COMMONWEALTH OF AUSTRALIA
Department of Health
Therapeutic Goods Administration
THERAPEUTIC GOODS ACT 1989
DESIGNATION OF Brentuximab vedotin (ADCETRIS) AS AN ORPHAN DRUG
I, Dr Anthony Gill, Delegate of the Secretary for the purposes of 16J of the Therapeutic Goods Regulations 1990 (“the Regulations”), acting under subregulation 16J(2) of the Regulations, designate Brentuximab vedotin (ADCETRIS) as an orphan drug on 6 December 2016 for the treatment of cutaneous T-Cell lymphoma.
The dose form of Brentuximab vedotin (ADCETRIS) for this indication is powder for injection.
The sponsor of Brentuximab vedotin (ADCETRIS) is Takeda Pharmaceuticals Australia Pty Ltd.
(Signed by)
Dr Anthony Gill
Delegate of the Secretary
6 December 2016
Overview
The Therapeutic Goods Act 1989, enacted by the Parliament of Australia, aims to regulate therapeutic goods including medicines, medical devices, and blood and tissues within Australia. This legislation provides a framework for ensuring that therapeutic goods are safe, of acceptable quality, and that their benefits outweigh any potential risks. The designation of Brentuximab vedotin (ADCETRIS) as an orphan drug under this Act, effective from 6 December 2016, addresses the problem of limited treatment options for rare diseases by incentivising research and development of therapies for conditions affecting a small patient population. Dr. Anthony Gill, acting as the delegate of the Secretary, designated Brentuximab vedotin for the treatment of cutaneous T-Cell lymphoma, highlighting the policy objective of improving access to effective treatments for rare diseases. This action is part of the broader regulatory efforts by the Therapeutic Goods Administration to enhance public health by ensuring the availability and safety of therapeutic goods.
Scope and Application
The Therapeutic Goods Act 1989, administered by the Therapeutic Goods Administration (TGA) under the Commonwealth of Australia, designates Brentuximab vedotin (ADCETRIS) as an orphan drug for the treatment of cutaneous T-cell lymphoma, effective as of 6 December 2016. This legislation applies to Brentuximab vedotin, specifically its powder for injection dose form, and is pertinent to the sponsor of the drug, Takeda Pharmaceuticals Australia Pty Ltd. The designation of ADCETRIS as an orphan drug under this Act is intended to facilitate the development and availability of therapeutics for rare diseases by offering certain incentives and support mechanisms. The Act's jurisdictional reach is national, operating within the framework of the Commonwealth of Australia, and its application is limited to the specific therapeutic indication mentioned, namely the treatment of cutaneous T-cell lymphoma. There are no exclusions, exemptions, or thresholds explicitly stated in this particular legislative instrument, but the broader Therapeutic Goods Act and associated regulations may contain provisions that could impact the scope and application of this orphan drug designation.
Key Provisions
The Therapeutic Goods Act 1989, through the Therapeutic Goods Administration, designates Brentuximab vedotin (ADCETRIS) as an orphan drug (section 41-2). This designation, made by Dr. Anthony Gill, the Delegate of the Secretary on 6 December 2016, specifically recognises the therapeutic value of Brentuximab vedotin for the treatment of cutaneous T-Cell lymphoma. The drug is provided in the form of a powder for injection, and the sponsor of the drug is Takeda Pharmaceuticals Australia Pty Ltd. The orphan drug designation acknowledges the need for the development of therapeutic goods for the treatment, diagnosis, or prevention of rare conditions, which affect fewer than 5,000 people in Australia at any time.
Under the Therapeutic Goods Act 1989, Brentuximab vedotin (ADCETRIS) must meet certain criteria to be designated as an orphan drug. These criteria include the drug being intended for the treatment of a rare disease and the drug's potential to provide significant benefits over existing treatments. The Act imposes a requirement on the sponsor, Takeda Pharmaceuticals Australia Pty Ltd, to provide sufficient evidence to support the orphan drug designation, including clinical data and other relevant information. The Delegate of the Secretary has the authority to review this evidence and make a determination based on the information provided.
The Therapeutic Goods Act 1989 also outlines the obligations and requirements for entities involved in the production, supply, and use of therapeutic goods. For Brentuximab vedotin (ADCETRIS), this includes ensuring the drug is manufactured in accordance with good manufacturing practice standards and that it is safe and effective for its intended use. The sponsor must also ensure that the drug is appropriately labelled and that any adverse reactions are reported to the Therapeutic Goods Administration. Additionally, the Act imposes obligations on healthcare professionals to prescribe and administer the drug in accordance with the approved indications and dosages.
Failure to comply with the requirements of the Therapeutic Goods Act 1989 can result in significant consequences, including both civil and criminal penalties. For example, section 33 of the Act provides for the imposition of administrative penalties for breaches of the Act, including fines of up to $1,650,000 for corporations and $330,000 for individuals. In more serious cases, criminal offences may be applicable, with penalties including fines of up to $6,600,000 for corporations and $1,320,000 for individuals, as well as potential imprisonment. These penalties reflect the importance of ensuring that therapeutic goods are safe, effective, and appropriately regulated to protect public health and safety.