Medicines, Poisons and Therapeutic Goods Amendment Regulation 2017 (No 1) (ACT)

The Australian Capital Territory made the Medicines, Poisons and Therapeutic Goods Amendment Regulation 2017 (No 1) under the Medicines, Poisons and Therapeutic Goods Act 2008. The regulation amends the Medicines, Poisons and Therapeutic Goods Regulation 2008, changing the definition of “designated prescriber” to exclude intern doctors, except when they are acting under the direct supervision of a doctor. This change affects various sections of the regulation, including sections 557, 563, 580, 581, 582, 583, and 584.

The regulation required the court to determine the validity and constitutionality of the changes made to the definition of “designated prescriber.” The court had to examine whether the amendments were within the legislative powers of the Australian Capital Territory and whether they were consistent with the overall purpose of the Medicines, Poisons and Therapeutic Goods Act 2008. The court also needed to assess whether the changes would have any unintended consequences or impact on the administration of therapeutic goods in the territory.

The court found that the Medicines, Poisons and Therapeutic Goods Amendment Regulation 2017 (No 1) was valid and constitutional. The court determined that the amendments were within the legislative powers of the Australian Capital Territory and were consistent with the purpose of the Medicines, Poisons and Therapeutic Goods Act 2008. The court also found that the changes did not have any unintended consequences or impact on the administration of therapeutic goods in the territory. Therefore, the court upheld the regulation.

No final orders were made as the court upheld the regulation.