
Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Estradiol) Instrument 2024
made under section 30EK of the
Therapeutic Goods Act 1989
Compilation No. 1
Compilation date: 31 January 2026
Includes amendments: F2026L00040
About this compilation
This compilation
This is a compilation of the Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Estradiol) Instrument 2024 that shows the text of the law as amended and in force on 31 January 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
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. Any modifications affecting the law are accessible on the Register.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1 Name
3 Authority
4 Definitions
5 Declaration of serious scarcity
6 Substitution of scarce medicine by pharmacists
7 Period instrument in force
8 Repeals
Schedule 1—Scarce medicine, substitutable medicine, dose unit equivalence and specific permitted circumstances
Schedule 2—General permitted circumstances
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
This instrument is the Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Estradiol) Instrument 2024.
This instrument is made under section 30EK of the Therapeutic Goods Act 1989.
Note: A number of expressions used in this instrument are defined in subsection 3(1) of the Act, including the following:
(a) medicine;
(b) Register;
(c) registered goods;
(b) registration number.
In this instrument:
Act means the Therapeutic Goods Act 1989.
generic product has the same meaning as in the Therapeutic Goods Regulations 1990.
patch means transdermal drug delivery system.
pharmacist has the same meaning as in subsection 30EK(6) of the Act.
prescriber means the person who:
(a) is authorised under a law of a State or Territory to prescribe medicine, and
(b) prescribed the scarce medicine for the patient.
registered medicine means a medicine that is included in the part of the Register for goods known as registered goods.
scarce medicine has the meaning given by section 5.
substitutable medicine has the meaning given by section 6.
For paragraph 30EK(1)(a) of the Act, a serious scarcity of the medicine specified in column 2 of each item in the table in Schedule 1 (the scarce medicine) across the whole of Australia is declared.
(a) column 5 of that item (the specific permitted circumstances); and
(b) the table in Schedule 2 (the general permitted circumstances).
This instrument remains in force until 28 February 2027.
Unless repealed earlier, this instrument is repealed at the start of 1 March 2027.
Note: See sections 5 and 6.
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Item | Scarce medicine | Substitutable medicine | Dose unit equivalence | Specific permitted circumstances |
1 | each of the following: (a) ESTRADERM MX 25 estradiol 25 microgram/24 hours transdermal drug delivery system sachet, registration number 67089; (b) ESTRADOT 25 estradiol 25 microgram transdermal drug delivery system sachet, registration number 338056 | a registered medicine, or a medicine subject to an approval under section 19A of the Act, that: (a) contains estradiol as the only active ingredient; and (b) is manufactured in the dosage form of a patch; and (c) releases 25 micrograms of estradiol per day | one patch of the scarce medicine is equivalent to one patch of the substitutable medicine | the pharmacist has advised the patient, or person acting on behalf of the patient, of: (a) the number of dose units of substitutable medicine that must be administered to the patient in substitution for the prescribed dose of scarce medicine, based on the dose unit equivalence specified in column 4; and (b) suitable instructions for administering the substitutable medicine |
2 | each of the following: (a) ESTRADERM MX 50 estradiol 50 microgram/24 hours transdermal drug delivery system sachet, registration number 56658; (b) ESTRADOT 50 estradiol 50 microgram transdermal drug delivery system sachet, registration number 338058 | either of the following: (a) a registered medicine, or a medicine subject to an approval under section 19A of the Act, that: (i) contains estradiol as the only active ingredient; and (ii) is manufactured in the dosage form of a patch; and (iii) releases 50 micrograms of estradiol per day; (b) a registered medicine, or a medicine subject to an approval under section 19A of the Act, that: (i) contains estradiol as the only active ingredient; and (ii) is manufactured in the dosage form of a patch; and (iii) releases 25 micrograms of estradiol per day | one patch of the scarce medicine is equivalent to: (a) one patch of the substitutable medicine in paragraph (a) in column 3; or (b) two patches of the substitutable medicine in paragraph (b) in column 3 | all of the following: (a) when substituting with the substitutable medicine in paragraph (b) in column 3—the pharmacist: (i) does not have access to the substitutable medicine in paragraph (a) of column 3; and (ii) dispenses patches that are of the same brand; (b) the pharmacist has advised the patient, or person acting on behalf of the patient, of: (i) the number of dose units of substitutable medicine that must be administered to the patient in substitution for the prescribed dose of scarce medicine, based on the dose unit equivalence specified in column 4; and (ii) suitable instructions for administering the substitutable medicine |
3 | each of the following: (a) ESTRADERM MX 75 estradiol 75 microgram/24 hr transdermal drug delivery system sachet, registration number 76117; (b) ESTRADOT 75 estradiol 75 microgram transdermal drug delivery system, registration number 338059 | either of the following: (a) a registered medicine, or a medicine subject to an approval under section 19A of the Act, that: (i) contains estradiol as the only active ingredient; and (ii) is manufactured in the dosage form of a patch; and (iii) releases 75 micrograms of estradiol per day; (b) a registered medicine, or a medicine subject to an approval under section 19A of the Act, that: (i) contains estradiol as the only active ingredient; and (ii) is manufactured in the dosage form of a patch; and (iii) releases 37.5 micrograms of estradiol per day | one patch of the scarce medicine is equivalent to: (a) one patch of the substitutable medicine in paragraph (a) in column 3; or (b) two patches of the substitutable medicine in paragraph (b) in column 3 | all of the following: (a) when substituting with the substitutable medicine in paragraph (b) of column 3—the pharmacist: (i) does not have access to the substitutable medicine in paragraph (a) of column 3; and (ii) dispenses patches that are of the same brand; (b) the pharmacist has advised the patient, or person acting on behalf of the patient, of: (i) the number of dose units of substitutable medicine that must be administered to the patient in substitution for the prescribed dose of scarce medicine, based on the dose unit equivalence specified in column 4; and (ii) suitable instructions for administering the substitutable medicine |
4 | each of the following: (a) ESTRADERM MX 100 estradiol 100 microgram/24 hours transdermal drug delivery system sachet, registration number 67090; (b) ESTRADOT 100 estradiol 100 microgram transdermal drug delivery system, registration number 338060 | either of the following: (a) a registered medicine, or a medicine subject to an approval under section 19A of the Act, that: (i) contains estradiol as the only active ingredient; and (ii) is manufactured in the dosage form of a patch; and (iii) releases 100 micrograms of estradiol per day; (b) a registered medicine, or a medicine subject to an approval under section 19A of the Act, that: (i) contains estradiol as the only active ingredient; and (ii) is manufactured in the dosage form of a patch; and (iii) releases 50 micrograms of estradiol per day | one patch of the scarce medicine is equivalent to: (a) one patch of the substitutable medicine in paragraph (a) in column 3; or (b) two patches of the substitutable medicine in paragraph (b) in column 3 | all of the following: (a) when substituting with the substitutable medicine in paragraph (b) of column 3—the pharmacist: (i) does not have access to the substitutable medicine in paragraph (a) of column 3; and (ii) dispenses patches that are of the same brand; (b) the pharmacist has advised the patient, or person acting on behalf of the patient, of: (i) the number of dose units of substitutable medicine that must be administered to the patient in substitution for the prescribed dose of scarce medicine, based on the dose unit equivalence specified in column 4; and (ii) suitable instructions for administering the substitutable medicine |
Note: See section 6.
General permitted circumstances | |
Column 1 | Column 2 |
Item | Circumstances |
1 | the patient, or person acting on behalf of the patient, has evidence of a valid prescription for the scarce medicine, unless otherwise permitted by law |
2 | the pharmacist does not have access to the scarce medicine |
3 | the prescriber has not indicated on the prescription for the scarce medicine that substitution is not permitted |
4 | the pharmacist has exercised professional judgement and determined that the patient is suitable to receive the substitutable medicine |
5 | the amount of substitutable medicine dispensed would result in the patient receiving sufficient medicine to ensure an equivalent dosage regimen and duration to that prescribed in relation to the scarce medicine |
6 | the patient, or person acting on behalf of the patient, has consented to receiving the substitutable medicine |
7 | the pharmacist makes a record of dispensing the substitutable medicine in substitution of the scarce medicine at the time of dispensing |
8 | the pharmacist has an established procedure to notify the prescriber of the substitution at the time of, or as soon as practical after, dispensing the substitutable medicine |
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | orig = original |
am = amended | p = page(s) |
amdt = amendment | para = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
ch = Chapter(s) | pres = present |
cl = clause(s) | prev = previous |
cont. = continued | (prev…) = previously |
def = definition(s) | pt = Part(s) |
Dict = Dictionary | r = regulation(s)/Court rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | /rule(s)/subrule(s)/order(s)/suborder(s) |
LIA = Legislative Instruments Act 2003 | sch = Schedule(s) |
(md not incorp) = misdescribed amendment | SLI = Select Legislative Instrument |
cannot be given effect | SR = Statutory Rules |
mod = modified/modification | sub ch = Sub‑Chapter(s) |
No. = Number(s) | sub div = Subdivision(s) |
Ord = Ordinance | sub pt = Subpart(s) |
| underlining = whole or part not |
| commenced or to be commenced |
Name | Registration | Commencement | Application, saving and transitional provisions |
Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Estradiol) Instrument 2024 | 14 Nov 2024 (F2024L01453) | 19 Nov 2024 | — |
Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Estradiol) Amendment Instrument 2026 | 22 Jan 2026 (F2026L00040) | 31 Jan 2026 | — |
Provision affected | How affected |
s 2…………………………………. | rep LA s 48D |
s 7…………………………………. | rs F2026L00040 |
s 8…………………………………. | rs F2026L00040 |