Therapeutic Goods Act 2001 (Tas)

Therapeutic Goods Act 2001

An Act to apply as laws of Tasmania laws of the Commonwealth relating to therapeutic goods, to regulate the supply and use in Tasmania of certain therapeutic goods, to provide for related matters and to repeal the Therapeutic Goods and Cosmetics Act 1976 [Royal Assent 17 December 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Therapeutic Goods Act 2001 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – animal means any animal (other than a human being), whether vertebrate or invertebrate, and includes but is not limited to – (a) mammals, birds, bees, reptiles, amphibians, fish, crustaceans and molluscs; and (b) the semen, ova or embryo of an animal (other than a human being) or any other substance or thing directly relevant to the reproduction of an animal (other than a human being); applied provisions means the Commonwealth therapeutic goods laws that apply as a law of Tasmania because of section 6 ; authority means an authority issued and in force for the purposes of this Act or the regulations; automatic machine means any machine or mechanical device used or capable of being used for the purpose of supplying goods without the personal manipulation or attention of the supplier or the supplier's employee or other agent at the time of supply; Commonwealth Act means the Therapeutic Goods Act 1989 of the Commonwealth; Commonwealth administrative laws means the following Acts and regulations of the Commonwealth: (a) the Administrative Appeals Tribunal Act 1975; (b) the Freedom of Information Act 1982; (c) the Ombudsman Act 1976; (d) the Privacy Act 1988; (e) the regulations in force under any of those Acts; Commonwealth Department means the Department of Human Services and Health or such other Department of the Commonwealth as is the relevant Department for the purposes of the Commonwealth therapeutic goods laws; Commonwealth Secretary means the Secretary of the Commonwealth Department; Commonwealth therapeutic goods laws means – (a) the Therapeutic Goods Act 1989 of the Commonwealth; and (b) all regulations, orders and manufacturing principles in force under that Act; exempt goods has the same meaning as in the Commonwealth Act; licence means a licence issued and in force for the purposes of this Act; listed goods has the same meaning as in the Commonwealth Act; occupier, in relation to premises, includes a person in charge of those premises; Poisons List has the same meaning as in the Poisons Act 1971 ; premises includes any structure, building, aircraft, vehicle, vessel or place (whether built upon or not), and any part thereof; registered goods has the same meaning as in the Commonwealth Act; registered veterinary surgeon has the same meaning as in the Veterinary Surgeons Act 1987 ; regulations means regulations made under this Act; sell includes sell, whether by wholesale or retail, barter and exchange, and also includes dealing in, agreeing to sell, offering or exposing for sale, keeping or having in possession for sale, sending, forwarding, delivering or receiving for sale or on sale, or authorising, directing, causing, suffering, permitting or attempting any such acts or things; supply includes – (a) sell, dispense and distribute; and (b) supply, whether free of charge or otherwise, by way of sample or advertisement; and (c) supply, whether free of charge or otherwise, in the course of testing for safety or efficacy on persons or animals; and (d) agree or offer to sell or distribute; and (e) keep or have in possession for sale, dispensing or distribution; and (f) send, forward, deliver or receive for sale, dispensing or distribution; and (g) authorise, direct, cause, suffer, permit or attempt any act mentioned in paragraph (a) , (b) , (c) , (d) , (e) or (f) ; supply by wholesale, in relation to goods, means – (a) supply of the goods for the purposes of resupply; or (b) supply of an ingredient for the purposes of incorporation in the goods – and includes supply of the goods in wholesale quantities for use – (c) in a public institution; or (d) in connection with the carrying on by persons, in circumstances prescribed by the regulations, of any activity so prescribed; therapeutic device has the same meaning as in the Commonwealth Act; therapeutic goods has the same meaning as in the Commonwealth Act.