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THERAPEUTIC GOODS ACT 1989 - SECT 26BF

Permissible indications

  (1)   The Minister may, by legislative instrument, make a determination in relation to either or both of the following:

  (a)   indications;

  (b)   requirements in relation to indications.

Note:   See paragraphs 26A(2)(fba), (fd) and (fe) (which deal with matters that a person seeking the listing of a medicine under section   26A must certify).

  (2)   In deciding whether to make a determination under subsection   (1) in relation to a particular indication, the Minister may have regard to whether the indication is a therapeutic use that relates to one or more of the following:

  (a)   maintaining health;

  (b)   enhancing health;

  (c)   preventing a dietary deficiency;

  (d)   a disease, ailment, defect or injury, other than a serious form of the disease, ailment, defect or injury.

  (3)   Subsection   (2) does not limit the matters to which the Minister may have regard in deciding whether to make a determination under subsection   (1) in relation to a particular indication.

  (4)   Without limiting paragraph   (1)(b), the requirements may relate to:

  (a)   the use of particular indications in specified circumstances; or

  (b)   the use of particular indications if certain specified conditions are met.

  (5)   A determination under paragraph   (1)(b) may make different provision for different classes of medicines.

  (6)   Despite subsection   14(2) of the Legislation Act 2003 , a determination under subsection   (1) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.


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