Therapeutic Goods (Emergency) Exemption 2006 (No. 3)

Administered by Department of Health, Disability and Ageing

Legislation au F2006L04016 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Subject: Instrument of Exemption under subsection 18A(1) of the Therapeutic Goods Act 1989 (the Act) for the purposes of paragraph 18A(2)(a) of the Act, to allow the stockpiling in Australia of a specified quantity of an unregistered immunoglobulin preparation that can be used to combat disseminated infection with the vaccinia virus (the virus used to immunise against smallpox) or for the ttreatment of suspected or proven smallpox infection in humans, required in the national interest to create a preparedness to deal with a potential terrorist threat.

 

 

The Australian Government has a mechanism in place whereby therapeutic goods that are unapproved and unavailable in Australia, but might be needed in preparation for, or during a terrorist threat or attack, could legally be imported and/or supplied in Australia under strictly controlled conditions.  Therapeutic goods that are within the scope of this proposed action may not have been assessed by the Therapeutic Goods Administration (TGA) for quality, safety and efficacy and thus are not able to be legally supplied and used in Australia under normal circumstances.

 

Section 18A of the Therapeutic Goods Act 1989 (the Act) allows the Minister for Health and Ageing to exempt specified therapeutic goods from the rigorous registration or listing procedure under the Act so that they can be available for supply in Australia.  However, this power may only be exercised where it is considered to be in the national interest that (a) goods be stockpiled in preparation for a potential threat to public health caused by a possible future emergency, or (b) goods are required in response to an actual threat to public health caused by an actual emergency (refer to subsection 18A(2)). 

 

The exemption made under subsection 18A(1) of the Act must be a written instrument. The signed instrument specifies the therapeutic goods that are exempt from the requirement of having to be entered on the Australian Register of Therapeutic Goods.  Thus, these goods may be legally distributed, supplied and used for treatment in accordance with the conditions set out in the written instrument.

 

The exemption given for the purposes of paragraph 18A(2)(a) of the Act to allow stockpiling, as distinct from use against actual threat to public health (paragraph 18A(2)(b) of the Act), is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. The exemption is subject to conditions which may include: the period for which the exemption is to have effect; the quantity of goods that are  exempt; the source of those goods; the person or persons who can import the goods; the supply of those goods; record keeping requirements; storage and security requirements of those goods; and disposal of those goods. 

 

The purpose of this instrument is to allow the stockpiling in Australia of an unregistered immunoglobulin against the vaccinia virus, the agent used to vaccinate against smallpox virus infection. This is considered necessary for instances when complications arise from the smallpox vaccination, such as when it is inadvertently given to an immunosuppressed individual or similar, and widespread infection occurs rather than the typical raised lesion at the vaccination site. The immunoglobulin is also proposed to be used for the treatment of suspected or proven infection with the smallpox virus.

 

This exemption instrument permits the stockpiling of 500 15 ml vials of VIG Vaccinia Immunoglobulin (VIG immunoglobulin), of not less than 50,000 units per vial, and manufactured by Cangene Corporation, 104 Chancellor Matheson Road, Winnipeg, Manitoba, Canada, R3T 5Y3. This supply of immunoglobulin is intended to maintain a stockpile in Australia. The exemption instrument specifies the indication for which the goods can be used, that is, it can only be used for the treatment of uncontrolled vaccinia infection (the virus used in smallpox vaccination) or treatment of suspected or proven smallpox virus infection in humans.   It also makes it clear that the goods will be kept under the strict control of the Australian Government. 

 

For reasons of security, certain facts relating to the conditions of storage have not been stated in detail in the instrument. The non-specific nature of the storage site and distribution conditions is made for both reasons of security, as well as to provide a degree of flexibility for the supply and use of the medicine.

 

The VIG immunoglobulin, which is the subject matter of this exemption, is not registered in Australia (i.e. has not undergone assessment for quality, safety and efficacy by the Therapeutic Goods Administration).   However, it has been given a form of registration in the USA by the Food and Drug Administration, where the registration is subject to the future provision of additional information about the safety and efficacy of the product, once such data are generated.

 

This supply of VIG Immunoglobulin is intended to maintain a stockpile in Australia for   potential treatment of complications of vaccination against the smallpox virus, and suspected or proven smallpox infection.

 

The exemption takes effect the day after it is registered in the Federal Register of Legislative Instruments and expires on the earlier of the following: 31 August 2014; or when the goods receive a marketing approval in Australia for the treatment of complications of vaccination against infection by the smallpox virus and treatment of infection with the smallpox virus itself;

 

A regulatory impact statement does not accompany this instrument as this exemption is regarded as having no impact on industry in general, and is considered a necessary public health measure in order to create a preparedness for the Commonwealth Government to deal with a bioterrorism attack involving the smallpox virus, or with complications surrounding vaccination of Australians against smallpox infection.

 

 

 

Overview

The F2006L04016 Instrument of Exemption under subsection 18A(1) of the Therapeutic Goods Act 1989 was enacted to address the need for preparedness against a potential terrorist threat involving the smallpox virus. The Act allows the Minister for Health and Ageing to exempt certain therapeutic goods from the usual registration requirements if it is deemed to be in the national interest for stockpiling purposes. This exemption is specifically for the stockpiling of an unregistered immunoglobulin preparation, known as VIG Vaccinia Immunoglobulin, manufactured by Cangene Corporation. This immunoglobulin is intended for the treatment of complications arising from smallpox vaccination and for managing suspected or proven smallpox infections. The exemption, which is a disallowable instrument, comes into effect after its registration in the Federal Register of Legislative Instruments and will remain in force until 31 August 2014 or until the immunoglobulin receives marketing approval in Australia, whichever is earlier. The policy objective is to ensure that Australia has a strategic stockpile of this immunoglobulin to counter potential public health emergencies related to smallpox, thereby enhancing national preparedness for a bioterrorism attack.

Scope and Application

The Instrument of Exemption under subsection 18A(1) of the Therapeutic Goods Act 1989 facilitates the stockpiling of a specific quantity of an unregistered immunoglobulin preparation intended to combat disseminated infection with the vaccinia virus, used in smallpox vaccination, or to treat suspected or proven smallpox infection in humans. This measure is deemed necessary for national preparedness against potential terrorist threats. The Act applies to the Minister for Health and Ageing who can exempt specified therapeutic goods from the usual registration or listing procedure under the Act if it is in the national interest to stockpile these goods for a potential threat or to use them in response to an actual threat to public health. The exemption applies to the stockpiling of 500 vials of VIG Vaccinia Immunoglobulin manufactured by Cangene Corporation, intended for treating uncontrolled vaccinia infection or suspected or proven smallpox infection in humans. This exemption is subject to stringent conditions, including the period of effect, quantity, source, import and supply controls, record-keeping, storage, security, and disposal requirements, all aimed at maintaining strict governmental control over the immunoglobulin. The exemption is subject to disallowance and expires upon the earlier of 31 August 2014 or when the goods receive marketing approval in Australia. This exemption does not extend to other therapeutic goods and is not accompanied by a regulatory impact statement, as it is considered a necessary public health measure with no general industry impact.

Key Provisions

The key operative sections of the F2006L04016 Instrument of Exemption, under subsection 18A(1) of the Therapeutic Goods Act 1989, allow the exemption of a specified quantity of an unregistered immunoglobulin preparation against the vaccinia virus, used to immunise against smallpox, from the usual registration process for therapeutic goods (section 18A(2)(a)). This exemption is permitted to stockpile the immunoglobulin in Australia, primarily to prepare for potential complications arising from smallpox vaccinations and to treat suspected or proven smallpox infections. This measure is intended to create a preparedness to deal with a potential terrorist threat or an emergency situation. The exemption is a written instrument that specifies the details of the goods that are exempt, including the quantity, source, and conditions under which the goods can be imported, supplied, stored, and disposed of. The Act imposes specific obligations and requirements on the parties involved in the stockpiling and use of the unregistered immunoglobulin. The Minister for Health and Ageing, through the exemption instrument, must detail the conditions under which the goods can be imported, supplied, stored, and disposed of. The goods, which are not registered in Australia, must be sourced from Cangene Corporation, located in Winnipeg, Manitoba, Canada, and must contain not less than 50,000 units per 15 ml vial. The immunoglobulin can only be used for the treatment of uncontrolled vaccinia infection or for the treatment of suspected or proven smallpox virus infection in humans. The goods must be kept under strict government control, and the storage conditions are specified to ensure security and flexibility in the supply and use of the medicine. The exemption instrument also outlines the potential consequences for breaches of the conditions set by the exemption. While specific offences and penalties are not detailed in the Act, the exemption is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning that it can be challenged and disallowed by Parliament. The exemption takes effect the day after it is registered in the Federal Register of Legislative Instruments and expires on the earlier of 31 August 2014 or when the goods receive a marketing approval in Australia for the treatment of complications of vaccination against infection by the smallpox virus and treatment of infection with the smallpox virus itself. The Act does not specify any particular criminal or civil penalties for breaches, but the implications of not adhering to the conditions could include the disallowance of the exemption by Parliament or the potential for legal action related to the unauthorised use or distribution of the unregistered therapeutic goods.

Legal classification tags

Area of Law
Health Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations
Prohibited Conduct

Interactions

Authorises

All Versions

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.