Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 4

Objects of Act

  (1)   The objects of this Act are to do the following, so far as the Constitution permits:

  (a)   provide for the establishment and maintenance of a national system of controls relating to the quality, safety, efficacy and timely availability of therapeutic goods that are:

  (i)   used in Australia, whether produced in Australia or elsewhere; or

  (ii)   exported from Australia;

  (b)   to provide a framework for the States and Territories to adopt a uniform approach to control the availability and accessibility, and ensure the safe handling, of poisons in Australia;

  (c)   provide for a scheme allowing pharmacists to substitute certain medicine for other medicine if the Minister has declared there is a serious scarcity of the other medicine.

  (1A)   The reference in paragraph   (1)(a) to the efficacy of therapeutic goods is a reference, if the goods are medical devices, to the performance of the devices as the manufacturer intended.

  (2)   This Act is therefore not intended to apply to the exclusion of a law of a State, of the Australian Capital Territory or of the Northern Territory to the extent that the law is capable of operating concurrently with this Act.


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