Therapeutic Goods (Clinical Trial Inspections) Specification (No. 2) 2020

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Legislation au F2020L01017 In force Legislative Instrument

Legislation content

 

Therapeutic Goods (Clinical Trial Inspections) Specification (No. 2) 2020

made under subsection 61(5AB) of the

Therapeutic Goods Act 1989

Compilation No. 1

Compilation date: 19 September 2024

Includes amendments: F2024L01177

About this compilation

This compilation

This is a compilation of the Therapeutic Goods (Clinical Trial Inspections) Specification (No. 2) 2020 that shows the text of the law as amended and in force on 19/09/2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

Contents

1  Name

3  Authority

4  Definitions

5  Release of therapeutic goods information

Schedule 1—Therapeutic goods information

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Therapeutic Goods (Clinical Trial Inspections) Specification (No. 2) 2020.

3  Authority

  This instrument is made under subsection 61(5AB) of the Therapeutic Goods Act 1989.

4  Definitions

Note: A number of expressions used in this instrument are defined in subsection 3(1) of the Act, including the following:

(a) medical device;

(b) Secretary; and

(c) therapeutic goods.

  In this instrument:

Act means the Therapeutic Goods Act 1989.

approving authority, in relation to a clinical trial of therapeutic goods, means a person, body or organisation:

 (a) at whose site the clinical trial, or part of the clinical trial, is being conducted; and

 (b) who is responsible for the governance of the clinical trial, other than in relation to those matters within the remit of the responsible ethics committee, at that site.

authorised officer has the same meaning as in the Regulations.

MD Regulations means the Therapeutic Goods (Medical Devices) Regulations 2002.

National Statement means the National Statement on Ethical Conduct in Human Research published by the National Health and Medical Research Council, as in force or existing at the commencement of this instrument.

Note: The National Statement is published on the internet at www.nhmrc.gov.au.

Practice Guideline means the Integrated Addendum to ICH E6(R1): Guideline for Good Clinical Practice E6(R2) published by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use (ICH), as in force or existing at the commencement of this instrument.

Note: The Practice Guideline is published on the internet at www.ich.org and may be accessed through www.tga.gov.au.

procedural protocol, otherwise known as trial protocol, in relation to a clinical trial of therapeutic goods, means the protocol that describes the objectives, design, methodology, statistical considerations and organisation of the clinical trial.

Regulations means the Therapeutic Goods Regulations 1990.

relevant authorised officer, in relation to a clinical trial of therapeutic goods, means:

 (a) the authorised officer who has exercised powers in accordance with regulation 12AC of the Regulations in relation to the clinical trial; or

 (b) the authorised person who has exercised powers in accordance with regulation 7.4 of the MD Regulations in relation to the clinical trial.

responsible ethics committee, in relation to a clinical trial of therapeutic goods, means the ethics committee that is responsible for approving the procedural protocol and monitoring the conduct of the clinical trial at each trial site.

Therapeutic Goods Administration has the same meaning as in the Regulations.

therapeutic goods information has the meaning given by subsection 61(1) of the Act.

5  Release of therapeutic goods information

For subsection 61(5AA) of the Act, in relation to each item, the kinds of therapeutic goods information specified in column 2 of the table in Schedule 1, may be released to the kinds of persons or bodies specified in column 3, for the purpose specified in column 4 of that table.

Note: Under subsection 61(5AA) of the Act, the Secretary may release to a person or body that is specified under subsection 61(5AB), specified kinds of therapeutic goods information for a specified purpose.


Schedule 1—Therapeutic goods information

Note: See section 5.

 

Therapeutic goods information that may be released

Column 1

Column 2

Column 3

Column 4

Item

Kinds of information

Kinds of persons or bodies

Purpose

1

in relation to a clinical trial of therapeutic goods (the relevant trial), information about the conduct of the relevant trial that has been obtained by a relevant authorised officer, including information that relates to compliance of the relevant trial with:

(a) the National Statement;

(b) the procedural protocol;

(c) the Practice Guideline

the following persons or bodies in relation to the relevant trial:

(a) the approving authority;

(b) the responsible ethics committee

to ensure that clinical trials are conducted in a safe and lawful manner, including in accordance with applicable ethics and good clinical practice considerations

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Therapeutic Goods (Clinical Trial Inspections) Specification (No. 2) 2020

13 August 2020

(F2020L01017)

14 August 2020

Therapeutic Goods (Clinical Trial Inspections) Amendment Specification 2024

18 September 2024

(F2024L01177)

19 September 2024

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2………………………………..

rep LA s 48D

s 4………………………………..

s 6………………………………..

am F2024L01177

rep LA s 48C

Schedule 1……………………….

Schedule 2……………………….

am F2024L01177

rep LA s 48C

 

Overview

The Therapeutic Goods (Clinical Trial Inspections) Specification (No. 2) 2020 was enacted to provide a framework for the release of therapeutic goods information obtained during clinical trial inspections, ensuring that such information is shared appropriately to maintain the integrity and safety of clinical trials. This legislative instrument was made under subsection 61(5AB) of the Therapeutic Goods Act 1989 by the Therapeutic Goods Administration, with the aim of facilitating the oversight and monitoring of clinical trials by relevant authorities. It allows for the release of specific types of information to authorised parties, such as approving authorities and responsible ethics committees, to support the lawful and ethical conduct of clinical trials in Australia. This legislation ensures that clinical trials are conducted in accordance with established ethical standards and good clinical practice guidelines.

Scope and Application

The Therapeutic Goods (Clinical Trial Inspections) Specification (No. 2) 2020 is a legislative instrument made under the Therapeutic Goods Act 1989, governing the release of information obtained during inspections of clinical trials of therapeutic goods. This specification applies to information obtained by authorised officers in relation to clinical trials of therapeutic goods, particularly those trials conducted in compliance with the National Statement on Ethical Conduct in Human Research and the Practice Guideline for Good Clinical Practice. The specification delineates that information about the conduct of clinical trials, including compliance with ethical standards and good clinical practices, may be released to specific entities such as approving authorities and responsible ethics committees for the purpose of ensuring that clinical trials are conducted safely and lawfully. The scope of the Act extends to the Commonwealth jurisdiction, and it includes provisions that may be further defined or restricted through subordinate instruments. There are no stated exclusions or exemptions in the primary text, although the detailed application and release of information are subject to the regulations and amendments as noted in the endnotes.

Key Provisions

The Therapeutic Goods (Clinical Trial Inspections) Specification (No. 2) 2020 outlines the kinds of therapeutic goods information that may be released under section 61(5AA) of the Therapeutic Goods Act 1989 (sections 4 and 5). Specifically, section 5 allows for the release of information related to the conduct of a clinical trial, obtained by an authorised officer, to the approving authority and the responsible ethics committee of the trial, for the purpose of ensuring the safe and lawful conduct of clinical trials in accordance with the National Statement on Ethical Conduct in Human Research and the Practice Guideline for Good Clinical Practice. The Act imposes obligations on the parties involved in clinical trials, including the requirement for the approving authority and the responsible ethics committee to be informed about the conduct of the trial and its compliance with relevant ethical and practice guidelines. These obligations are designed to ensure that clinical trials are conducted safely and ethically, and in compliance with relevant standards. Breaching the provisions of this legislation can result in civil and criminal penalties. Section 61(5AA) of the Therapeutic Goods Act 1989 allows for the imposition of penalties, including fines and imprisonment, for breaches related to the release or misuse of therapeutic goods information. The specific penalties are not detailed in this legislative instrument but can be found in the Therapeutic Goods Act 1989. The penalties aim to deter non-compliance and ensure the integrity and safety of clinical trials. The Therapeutic Goods (Clinical Trial Inspections) Specification (No. 2) 2020 amends previous specifications to enhance the regulatory framework for clinical trials, ensuring that therapeutic goods are tested and approved through rigorous and ethical processes. The amendments reflect ongoing efforts to improve the safety and efficacy of therapeutic goods available in the market.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.