of that fact.

             (3)  As soon as practicable after receiving a notification from a person under subregulation (2), the Secretary must give the person a written notice that specifies the date on which the charge for the current financial year becomes payable.

Note:          If the inclusion in the Register of the device commenced in the current financial year, the date must be the last day of the month commencing after the month in which the notification under subregulation (2) was given (see paragraph 43AAB(1)(a)).

43AAGF  Secretary may notify person that annual charge is payable if turnover is not of low value

IVD device entered in Register at any time in 2017‑18 financial year

             (1)  If:

                     (a)  an IVD device is included in the Register at any time in the financial year commencing on 1 July 2017 (the 2017‑18 financial year); and

                     (b)  the person in relation to whom the device is included in the Register has given the Secretary, in accordance with regulation 43AAGB or 43AAGD, a declaration stating that the person’s turnover of the device for the 2017‑18 financial year, or for a previous financial year, was of low value; and

                     (c)  the person has not paid an annual charge for inclusion in the Register in respect of the device for the 2017‑18 financial year; and

                     (d)  the Secretary becomes aware that the person’s turnover of the device for the 2017‑18 financial year, or for a previous financial year for which a declaration was given, was not of low value;

the Secretary must give the person a written notice in accordance with subregulation (2).

             (2)  A notice given to a person under subregulation (1) must:

                     (a)  state that the person was not exempt from liability to pay an annual charge for inclusion in the Register in respect of the device:

                              (i)  for the 2017‑18 financial year; or

                             (ii)  for any later financial year for which the person did not pay an annual charge for inclusion in the Register in respect of the device (other than because the charge was waived under regulation 43AAH); and

                     (b)  specify the date on which the relevant charge, or charges, become payable.

IVD device entered in Register at any time in financial year commencing on or after 1 July 2018

             (3)  If:

                     (a)  an IVD device is included in the Register at any time in a financial year commencing on or after 1 July 2018 (the relevant financial year); and

                     (b)  the person in relation to whom the device is included in the Register has given the Secretary, in accordance with regulation 43AAGC or 43AAGD, a declaration stating that the person’s turnover of the device for the relevant financial year was of low value; and

                     (c)  the person has not paid an annual charge for inclusion in the Register in respect of the device for the relevant financial year; and

                     (d)  the Secretary becomes aware that the person’s turnover of the device for the relevant financial year was not of low value;

the Secretary must give the person a written notice in accordance with subregulation (4).

             (4)  A notice given to a person under subregulation (3) must:

                     (a)  state that the person was not exempt from liability to pay an annual charge for inclusion in the Register in respect of the device:

                              (i)  for the relevant financial year; or

                             (ii)  for any later financial year for which the person did not pay an annual charge for inclusion in the Register in respect of the device (other than because the charge was waived under regulation 43AAH); and

                     (b)  specify the date on which the relevant charge, or charges, become payable.

Subdivision 2B—Waiver of certain annual charges

43AAGG  Purpose of Subdivision

                   For section 44A of the Act, this Subdivision makes provision for and in relation to waiving an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of therapeutic goods for a financial year in certain circumstances.

43AAH  Waiver of certain annual charges

Scope

             (1)  This regulation applies in relation to a person who is liable to pay:

                     (a)  an annual registration charge for registered goods that are medicines; or

                     (b)  an annual charge for inclusion in the Register for a financial year of:

                              (i)  a biological; or

                             (ii)  a medical device that is classified under the Therapeutic Goods (Medical Devices) Regulations 2002 as Class IIa or higher; or

                            (iii)  an IVD medical device that is classified under the Therapeutic Goods (Medical Devices) Regulations 2002 as Class 2 or higher.

Application for waiver of charge

             (2)  The person may apply to the Secretary, in writing, for the charge to be waived for a financial year.

             (3)  An application under subregulation (2) in relation to particular therapeutic goods and a financial year (the relevant financial year) must:

                     (a)  be made:

                              (i)  if the registration or inclusion in the Register of the goods commenced in the relevant financial year—before 31 December in the next financial year; and

                             (ii)  in any other case—at any time during the relevant financial year; and

                     (b)  be accompanied by information in support of the application that addresses the matters referred to subregulations (7) and (8).

Note 1:       No application fee is payable.

Note 2:       A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).

Decision by Secretary

             (4)  Within 60 days after receiving an application in accordance with subregulation (3) to waive a charge for a financial year, the Secretary must decide:

                     (a)  to waive the charge for the financial year; or

                     (b)  to refuse to waive the charge for the financial year.

             (5)  In considering the application, the Secretary:

                     (a)  must take into account the information referred to in paragraph (3)(b); and

                     (b)  must not take into account any other information provided by, or on behalf of, the applicant after the making of the application, other than information provided in response to a request from the Secretary.

             (6)  Paragraph (5)(a) does not otherwise limit the information the Secretary may take into account in considering the application.

             (7)  The Secretary may decide to waive the charge for a financial year only if the Secretary is satisfied that:

                     (a)  the goods to which the charge relates are registered or included in the Register at the time the Secretary is considering the application; and

                     (b)  it is in the interest of public health for the entry in relation to the goods to remain on the Register; and

                     (c)  it would not be financially viable for the entry in relation to the goods to remain on the Register if the person in relation to whom the goods are entered in the Register were required to pay the charge for that financial year.

             (8)  For the purpose of considering whether it is in the interest of public health for the entry in relation to the goods to which the charge relates to remain on the Register, the Secretary must take into account the following matters:

                     (a)  the population who use the goods;

                     (b)  the clinical needs of the population who use the goods and the reasonable availability of alternatives to the goods for that population;

                     (c)  any health risks to the population who use the goods that may be associated with:

                              (i)  obtaining the goods through alternative means; or

                             (ii)  the use of alternative goods;

                     (d)  the likelihood of the goods being available through alternative means to the population who use the goods if the person in relation to whom the goods are entered in the Register were to request the Secretary to cancel the entry.

             (9)  The Secretary may take into account any other matter the Secretary considers relevant for the purpose of considering the matter referred to in subregulation (8).

Notice of decision

           (10)  As soon as practicable after making a decision under subregulation (4), the Secretary must give written notice of the decision to the applicant.

           (11)  If the decision is to refuse to waive the charge for the financial year, the notice under subregulation (10) must:

                     (a)  set out the reasons for the decision; and

                     (b)  specify the date on which the charge for the financial year becomes payable.

Period during which decision has effect

           (12)  If the Secretary decides to waive the charge for the financial year, the decision has effect unless, before the end of the financial year, the person in relation to whom the goods concerned are entered in the Register requests the Secretary to cancel the entry in relation to the goods.

           (13)  If a decision by the Secretary to waive a charge for a financial year in respect of therapeutic goods ceases to have effect because the entry in relation to the goods in the Register is cancelled at the request of the person in relation to whom the goods were entered in the Register, the Secretary must give the person a written notice that specifies the date on which the charge for the financial year becomes payable.

Subdivision 3—Charges for licensing

43AAJ  Licensing charge—reduction in certain circumstances

             (1)  This regulation applies to a person if:

                     (a)  the person is required to hold a licence under Part 3‑3 of the Act; and

                     (b)  the person’s turnover of therapeutic goods is not more than $96,100 in a financial year.

             (2)  The annual charge payable by the person for a licence in force at any time during the financial year, other than a licence for the manufacture of human blood and blood components, is 50% of the amount otherwise payable under subregulation 3(2) of the Therapeutic Goods (Charges) Regulations 1990 for the licence.

Division 2—Fees and costs

43  Fees

             (1)  Subject to the other provisions of this Part:

                     (a)  the fee mentioned in column 3 of an item in Part 2 or 3 of Schedule 9 is prescribed for the matter that, for that fee, is mentioned in column 2 of the item; and

                     (b)  the fee mentioned in column 3 of an item in Part 2 of Schedule 9A is prescribed for the matter that, for that fee, is mentioned in column 2 of the item.

             (2)  If, but for this subregulation, more than one fee referred to in item 9 in Part 2 of Schedule 9 would otherwise apply in relation to:

                     (a)  an application to carry out steps in the manufacture of therapeutic goods at particular premises; or

                     (b)  the inspection of licensed manufacturing premises for the purposes of section 40 of the Act;

the fee that is the greatest applicable fee is the only fee that applies in respect of that application or inspection.

43A  When is no application fee payable?

             (1)  A fee is not payable in accordance with item 2 or 3 in Part 2 of Schedule 9 for an application for the registration or listing of a therapeutic device if:

                     (a)  the device was included in the Register under regulation 10B immediately before the application is made; and

                     (b)  the application is made because the effect of an amendment of these Regulations is that:

                              (i)  the device ceases to be required to be listed and becomes required to be registered; or

                             (ii)  the device ceases to be required to be registered and becomes required to be listed.

             (2)  The applicable fee under item 2 or 3 in Part 2 of Schedule 9 for an application to transfer an entry of a kind of medical device from the part of the Register for medical devices to the part of the Register for registered goods, or the part of the Register for listed goods, is not payable if the device ceases to be a medical device because of a declaration in force under subsection 41BD(3) of the Act.

             (3)  An application fee is taken not to have been payable for an application for the registration of a therapeutic good made in accordance with section 23 of the Act if:

                     (a)  the application was made during the period:

                              (i)  beginning on 1 August 1998 and ending on 23 March 2000; or

                             (ii)  beginning on 1 July 2003 and ending on the commencement of this subregulation; and

                     (b)  the following provisions applied to the application:

                              (i)  paragraph (c) or (d) of item 2 of Part 2 of Schedule 9;

                             (ii)  item 4 of Part 2 of Schedule 9; and

                     (c)  the fee prescribed in paragraph (c) or (d) of item 2 of Part 2 of Schedule 9 for making the application was not paid; and

                     (d)  the therapeutic good was included in the Register because of the application.

43AA  Fee for evaluation—refund in certain circumstances

                   If:

                     (a)  an applicant has paid the whole of the evaluation fee payable under Part 2 of Schedule 9 for an evaluation of an application under subsection 9D(3) of the Act to which regulation 16D applies; and

                     (b)  the Secretary has notified the applicant of the decision; and

                     (c)  the notification did not occur within the period specified for the application in subregulation 16D(3);

then 25% of the evaluation fee must be refunded to the applicant.

43AB  Circumstances in which inspection fee covered by annual charge

             (1)  A fee is not payable in accordance with item 9AB in Part 2 of Schedule 9 for an inspection covered by the annual charge for a licence to manufacture the therapeutic goods mentioned in that item.

             (2)  An inspection is covered by the annual charge for a licence to manufacture the therapeutic goods if no more than 2 prior inspections have been carried out at the metropolitan site, identified in the licence, within the period of 3 years immediately preceding the relevant inspection.

             (3)  In this regulation:

inspection means an inspection in relation to a metropolitan site.

43AC  Refund of fees where no evaluation undertaken—registered OTC medicines

             (1)  This regulation applies if:

                     (a)  a person makes an application of a kind mentioned in item 6 of the table in Part 3 of Schedule 9; and

                     (b)  the person has paid the application fee required under that item in respect of the application; and

                     (c)  an evaluation of documentation in respect of the application is not undertaken.

             (2)  The Secretary must refund to the person the following amount:

                     (a)  for a C2 (section 9D) application—$3,930;

                     (b)  for a C3 (section 9D) application—$6,580;

                     (c)  for a C4 (section 9D) application—$8,590.

43AD  Fee for therapeutic goods (priority applicant) determination application—refund in certain circumstances

             (1)  This regulation applies if:

                     (a)  a person applies to the Secretary under regulation 16H to designate a medicine as an orphan drug; and

                     (b)  at the same time as, or after, applying for the designation, the person applies to the Secretary under subregulation 16Q(1) for a therapeutic goods (priority applicant) determination in relation to the medicine; and

                     (c)  the person pays the fee prescribed in item 1B of Part 2 of Schedule 9 for applying for the determination; and

                     (d)  after the person pays the fee, the Secretary designates the medicine as an orphan drug under regulation 16J.

             (2)  The Secretary must refund the fee to the person (whether or not the Secretary makes the determination).

44  Testing of samples—recovery of costs

                   If a person asks the Department to analyse a sample of goods, the costs incurred by the Department in carrying out that analysis are recoverable from that person as a debt due to the Commonwealth.

45  Waiver or reduction of fees

             (1)  The Secretary may reduce by 70% the amount of the evaluation fee specified in Schedule 9 that is payable in relation to the supply of therapeutic goods (other than goods of a kind mentioned in Part 1 of Schedule 10) if the supply of those goods:

                     (a)  is in the interest of public health; and

                     (b)  would not be commercially viable for the sponsor of the goods if the full amount of the fee were paid.

             (2)  The Secretary may waive, or reduce, an evaluation fee prescribed in Schedules 9 and 9A in relation to an application (other than an application relating to goods of a kind mentioned in Part 1 of Schedule 10) if the applicant makes another application, or other applications, in relation to therapeutic goods at the same time and the following circumstances apply:

                     (a)  the goods to which each application relates:

                              (i)  contain the same active ingredient; or

                             (ii)  are therapeutic devices;

                     (b)  the information given in support of each application has sufficient commonality, in respect of the goods, that a simultaneous evaluation of the goods may conveniently be made.

             (3)  The Secretary may waive or reduce the application and evaluation fees specified in Schedule 9 that are payable in relation to therapeutic goods if:

                     (a)  the goods were approved for importation and supply by the Secretary under the Customs (Prohibited Imports) Regulations not earlier than 2 years before the commencement of the Act and supply of those goods has not commenced; or

                     (b)  the goods were registered by the Health Department of the State of Victoria under the Health Act 1958 of that State not earlier than 2 years before the commencement of the Act and supply of those goods has not commenced; or

                     (c)  the goods were accepted for evaluation by the Secretary or the Health Department of the State of Victoria before the commencement of the Act.

             (4)  The Secretary may waive, or reduce, an evaluation fee prescribed in Schedules 9 and 9A in relation to an application (other than an application relating to goods of a kind mentioned in Part 1 of Schedule 10):

                     (a)  to register goods; or

                     (b)  in relation to registered goods that are a medicine—to vary the information entered in the Register; or

                     (c)  to include goods in the part of the Register for biologicals; or

                     (d)  for a biological included in the Register under Part 3‑2A of the Act—to vary the information included in the Register;

if the Secretary has information relating to the goods that enables the evaluation procedure to be abridged.

       (4AA)  The Secretary may waive, or reduce, an evaluation fee prescribed in Schedule 9 in relation to a submission for goods of a kind mentioned in Part 1 of Schedule 10 if, in the Secretary’s opinion:

                     (a)  supply of the goods in Australia is necessary because of a public health emergency; and

                     (b)  the waiver or reduction is necessary to enable the goods to be supplied in Australia; and

                     (c)  the Secretary has information relating to the goods that allows the evaluation procedure to be abridged.

          (4A)  If the Secretary reduces the amount of the evaluation fee payable on an application to register a therapeutic device included in Part 1 of Schedule 3, the amount of the reduced fee payable:

                     (a)  for an application involving the evaluation of:

                              (i)  design; or

                             (ii)  materials information; or

                            (iii)  testing;

                            is $10,700;

                     (b)  for an application involving the evaluation of:

                              (i)  manufacture; or

                             (ii)  quality control; or

                            (iii)  sterile manufacture; or

                            (iv)  testing information;

                            is $8,910;

                     (c)  in the case of an application involving the evaluation of 1 or both of the following:

                              (i)  biocompatability;

                             (ii)  pre‑clinical information;

                            is reduced to $8,610; and

                    (ca)  in the case of an application involving the evaluation of software—is reduced to $8,610;

                     (d)  for an application involving the evaluation of human clinical information—is $35,900;

                     (e)  for an application involving the evaluation of a confirmatory review of clinical information—is $8,610; and

                      (f)  for an application involving confirmatory evaluation of overseas reports or data lodged to support the application—is $8,610.

             (8)  Subregulation (9) applies if:

                     (a)  more than 1 application to register a therapeutic device is made at the same time; and

                     (b)  each application is made by the same sponsor; and

                     (c)  the device to which each application relates is included in Part 1 of Schedule 3; and

                     (d)  the information provided in support of each application is sufficiently similar to enable evaluation of each device to be undertaken simultaneously; and

                     (e)  the sponsor pays the total amount of the fee payable under item 6 in Part 2 of Schedule 9 for the principal application.

             (9)  The fee for each application to register a therapeutic device (other than the principal application) to which subregulation (8) applies:

                     (a)  in the case of an application involving the evaluation of any or all of the following:

                              (i)  design;

                             (ii)  materials information;

                            (iii)  testing;

                            is reduced to $5,360; and

                     (b)  in the case of an application involving the evaluation of any or all of the following:

                              (i)  manufacture;

                             (ii)  quality control;

                            (iii)  sterile manufacture;

                            (iv)  testing information;

                            is reduced to $5,360; and

                     (c)  in the case of an application involving the evaluation of 1 or both of the following:

                              (i)  biocompatability;

                             (ii)  pre‑clinical information;

                            is reduced to $5,360; and

                    (ca)  in the case of an application involving the evaluation of software¾is reduced to $5,360; and

                     (d)  in the case of an application involving the evaluation of human clinical information—is reduced to $5,360; and

                     (e)  in the case of an application involving confirmatory evaluation of overseas reports or data lodged to support the application¾is reduced to $5,360.

           (10)  Subregulation (11) applies if:

                     (a)  more than 1 application to vary written information in the Register about a therapeutic device is made at the same time; and

                     (b)  each application is made by the same sponsor; and

                     (c)  the device to which each application relates is included in Part 1 of Schedule 3; and

                     (d)  the information provided in support of each application is sufficiently similar to enable evaluation of each device to be undertaken simultaneously; and

                     (e)  the sponsor pays the total amount of the fee payable under item 7 in Part 2 of Schedule 9 for the principal application.

           (11)  The fee for each application to vary written information (other than the principal application) to which subregulation (10) applies:

                     (a)  in the case of an application involving review of any or all of the following:

                              (i)  design;

                             (ii)  materials information;

                            (iii)  testing;

                            is reduced to $1,960; and

                     (b)  in the case of an application involving review of any or all of the following:

                              (i)  manufacture;

                             (ii)  quality control;

                            (iii)  sterile manufacture;

                            (iv)  testing information;

                            is reduced to $1,960; and

                     (c)  in the case of an application involving the evaluation of 1 or both of the following:

                              (i)  biocompatability;

                             (ii)  pre‑clinical information;

                            is reduced to $1,960; and

                    (ca)  in the case of an application involving the evaluation of software—is reduced to $1,960; and

                     (d)  in the case of an application involving review of human clinical information—is reduced to $1,960; and

                     (e)  in the case of an application involving confirmatory evaluation of overseas reports or data lodged to support the application¾is reduced to $1,960.

           (12)  The Secretary must waive the following fees:

                     (c)  a fee that would have been payable, but for this subregulation, as part of the registration of a designated orphan drug;

                     (d)  a fee that would have been payable, but for this subregulation, for applying for a therapeutic goods (priority applicant) determination in relation to a medicine that is a designated orphan drug.

45AA  Payment of fees in instalments

             (1)  Subject to subregulation (7), the Secretary may allow the amount of a fee payable under item 6 or 7 in Part 2 of Schedule 9 or item 4, 5, 6, 10 or 11 in Schedule 9A to be paid in instalments, if:

                     (a)  the applicant has applied in writing to pay the amount in instalments; and

                     (b)  the amount payable exceeds $10,000; and

                     (c)  the Secretary is reasonably satisfied that the applicant will experience financial hardship if that amount is paid before the commencement of the evaluation to which the fee relates; and

                     (d)  any information or material to which subregulation (3) applies has been provided to the Secretary.

             (2)  An application under subregulation (1) must:

                     (a)  state the reasons why payment of the full amount of the fee before the evaluation commences will cause financial hardship to the applicant; and

                     (b)  have with it documents or other material in support of the statement.

             (3)  If the Secretary reasonably requires information or material in addition to the documents or material referred to in paragraph 2(b), the Secretary may require the applicant to provide the information or material to the Secretary.

             (4)  If the Secretary approves an application under subregulation (1):

                     (a)  50% of the fee is due for payment before the commencement of the evaluation of the application; and

                     (b)  25% of the fee is due for payment at the end of 1 month after the day on which the amount referred to in paragraph (a) is due for payment; and

                     (c)  the remaining 25% is due for payment:

                              (i)  if the application for evaluation is withdrawn—at the time of withdrawal; or

                             (ii)  if the Secretary decides not to register the therapeutic device—when the applicant is notified under subsection 25(3) of the Act; or

                            (iii)  if the evaluation is completed—before the therapeutic device is registered.

             (5)  If:

                     (a)  the Secretary approves an application under subregulation (1); and

                     (b)  any amount of the fee payable by the applicant is not paid when it becomes due for payment;

the balance of the fee becomes due for payment.

             (6)  If the Secretary receives an application under subregulation (1), he or she must:

                     (a)  give notice in writing to the applicant within 30 days of receiving the application whether the application has been approved; and

                     (b)  if the application is approved—include with the notice information about the amounts of the instalments and when the instalments are due for payment.

             (7)  This regulation does not apply while another evaluation fee, or an assessment fee payable under section 41LA of the Act (or part of either of those kinds of fee), that is due for payment by the applicant is unpaid.

Part 7A—Infringement notices

  

45B  Purpose and effect of Part

             (1)  For sections 42YJ and 42YK of the Act, Schedule 15 sets up a system of infringement notices as an alternative to prosecution for an alleged offence of strict liability, or to the institution of civil proceedings for an alleged contravention of a civil penalty provision, under the Act.

             (2)  Schedule 15 does not:

                     (a)  require an infringement notice to be issued to a person for an alleged offence or an alleged contravention; or

                     (b)  affect a person’s liability to prosecution or to the institution of civil proceedings if an infringement notice for the alleged offence or the alleged contravention:

                              (i)  is not issued to the person; or

                             (ii)  is issued, but withdrawn;

                     (c)  prevent the issue of 2 or more infringement notices to a person for an alleged offence of strict liability or an alleged contravention of a civil penalty provision; or

                     (d)  affect a person’s liability to prosecution or to the institution of civil proceedings if the person does not pay the penalty for the alleged offence or the alleged contravention specified in an infringement notice in accordance with Schedule 15; or

                     (e)  limit or otherwise affect the penalty that may be imposed by a court on a person for an offence of strict liability or for the contravention of a civil penalty provision.

Part 8—Miscellaneous

  

46A  Delegation under the Act

             (1)  For paragraph 57(1)(c) of the Act, the secondment of a person employed by a national therapeutic goods regulatory authority of another country to a position in the Department is declared to be an appointment the occupant or holder of which may be a delegate under section 57 of the Act.

             (2)  For subsection 57(8) of the Act, the following positions are prescribed:

                     (a)  First Assistant Secretary, Medicines Regulation Division;

                     (b)  First Assistant Secretary, Medical Devices and Product Quality Division;

                     (c)  Principal Medical Adviser, Health Products Regulation Group.

46  Release of information

             (1)  In this regulation, therapeutic goods information has the same meaning as in section 61 of the Act.

             (2)  For the purposes of subsection 61(6) of the Act, the Secretary may release to a person, on application by the person, therapeutic goods information in respect of an entry in the Register, being therapeutic goods information of the following kinds:

                     (a)  whether the goods are included in the Register and, if so:

                              (i)  the registration number, listing number, biological number or device number of the goods; and

                             (ii)  the date when the goods were registered, listed or included in the Register; and

                            (iii)  the class in which the goods are included in the Register;

                     (b)  the name of the goods and the name and address of the sponsor of the goods;

                     (c)  if any ingredient in, or component of, the goods is derived from an animal, the type of the animal;

                     (d)  if the goods are supplied in a sterile state, the type of sterilisation used;

                     (e)  if the goods are medicines or biologicals, medical devices that contain medicines or biologicals, or medical devices that incorporate, or are intended to incorporate, as an integral part, a medicine or biological that is intended to act on a patient in a way that is ancillary to the device:

                              (i)  the quantity of goods to be in the primary pack; and

                             (ii)  the entry relating to the goods in the Poisons Standard; and

                            (iii)  the indications for the goods; and

                            (iv)  the dosage form of the goods and their physical appearance; and

                             (v)  the names and quantities of therapeutically active substances in the goods; and

                            (vi)  the presence or absence of any specific excipient in the goods; and

                           (vii)  the routes of administration of the goods; and

                          (viii)  the type of container in which the goods are to be packed; and

                      (f)  if the goods are a kind of medical device:

                              (i)  the intended purpose of the device; and

                             (ii)  the device nomenclature system code specified for the device under subsection 41BE(3) of the Act; and

                            (iii)  the medical device classification applying to the device;

                     (g)  whether the goods are a designated orphan drug;

                     (h)  if the goods are a biological—which class.

             (4)  For the purposes of subsection 61(6) of the Act, the Secretary may release therapeutic goods information of a kind that a court, tribunal, authority, or other body or person may require to be given or produced under a law of the Commonwealth, or of a State or Territory.

47  Delegation—powers and functions under these Regulations

             (1)  The Secretary may delegate a power or function of the Secretary under these Regulations to an officer of the Department.

          (1A)  However, a delegation for Schedule 15 may be given only to the First Assistant Secretary of, or an Assistant Secretary in, a Division in the Department that is responsible for the administration of therapeutic goods.

             (2)  The delegation must be by instrument signed by the Secretary.

             (3)  Nothing in subregulation (1) affects the Secretary’s power to delegate a power or function of the Secretary under regulation 5Q or subregulation 9(3).

47A  Delegation—powers under paragraphs 19(1)(a), 32CK(1)(d) and 41HB(1)(d) of the Act

             (1)  In this regulation:

delegation means a delegation, under subsection 57(3) of the Act, of powers of the Secretary under any of the following provisions of the Act:

                     (a)  paragraph 19(1)(a), relating to specified therapeutic goods;

                     (b)  paragraph 32CK(1)(d), relating to specified biologicals;

                     (c)  paragraph 41HB(1)(d), relating to a specified medical device or a kind of medical device.

             (2)  A delegation may only be to a person who:

                     (a)  is a medical practitioner registered in a State or Territory and employed by an institution that has an ethics committee; and

                     (b)  subject to subregulation (3), is proposed by the medical superintendent or, if there is no medical superintendent, the person occupying a position comparable to that of medical superintendent, of the institution, as a person to be a delegate under subsection 57(3) of the Act.

             (3)  If:

                     (a)  a person proposes another person under paragraph (2)(b) as a person to be a delegate; and

                     (b)  that other person becomes a delegate;

the first‑mentioned person must supervise each approval that the delegate grants under the delegation.

             (4)  A delegation must describe the person or class of persons to be treated with the therapeutic goods, biologicals or devices to which the delegation relates.

             (5)  A delegation may be made for the purpose of allowing the delegate to grant an approval in relation to:

                     (a)  a particular item of therapeutic goods; or

                     (b)  a particular class of therapeutic goods; or

                     (c)  a particular biological; or

                     (d)  a particular class of biologicals; or

                     (e)  a particular medical device; or

                      (f)  a particular kind of medical device;

for treating a specific illness or condition.

             (6)  A delegate may grant an approval under a delegation only if:

                     (a)  a medical practitioner, other than the delegate, has stated in writing that the person to be treated with the biological, a kind of medical device or other therapeutic goods to which the approval relates has an illness or condition that requires treatment with the biological, medical device or other therapeutic goods; and

                     (b)  an ethics committee has agreed to the granting of approval under paragraph 19(1)(a), 32CK(1)(d) or 41HB(1)(d) of the Act for the use, in the circumstances in which the delegate grants the approval, of the biological, kind of medical device or other therapeutic goods to which the delegation relates.

47B  Provision of information concerning medicines, biologicals and medical devices

             (1)  The following persons must provide a report to the Secretary every 6 months:

                     (a)  a delegate under subsection 57(3) of the Act;

                     (b)  a person authorised under subsection 19(5), 32CM(1) or 41HC(1) of the Act to supply a medicine, biological or medical device;

                     (c)  a sponsor of therapeutic goods in relation to which any of the following applies:

                              (i)  an exemption under section 18, 32CA or 41HA of the Act;

                             (ii)  an approval under section 19, 32CK or 41HB of the Act;

                            (iii)  an authority under section 19, 32CM or 41HC of the Act.

             (2)  The report must be in a form approved by the Secretary.

             (3)  A report by a person mentioned in paragraph (1)(a) must:

                     (a)  list each biological, kind of medical device and other item of therapeutic goods approved by the person during the period to which the report relates; and

                     (b)  state the number of new approvals, and the number of repeat approvals, of medicines, biologicals and medical devices that the person gave during that period.

             (4)  A report by a person mentioned in paragraph (1)(b) must list each biological, kind of medical device and other item of therapeutic goods supplied by the person during the period to which the report relates.

             (5)  A report by a sponsor of therapeutic goods must:

                     (a)  list each kind of therapeutic goods supplied by the sponsor during the period to which the report relates; and

                     (b)  state the number of times therapeutic goods have been supplied to health practitioners, and the quantity supplied:

                              (i)  to which section 18, subsection 32CA(2) or section 41HA of the Act applies; and

                             (ii)  to which paragraph 19(1)(a), 32CK(1)(d) or 41HB(1)(d) of the Act applies; and

                            (iii)  to which paragraph 19(1)(b), 32CK(1)(e) or 41HB(1)(e) of the Act applies; and

                            (iv)  to which subsection 19(5), 32CM(1) or 41HC(1) of the Act applies; and

                             (v)  to which rules made under subsection 19(7A), 32CM(7A) or 41HC(6) of the Act apply.

48  Review of decisions

             (1)  In this regulation:

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

initial decision means a decision of the Secretary under any of the following provisions:

                     (a)  subregulation 9(1);

                    (ca)  subregulation 10C(3), (4), (5) or (6);

                     (e)  subparagraph 16J(1)(b)(ii);

                    (ea)  paragraph 16L(3)(b);

                   (eb)  paragraph 16M(1)(b);

                    (ec)  subparagraph 16R(1)(b)(ii);

                   (ed)  subregulation 16T(1);

                      (f)  subregulation 22(8);

                    (fa)  paragraph 43AAH(4)(b);

                     (g)  regulation 45;

                     (h)  regulation 45AA.

reviewable decision means a decision of the Minister under subregulation (3).

          (1A)  The Minister may, by signed instrument, delegate a power or function of the Minister under this regulation to an officer of the Department.

             (2)  A person whose interests are affected by an initial decision may request the Minister to reconsider the decision by notice in writing given to the Minister within 90 days after the decision first comes to the person’s notice.

       (2AA)  Despite subregulation (2), only the following persons may make a request under that subregulation in relation to a therapeutic goods (priority applicant) determination:

                     (a)  if the initial decision was to refuse to make the determination—the person who applied for the determination;

                     (b)  if the initial decision was to revoke the determination—the priority applicant specified in the determination.

          (2A)  A request under subregulation (2) may be accompanied by information in support of the request.

             (3)  The Minister must reconsider the initial decision as soon as practicable after receiving a request under subregulation (2), and may:

                     (a)  confirm the initial decision; or

                     (b)  revoke the initial decision, or revoke that decision and make a decision in substitution for the initial decision.

          (3A)  In reconsidering the initial decision:

                     (a)  the Minister must take into account any information referred to in subregulation (2A); and

                     (b)  the Minister must not take into account any other information provided by, or on behalf of, the person after the making of the request, other than information provided in response to a request from the Minister.

          (3B)  Paragraph (3A)(a) does not otherwise limit the information the Minister may take into account in reconsidering the initial decision.

          (3C)  If, under paragraph (3)(b), the Minister revokes an initial decision and makes a decision in substitution for the initial decision, then the substituted decision:

                     (a)  is taken to be a decision of the Secretary (except for the purpose of any review of the substituted decision); and

                     (b)  has effect, or is taken to have had effect, on and from the date determined by the Minister.

             (4)  If a person who has made a request under subregulation (2) does not receive notice of the decision of the Minister on reconsideration within 60 days of the making of the request, the Minister is to be taken to have confirmed the original decision.

             (5)  After reconsideration of an initial decision, the Minister must give the applicant a notice in writing stating the result of the reconsideration and that the applicant may, except where subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies, apply for a statement setting out the reasons for the decision on reconsideration and may, subject to that Act, make an application to the Administrative Appeals Tribunal for review of that decision.

             (6)  If written notice of the making of an initial decision is given to a person whose interests are affected by the decision, the notice is to include a statement to the effect that a person whose interests are affected by the decision may:

                     (a)  seek a reconsideration of the decision under this regulation; and

                     (b)  subject to the Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with the decision upon reconsideration, make an application to the Administrative Appeals Tribunal for review of that decision.

             (7)  Any failure to comply with the requirements of subregulation (5) or (6) in relation to a decision does not affect the validity of the decision.

             (8)  An application may be made to the Administrative Appeals Tribunal for review of a reviewable decision.

Part 9—Transitional

Division 1—Transitional provisions relating to the Therapeutic Goods Amendment Regulations 2010 (No. 1)

48A  Definitions

                   In this Division:

2010 Amendment Regulations means the Therapeutic Goods Amendment Regulations 2010 (No. 1).

finally determined has the same meaning as in Division 11.1 of Part 11 of the Therapeutic Goods (Medical Devices) Regulations 2002.

transitional device has the same meaning as in Division 11.1 of Part 11 of the Therapeutic Goods (Medical Devices) Regulations 2002.

transition day, for a transitional device, has the same meaning as in Division 11.1 of Part 11 of the Therapeutic Goods (Medical Devices) Regulations 2002.

48B  Application of 2010 Amendment Regulations

             (1)  The amendments made by Schedule 1 to the 2010 Amendment Regulations apply in relation to a transitional device on and after the transition day for the device.

             (2)  However, to avoid doubt, if:

                     (a)  a transitional device was included in the Register under Chapter 4 of the Act before 1 July 2014; or

                     (b)  an effective application for including a transitional device in the Register under Chapter 4 of the Act was made before 1 July 2014 and the application was finally determined before that date;

the amendments made by Schedule 1 to the 2010 Amendment Regulations apply in relation to the device on and after 1 July 2014.

Division 2—Transitional provisions relating to the Therapeutic Goods Amendment Regulation 2012 (No. 3)

49  Transitional

                   Despite the amendments made by the Therapeutic Goods Amendment Regulation 2012 (No. 3):

                     (a)  item 7 of Part 1 of Schedule 4, as in force on 9 November 2012, continues to apply in relation to therapeutic goods already included in the part of the Register for listed goods on that date; and

                     (b)  paragraph (g) of item 8 of Schedule 5, as in force on 9 November 2012, continues to apply in relation to goods exempt from the operation of Parts 3‑2 and 3‑2A of the Act on that date; and

                     (c)  paragraph (b) of item 14 of Schedule 7, as in force on 9 November 2012, continues to apply in relation to therapeutic goods exempt from the operation of Part 3‑3 of the Act on that date.

Division 3—Transitional provisions relating to the Therapeutic Goods Amendment (Registered Over the Counter Medicines) Regulation 2015

50  Application

                   The amendments made by the Therapeutic Goods Amendment (Registered Over the Counter Medicines) Regulation 2015 apply in relation to applications and requests made on or after 1 January 2016.

Division 4—Transitional provisions relating to the Therapeutic Goods Legislation Amendment (Charges Exemptions and Other Measures) Regulation 2016

51  Application

             (1)  The amendments made by Part 1 of Schedule 4 to the Therapeutic Goods Legislation Amendment (Charges Exemptions and Other Measures) Regulation 2016 apply in relation to an event or change of name that occurs on or after the day that Part commences.

             (2)  The amendments made by items 24, 25 and 26 of Part 3 of Schedule 4 to the Therapeutic Goods Legislation Amendment (Charges Exemptions and Other Measures) Regulation 2016 apply in relation to requests made on or after the day that Part commences.

Division 5—Transitional provisions relating to the Therapeutic Goods Legislation Amendment (2017 Measures No. 1) Regulations 2017

52  Definitions

                   In this Division:

2017 Amendment Regulations means the Therapeutic Goods Legislation Amendment (2017 Measures No. 1) Regulations 2017.

commencement day means the day on which Part 1 of Schedule 1 to the 2017 Amendment Regulations commences.

53  Transitional—continuing application of evaluation fees for variations of permissible ingredients determinations

             (1)  This regulation applies if, before the commencement of Schedule 5 to the Therapeutic Goods Amendment (2016 Measures No. 1) Act 2017:

                     (a)  an application had been made under subsection 26BD(1) of the Act (as in force immediately before that commencement) for a variation of a determination under subsection 26BB(1) of the Act; and

                     (b)  no decision had been made in relation to the application; and

                     (c)  the evaluation fee prescribed by item 7C or 7D, as the case may be, of the table in clause 3 of Schedule 9 (as in force immediately before that commencement) in relation to the application had not been paid.

             (2)  Despite the amendments made by Schedule 3 to the 2017 Amendment Regulations, the evaluation fee prescribed by item 7C or 7D, as the case may be, of the table in clause 3 of Schedule 9 (as in force immediately before the commencement of Schedule 5 to the Therapeutic Goods Amendment (2016 Measures No. 1) Act 2017) continues to apply in relation to the application.

54  Transitional—existing orphan drug designations

             (1)  This regulation applies if a designation by the Secretary under regulation 16J (as in force immediately before the commencement day) of a medicine, vaccine or in vivo diagnostic agent as an orphan drug was in force immediately before the commencement day.

             (2)  The designation continues in force for 12 months beginning on the commencement day.

55  Transitional—pending orphan drug designation applications

             (1)  This regulation applies if, before the commencement day:

                     (a)  a person had applied to the Secretary under regulation 16I (as in force before the commencement day) to designate a medicine, vaccine or in vivo diagnostic agent as an orphan drug; and

                     (b)  the application had not been finally determined.

             (2)  Despite the amendments made by Schedule 7 to the 2017 Amendment Regulations, Part 3B (as in force immediately before the commencement day) and regulation 48 (as in force immediately before the commencement day) continue to apply in relation to the application.

             (3)  If the medicine, vaccine or in vivo diagnostic agent is designated as an orphan drug under regulation 16J (as in force immediately before the commencement day):

                     (a)  the designation:

                              (i)  comes into force when it is made; and

                             (ii)  remains in force for 12 months; and

                     (b)  while the designation is in force, regulation 43AD applies in relation to the medicine, vaccine or in vivo diagnostic agent as if it had been designated as an orphan drug under regulation 16J.

56  Transitional—fee waivers in relation to certain designations

             (1)  This regulation applies in relation to a designation of a medicine, vaccine or in vivo diagnostic agent as an orphan drug if the designation is in force under regulation 54 or 55.

             (2)  The medicine, vaccine or in vivo diagnostic agent is taken to be a designated orphan drug for the purposes of the following provisions:

                     (a)  paragraphs 45(12)(c) and (d);

                     (b)  paragraph 46(2)(g);

                     (c)  items 1 to 2B in Part 1 of Schedule 3;

                     (d)  Part 3 of Schedule 3.