Commonwealth Coat of Arms of Australia

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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

  For paragraph 30EK(1)(b) of the Act, in relation to each item in the table in Schedule 1, the medicine specified in column 3 (the substitutable medicine) is permitted to be dispensed by a pharmacist in substitution for the scarce medicine specified in column 2, in the circumstances specified in:

 (a) column 5 of that item (the specific permitted circumstances); and

 (b) the table in Schedule 2 (the general permitted circumstances).

Note: Substitution is only permitted where both the specific permitted circumstances and the general permitted circumstances exist.

  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

/subsubparagraph(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 = SubChapter(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