Therapeutic Goods (Manufacturing Principles) Determination No. 1 of 1999

Administered by Department of Health, Disability and Ageing

Legislation au F2007B00454 Not in force Legislative Instrument

Legislation content

 

COMMONWEALTH OF AUSTRALIA

 

 

Therapeutic Goods Act 1989

 

 

Therapeutic Goods (Manufacturing Principles)

Determination No 1 of 1999

 

MP1/1999

 

I, TERENCE SLATER, delegate of the Minister for Health and Aged Care for the purpose of section 36 of the Therapeutic Goods Act 1989 and acting under subsection 36(1) of that Act, determine the following principles to be observed in the manufacture of all therapeutic goods for use in humans.

 

 

Dated 22nd July 1999                 Signed T SLATER

 

 

 

 

Delegate of the Minister for Health and Aged Care

 

Citation

 

  1.          This Determination may be cited as the Therapeutic Goods (Manufacturing
             Principles) Determination No 1 of 1999.

 

Commencement

 

2. This Determination commences on the date of gazettal.

 

    [Note: see Acts Interpretation Act 1901, s.46A and s.48.]

 

Revocation

 

3. This Determination revokes the previous Therapeutic Goods (Manufacturing 
         Principles) Determination number 3 of 1998 and all previous Determinations 
         made under subsection 36(1).

 

Interpretation

 

4. In this Determination, unless the contrary intention appears:

 

the Act” means the Therapeutic Goods Act 1989;

 

 

 

Page 1 of 5

Blood” means human donor blood collected for a number of purposes including plasma separation required to be licensed under Part 4 of the Act, where the plasma may be used for a number of purposes including the manufacture of further blood components required to be licensed under Part 4 of the Act;

 

Blood and Blood Components Code of GMP” means Sections 1-10, inclusive, and including the “Glossary” and “Corrigendum to clause 227” to, the document entitled “The Australian Code of Good Manufacturing Practice for Therapeutic Goods – Blood and Blood Components” published by the Commonwealth Department of Human Services and Health¹;

 

EN 46001 means the document entitled EN 46001:1996 “Quality systems - Medical devices - Particular requirements for the application of EN ISO 9001”; published by the European Standards Committee (CEN) Central Secretariat¹;

 

EN 46002 means the document entitled EN 46002:1996 “Quality systems – Medical devices - Particular requirements for the application of EN ISO 9002”; published by the European Standards Committee (CEN) Central Secretariat¹;

 

EN 566” means the document entitled EN 556: 1994 “Sterilization of medical devices – requirements for medical devices to be labelled ‘Sterile’”, published by the European Standards Committee (CEN) Central Secretariat¹;

 

Human Tissues Code of GMP” means Sections 1-10, inclusive, the “Glossary” and

“Corrigendum to clause 706” to, the document entitled the “Code of Good Manufacturing Practice for Therapeutic Goods – Human Tissues” published by the Commonwealth Department of Human Services and Health, September 1995¹;

 

Investigational Medicinal Products Code of GMP” means Clauses 1 to 53 inclusive, and the “Glossary” to the document entitled Annex 13 “Good Manufacturing Practice for Investigational Medicinal Products” of Volume 4 “Good manufacturing practices of the Rules Governing Medicinal Products in the European Union, 1997 Edition published by the European Commission Directorate General III – Industry, Pharmaceuticals and Cosmetics Unit¹.

 

ISO 9001” or “EN ISO 9001” means the document entitled AS/NZS ISO 9001:1994 “Quality systems – Model for quality assurance in design; development, production, installation and servicing”; published by Standards Australia¹;

 

ISO 9002” or “EN ISO 9002” means the document entitled AS/NZS ISO 9002:1994 “Quality systems – Model for quality assurance in production, installation and servicing”’ published by Standards Australia¹;

 

ISO 13485” means the document entitled ISO 13485 “Quality Systems – Medical devices – Particular requirements for the application of ISO 9001”; published by the International Standards Organisation¹;

 

ISO 13488” means the document entitles ISO 13488 “Quality Systems - Medical devices – Particular requirements for the application of ISO 9002”; published by the International Standards Organisation¹;

 

1. See NOTES on last page

page 2 of 5

 

Medicinal Gases Code of GMP” means Chapters 1-6 inclusive of the document entitled “The Australian Code of Good Manufacturing Practice for Therapeutic  Goods  - Medicinal Gases”, published by the Commonwealth Department of Health, Housing and Community Services in July 1992¹;

 

Medicinal Code of GMP” means:

 

     Part 1, being Chapters 1 to 9 inclusive, and the “Glossary” to, the document
     entitled the “Australian Code of Good Manufacturing Practice for Therapeutic
     Goods – Medicinal Products, published by the Commonwealth Department of
     Community Services and Health in August 1990¹; and

 


     the document entitled Annex 1 “Manufacture of Sterile Medicinal Products” of
     Volume 4 “Good manufacturing practices” of the Rules Governing Medicinal
     Products in the European Union, 1997 Edition, published by the European
     Commission Directorate General III –  Industry, Pharmaceuticals and Cosmetics 
     Unit¹.

 

Plasma” means plasma, separated from human donor blood, intended for a number of purposes including the production of further blood components required to be licensed under Part 4 of the Act;

 

Sunscreen Code of GMP” means Chapters 1 to 9 inclusive, and the “Glossary” to, the document entitled “Australian Code of Good Manufacturing Practice for Therapeutic Goods – Sunscreen Products” published by the Commonwealth Department of Human Services and Health in February 1994¹; and

 

Sunscreen Products” means those goods described under Item 7, Schedule 4 (Part 1)  of the Therapeutic Goods Regulations.

 

Compliance with a Quality Assurance System

 

5. Therapeutic goods must be manufactured in compliance with an approved
            Quality Assurance System as follows:

     (1)   Blood collection and plasma separation must be in compliance with the Blood
             and Blood Components Code of GMP;

     (2)   Drugs (including products derived from plasma but excluding sunscreen
             products, medicinal gases and investigational medicinal products) must be
             manufactured in compliance with the Medicinal Code of GMP;

     (3)   Human tissues must be manufactured in compliance with the Human Tissues
            Code of GMP;

     (4)   Investigational medicinal products must be manufactured in compliance with
             the  Investigational Medicinal Productions Code of GMP;

 

1. See NOTES on last page

 

 

page 3 of 5

 

 

     (5)   Therapeutic devices:

         (i)   If the therapeutic devices are required to be listed on the Australian Register

               of  Therapeutic Goods, they must be manufactured in compliance (a) with
               either EN 46001 or EN 46002, or (b) with either ISO 13485 or ISO 13488;
               or

        (ii)  If the therapeutic devices are required to be registered on the Australian
               Register of Therapeutic Goods, they must be manufactured in compliance
               with either EN 46001 or ISO 13485; and

       (iii)  If the therapeutic devices are labelled “Sterile”, they must also be
               manufactured in compliance with EN 556.

     (6)   Medicinal gases must be manufactured in compliance with the Medicinal
            Gases Code of GMP;

     (7)   Sunscreen products must be manufactured in compliance with the Sunscreen
             Code of GMP; and

     (8)   If the therapeutic goods to be manufactured are of a type for which there is no
            quality assurance system specified above, the manufacturer must use a system
            that incorporates the principles of section 4 of ISO 9001.

     (9)   Any blood processing plant:

         (a)  that is used to process plasma collected from donors in Australia; and

         (b)  that processes plasma described in paragraph (a) above for products that are
               or will be used in Australia (“the Australian product”)

 

         shall not be used to process any plasma collected from any source outside of
        Australia (“the foreign source”) unless, in relation to that particular source:

 

        (c)  a plasma master file, prepared in accordance with the requirements of the
              Committee for Proprietary Medicinal Products Guidelines entitled
              “Contribution to Part II of the Dossier for the Application for Marketing

              Authorisation – Control of Starting Materials for the Production of Blood

              Derivatives (reference CPMP 111/5272/94)” has been submitted to the

              Secretary by the licensee of the relevant blood processing plant; and

        (d)  the Secretary has advised the licensee of that plant, based upon the plasma

               master file referred to in paragraph (c) above and having taken into account

               the plant’s processes, that the plasma from the foreign source will not
               contaminate the Australian product with any blood borne pathogens.

 

 

 

 

NOTES

 

1.     At the time of gazettal of this Determination:

        1.1.   the Blood and Blood Components Code of GMP, the Human Tissues Code of GMP, the

                 Medicinal Gases Code of GMP, the Medicinal Code of GMP and the Sunscreen Code of GMP

                 were available from the Therapeutic Goods Administration;

        1.2.   EN 46001, EN46002, EN556, AS/NZS ISO9001, AS/NZS ISO9002, ISO 13485 and

                 ISO 13488 were available from Standards Australia; and

        1.3.   the Investigational Medicinal Products Code of GMP (Annex 13 “Good Manufacturing

                 Practice for the Investigational Medicinal Products” of Volume 4 “Good manufacturing practices”

 

page 4 of 5

                

 

                  of the Rules governing Medicinal Products in the European union) was available from the

                 European Commission Directorate General III – Industry, Pharmaceuticals and Cosmetics

              Unit;

 

           2.   This Determination changes the publisher of the European Standards from the British Standards

                  Institute to Comité Européen de Normalisation CEN (European Standards Committee); and

 

           3.   Addresses and links for sources of documents current at the time of gazettal are provided for

                 Information only, as follows:

                 3.1.   The European Commission Directorate General III – Industry, Pharmaceuticals and Cosmetics

                          Unit, RP11, 4150, rue de la Loi, B-1049, Brussels, Belgium, on the Internet at

                          http://dg3.eudra.org/eudralex/vol-4/home.htm>;

                 3.2   CEN - Comité Européen de Normalisation CEN (European Standards Committee), Central

                          Secretariat, 36, rue de Stassart, B-1050 Brussels Belgium Fax: +32 2 550 08 19, on the

                          Internet at http://wwwcenorm.be/default.htm  or Email infodesk@cenorm.be;

                 3.3    Standards Australia, phone 1300 65 46 46 (8.00am – 8.00pm Eastern Time Mon-Fri), Fax

                          1300 65 49 49, Email sales@standards.com.au, address mail to Standards Australia, PO Box

                          1055, Strathfield, NSW 2135, on the Internet at < http://www.standards.org.au/default.htm>;

                          and

                 3.4    The Therapeutic Goods Administration PO Box 100 Woden ACT 2606, phone 02 6232 8444,

                           (or GMP Audit and Licensing Section 02 6232 8629 fax 02 6232 8646) on the Internet at     
                          < http://www/tga/index/htm>.

 

__________________________________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

page 5 of 5

Overview

The Therapeutic Goods Act 1989 was enacted to provide a regulatory framework for the quality and safety of therapeutic goods, including medicines, medical devices, blood, and other related products in Australia. The Act was introduced to address the need for a comprehensive regulatory system to ensure that therapeutic goods available to the public meet acceptable standards of quality, safety, and efficacy. The Therapeutic Goods (Manufacturing Principles) Determination No 1 of 1999 was made by Terence Slater, the delegate of the Minister for Health and Aged Care, under subsection 36(1) of the Therapeutic Goods Act 1989. The primary policy objective of this Determination is to establish specific manufacturing principles that must be observed in the production of therapeutic goods intended for human use. By setting these principles, the Determination aims to ensure that manufacturers adhere to good manufacturing practices, thereby safeguarding public health by maintaining high standards in the production of therapeutic goods.

Scope and Application

The Therapeutic Goods (Manufacturing Principles) Determination No 1 of 1999 applies to the manufacture of all therapeutic goods intended for use in humans within Australia. This legislation mandates the adherence to specific manufacturing principles and quality assurance systems as outlined in the determination. The act applies to entities engaged in the manufacture of therapeutic goods, including drugs, blood, human tissues, medicinal gases, sunscreen products, and therapeutic devices. The scope of this legislation extends to ensuring the safety, quality, and efficacy of these therapeutic goods through stringent manufacturing standards. The application of these principles is overseen by the Therapeutic Goods Administration, and compliance is necessary to ensure the therapeutic goods meet national standards and are safe for human use. Notably, this legislation does not extend to the manufacture of investigational medicinal products, which are subject to separate regulatory requirements. The geographic jurisdiction of this legislation is confined to the Commonwealth of Australia, and it does not specify any exclusions or exemptions, implying that all manufacturers within its scope must adhere to the outlined manufacturing principles.

Key Provisions

The Therapeutic Goods (Manufacturing Principles) Determination No 1 of 1999 sets out the principles that must be followed in the manufacture of therapeutic goods intended for human use in Australia. This Determination applies to the manufacture of various types of therapeutic goods, including blood and blood components, drugs, human tissues, investigational medicinal products, therapeutic devices, medicinal gases, and sunscreen products (s. 5). Each type of therapeutic good is subject to specific Good Manufacturing Practice (GMP) codes or standards to ensure quality and safety. For instance, blood collection and plasma separation must comply with the Blood and Blood Components Code of GMP, while drugs (excluding sunscreen products, medicinal gases, and investigational medicinal products) must adhere to the Medicinal Code of GMP (s. 5(1)-(2)). Therapeutic devices must comply with either the European Norms (EN) or International Standards Organisation (ISO) standards, depending on their listing or registration status on the Australian Register of Therapeutic Goods. Devices labelled "Sterile" must also meet the requirements of EN 556 (s. 5(5)). The Determination imposes obligations on manufacturers to ensure their products meet the specified GMP standards. Manufacturers of blood and blood components, for example, must follow the Blood and Blood Components Code of GMP. For therapeutic devices, compliance with the relevant quality assurance systems, such as EN 46001, EN 46002, ISO 13485, or ISO 13488, is mandatory based on the device's registration status. Additionally, any blood processing plant used for processing plasma collected from donors in Australia must not process plasma from foreign sources unless specific conditions are met, including the submission of a plasma master file and approval from the Secretary (s. 5(9)). This ensures the protection of Australian products from contamination by blood-borne pathogens. Breaches of the requirements outlined in the Therapeutic Goods (Manufacturing Principles) Determination No 1 of 1999 can result in serious legal consequences. Under the Therapeutic Goods Act 1989, manufacturers who fail to comply with the specified GMP standards or other provisions of the Act may face enforcement actions, including fines and imprisonment. The Therapeutic Goods Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines up to a significant amount per offence, while criminal penalties may include fines and imprisonment for more serious violations. These penalties serve as deterrents to ensure adherence to the manufacturing principles and protect public health and safety.

Legal classification tags

Area of Law
Medical Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Compliance Obligations
Regulatory Standards

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.