Federal Register of Legislation
Therapeutic Goods Amendment (Poisons Standard) Act 2008
No. 9, 2008
An Act to amend the Therapeutic Goods Act 1989, and for related purposes
Contents 1 Short title 2 Commencement 3 Schedule(s)
Schedule 1—Amendments Therapeutic Goods Act 1989
Therapeutic Goods Amendment (Poisons Standard) Act 2008
No. 9, 2008
An Act to amend the Therapeutic Goods Act 1989, and for related purposes
[Assented to 20 March 2008]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Therapeutic Goods Amendment (Poisons Standard) Act 2008.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Therapeutic Goods Act 1989
1 Subsection 3(1) Insert:
Federal Court means the Federal Court of Australia.
2 After subsection 52D(4) Insert:
(4A) An instrument made under paragraph (2)(a) or (b) after the commencement of this subsection is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.
3 At the end of Part 6‑3 Add:
52EA Poisons Standard—validation etc.
Scope
(1) This section applies to the following instruments: (a) the first Poisons Standard; (b) an instrument made under paragraph 52D(2)(a) or (b) before the commencement of this section; whether or not the instrument is in force as at the commencement of this section.
Disallowance
(2) Section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply, and is taken never to have applied, to the instrument.
Deemed registration etc.
(3) If: (a) the instrument was required to be registered under Division 2 of Part 4 of the Legislative Instruments Act 2003; and (b) the instrument was not registered; that Act has effect, and is taken always to have had effect, as if: (c) the instrument had been lodged for registration immediately after the instrument was made; and (d) the instrument had been registered immediately after it was lodged for registration; and (e) any other requirement imposed by that Act in relation to the instrument had been met.
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