COMMONWEALTH OF AUSTRALIA
Department of Health
Therapeutic Goods Administration
THERAPEUTIC GOODS ACT 1989
PUBLICATION OF LIST OF MANUFACTURERS SUSPENDED FROM LICENSING FOR
THE MANUFACTURE OF THERAPEUTIC GOODS
I, Dr Harry Rothenfluh, Delegate of the Secretary of the Department of Health for the purpose of Section 41 of the Therapeutic Goods Act 1989, hereby publish the following details concerning the suspension of a Licence to Manufacture Therapeutic Goods:
Under Section 41(1)(d) of the Therapeutic Goods Act 1989 the Secretary by notice in writing has suspended the Licence held by:
Veolia Environmental Services (Australia) Pty Ltd – LICENCE NO. 83579 OF 540 Churchill Road, KILBURN, SA, 5084 – AT THE REQUEST OF THE MANUFACTURER. THE SUSPENSION TAKES EFFECT FROM 28 September 2015 TO 04 September 2016.
Signed by
Dr Harry Rothenfluh
Delegate of the Secretary
Manufacturing Quality Branch
30 September 2015
Overview
The Therapeutic Goods Act 1989, enacted by the Commonwealth Parliament, was introduced to regulate the quality, efficacy, and safety of therapeutic goods available in Australia. This legislation aims to ensure that therapeutic goods are appropriately manufactured, supplied, and advertised, thereby protecting public health. The Act provides the legal framework for the Therapeutic Goods Administration (TGA) to enforce these standards through licensing, monitoring, and enforcement mechanisms. In the context of the Therapeutic Goods Act, the publication of the suspension of a manufacturer's licence serves to uphold these objectives by ensuring that only goods meeting stringent regulatory standards are made available to consumers. The policy objective of this particular legislative measure is to maintain high standards in the manufacturing of therapeutic goods by preventing the distribution of potentially unsafe or substandard products, thereby safeguarding public health and safety.
Scope and Application
The Therapeutic Goods Act 1989 applies to various entities and individuals involved in the production, supply, and advertising of therapeutic goods within Australia. This includes manufacturers, importers, sponsors, and distributors of therapeutic goods, which encompass medicines, medical devices, blood, and tissues. The Act extends to the entire Commonwealth of Australia, providing a national framework for the regulation of therapeutic goods. However, the Act does not cover all goods, as certain items such as food, cosmetics, and most devices not classified as therapeutic goods are excluded from its scope. Additionally, the Act includes provisions for exemptions and thresholds, particularly for low-risk therapeutic goods, which are subject to less stringent regulatory oversight. The application of the Therapeutic Goods Act can be further extended or modified through subordinate instruments such as regulations and codes, which provide detailed operational guidelines and standards for compliance. These instruments help to ensure that the overarching objectives of the Act are met in a consistent and effective manner across the industry.
Key Provisions
The Therapeutic Goods Act 1989, as outlined in the document published by the Therapeutic Goods Administration, provides a mechanism for the suspension of licences for the manufacture of therapeutic goods. Specifically, Section 41(1)(d) of the Act allows the Secretary to suspend a licence upon written notice. In this instance, the licence held by Veolia Environmental Services (Australia) Pty Ltd, identified by Licence No. 83579, has been suspended from 28 September 2015 to 4 September 2016. This suspension was executed at the request of the manufacturer itself, indicating an agreement or compliance issue that prompted the action. The suspension effectively halts the company’s ability to manufacture therapeutic goods during this period.
The obligations imposed by the Act on entities such as Veolia Environmental Services (Australia) Pty Ltd primarily revolve around maintaining compliance with the standards set forth by the Therapeutic Goods Administration. Manufacturers must ensure that their practices, facilities, and products adhere to all relevant regulations and guidelines to avoid any potential suspension of their licence. The Act also mandates that any changes in operational status or compliance issues must be communicated promptly to the appropriate authorities to facilitate timely and effective regulatory oversight.
Failure to comply with the requirements of the Therapeutic Goods Act 1989 can result in severe consequences, including the suspension of licences as seen in this case. The Act stipulates that such suspensions can lead to significant operational disruptions and potential financial penalties. While the document does not explicitly state the maximum penalties for non-compliance, it is understood that breaches of the Act can lead to substantial fines and, in some cases, criminal charges. These measures are designed to enforce adherence to the high standards of safety and efficacy required for therapeutic goods in Australia.