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THERAPEUTIC GOODS ACT 1989 - SECT 32CB

Minister may make exemptions

             (1)  The Minister may, by writing, exempt specified biologicals from the operation of Division 4.

Note 1:       For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901 .

Note 2:       There are criminal offences and a civil penalty relating to biologicals exempt under this section not conforming to standards etc.: see section 32CJ.

          (1A)  The Minister may make an exemption under subsection (1) only if the Minister is satisfied of the matter in subsection (2) or (2A).

             (2)  The matter in this subsection is that in the national interest, the exemption should be made so that:

                     (a)  the biologicals may be stockpiled as quickly as possible in order to create a preparedness to deal with a potential threat to public health that may be caused by a possible future emergency; or

                     (b)  the biologicals can be made available urgently in Australia in order to deal with an actual threat to public health caused by an emergency that has occurred.

          (2A)  The matter in this subsection is that:

                     (a)  a national emergency declaration is in force; and

                     (b)  either of the following apply:

                              (i)  the exemption should be made so that the biologicals may be stockpiled to deal with a potential threat to public health that may be caused by the emergency to which the national emergency declaration relates;

                             (ii)  the exemption should be made so that the biologicals can be made available urgently in Australia in order to deal with an actual threat to public health caused by the emergency to which the national emergency declaration relates; and

                     (c)  the Minister is satisfied that the exemption is in the national interest.

Period of exemption

             (3)  An exemption under subsection (1) comes into force:

                     (a)  on the day the exemption is made; or

                     (b)  on a later day specified in the exemption.

             (4)  An exemption under subsection (1) remains in force for the period specified in the exemption, unless revoked earlier.

Note:          Section 32CD deals with variation and revocation of the exemption.

Effect of inclusion of biological in the Register

             (5)  An exemption under subsection (1) ceases to have effect in relation to a particular biological when that biological becomes included in the Register under Division 4.

Exemption not a legislative instrument

             (6)  An exemption under subsection (1) is not a legislative instrument.



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