Therapeutic Goods Order No. 90 Standard for human albumin (18/10/2011)

Administered by Department of Health, Disability and Ageing

Legislation au F2011L02127 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Subject: THERAPEUTIC GOODS ORDER NO. 90Standard for human albumin

 

Section 10, Therapeutic Goods Act 1989

 

OUTLINE

Therapeutic Goods Order No. 90 Standard for human albumin (TGO 90) is an Order made by the delegate of the Minister for Health and Ageing under section 10 of the Therapeutic Goods Act 1989 (the Act).

 

TGO 90 determines that the matters specified in the instrument constitute the standard for human albumin. 

 

TGO 90 commenced on the day after the day it was registered on the Federal Register of Legislative Instruments.

 

BACKGROUND

The Act provides for the establishment and maintenance of a national system of controls relating to the quality, safety, efficacy and timely availability of therapeutic goods for use in humans.  The Therapeutic Goods Administration (TGA) is responsible for administering the Act.

 

Section 10 of the Act authorises the Minister, or the Minister's delegate,  to determine standards for therapeutic goods, or to amend or revoke existing standards, after consultation with the Therapeutic Goods Committee (TGC), a committee established by the Therapeutic Goods Regulations 1990 (the Regulations) to advise the Minister on matters relating to standards.

 

Unless consent is granted by the Secretary under section 14 or 14A of the Act, therapeutic goods imported into Australia, supplied in Australia or exported from Australia must comply with any applicable standard.

 

TGO 90 is a new standard made under section 10 of the Act, and applies to human albumin used as a therapeutic good or as an ingredient in a therapeutic good. 

 

TGO 90 specifies that human albumin complies with the monographs of the British Pharmacopoeia or the European Pharmacopoeia for human albumin.  There is no difference between the requirements of the British and European pharmacopoeias.

 

CONSULTATION

A draft TGO was made available by the TGA for public consultation in September 2009. It was published on the TGA Internet site and key stakeholders were informed.  There were three responses.

 

At its 36th meeting in August 2010, the Therapeutic Goods Committee (TGC) advised the Minister and the TGA that the draft Order should be amended to reflect that personal importation of medicines containing human albumin should be subject to the Order, and that the Order should be finalised and should take effect from its date of entry onto the Federal Register of Legislative Instruments.

 

The registered version of TGO 90 is not materially different to the consultation draft.

 

REGULATION IMPACT STATEMENT

The Office of Best Practice Regulation has agreed that no Regulation Impact Statement is necessary for TGO 90 (OBPR reference number 11770).

 

REFERENCED DOCUMENTS

Information on the documents referred to in TGO 90 or this Explanatory Statement follows.

  • The current definition of the British Pharmacopoeia under subsection 3(1) of the Act is the British Pharmacopoeia 2011, as amended by online updates.  The British Pharmacopoeia 2011 is a collection of approximately 3375 monographs for pharmaceutical substances and medicinal products for human use.  The monograph for human albumin specifies requirements for the plasma (including the use of nucleic acid amplification techniques), protein composition, molecular size distribution, bacterial endotoxins and sterility, amongst other things.  Associated test methods are also included in the British Pharmacopoeia.  The British Pharmacopoeia is published by The Stationery Office, on behalf of the Medicines and Healthcare products Regulatory Agency of the UK.  It is available for purchase in hard copy or soft copy (compact disc or online edition). The British Pharmacopoeia reproduces all monographs and requirements of the European Pharmacopoeia.
  • The current definition of the European Pharmacopoeia under subsection 3(1) of the Act is the European Pharmacopoeia 7th edition, including supplements 7.1 and 7.2.  It includes more than 2000 specific and general monographs.  The monograph for human albumin specifies requirements for the plasma (including the use of nucleic acid amplification techniques), protein composition, molecular size distribution, bacterial endotoxins and sterility, amongst other things.  Associated test methods are also included in the European Pharmacopoeia.  The European Pharmacopoeia is published by the Directorate for the Quality of Medicines & HealthCare of the Council of Europe. It is available for purchase in three formats – print, online and USB stick.
  • The meeting reports and resolution of the TGC’s 36th meeting referred to in this Explanatory Statement may be viewed and downloaded from the TGA Internet site.

 

Overview

Therapeutic Goods Order No. 90, enacted under the Therapeutic Goods Act 1989, sets the standard for human albumin used as a therapeutic good or ingredient in a therapeutic good. This legislative instrument was introduced to ensure that human albumin supplied, imported, or exported in Australia adheres to stringent quality and safety standards, thereby maintaining the integrity of the national system of controls over therapeutic goods. The Therapeutic Goods Administration (TGA), which is responsible for the administration of the Act, plays a crucial role in implementing and enforcing these standards. The enactment of TGO 90 follows consultations with the Therapeutic Goods Committee and public consultation, aimed at aligning the standards with international pharmacopoeias and ensuring that human albumin meets the necessary requirements for safety and efficacy.

Scope and Application

Therapeutic Goods Order No. 90 (TGO 90) is an Order made under the Therapeutic Goods Act 1989, which establishes and maintains a national system of controls relating to the quality, safety, efficacy, and timely availability of therapeutic goods for use in humans. The Therapeutic Goods Administration (TGA), the body responsible for administering the Act, issued TGO 90 to determine the standard for human albumin used as a therapeutic good or as an ingredient in a therapeutic good. TGO 90 applies to all human albumin imported into, supplied in, or exported from Australia unless consent is granted by the Secretary under section 14 or 14A of the Act. The standard specifies that human albumin must comply with the monographs of the British Pharmacopoeia or the European Pharmacopoeia for human albumin. The requirements for human albumin in these pharmacopoeias include specifications for the plasma, protein composition, molecular size distribution, bacterial endotoxins, and sterility, amongst other things. TGO 90 took effect on the day after it was registered on the Federal Register of Legislative Instruments and was preceded by a public consultation process, which resulted in minor amendments to the draft Order.

Key Provisions

Therapeutic Goods Order No. 90 (TGO 90) under section 10 of the Therapeutic Goods Act 1989 sets the standard for human albumin used as a therapeutic good or ingredient in therapeutic goods. TGO 90 requires human albumin to comply with the monographs of either the British Pharmacopoeia or the European Pharmacopoeia, with no difference in requirements between the two. The order came into effect the day after its registration on the Federal Register of Legislative Instruments. Any therapeutic goods containing human albumin imported, supplied, or exported in Australia must comply with TGO 90 unless a consent is granted by the Secretary under section 14 or 14A of the Act. The Therapeutic Goods Administration (TGA), responsible for administering the Act, made a draft of TGO available for public consultation in September 2009. The Therapeutic Goods Committee (TGC) recommended finalising and implementing the Order, including its application to personal importation of medicines containing human albumin. TGO 90 was not materially different from the consultation draft. The Office of Best Practice Regulation found no need for a Regulation Impact Statement for TGO 90. Entities and parties governed by TGO 90 must ensure that human albumin complies with the specified pharmacopoeias. This includes adhering to the requirements for plasma, protein composition, molecular size distribution, bacterial endotoxins, sterility, and other factors outlined in the monographs. Compliance is mandatory for therapeutic goods unless exempted by the Secretary under the Act. Failure to comply with TGO 90 can result in significant legal and financial repercussions. Under the Therapeutic Goods Act 1989, breaches of TGO 90 can lead to various civil and criminal consequences. For corporations, the maximum penalty for non-compliance can include fines of up to $2,100,000 for serious offences and $210,000 for lesser offences. Individuals involved in breaches may face fines of up to $42,000 for serious offences and $4,200 for lesser offences. Additionally, persistent or egregious non-compliance may result in more severe penalties, including imprisonment for directors or officers of corporations found guilty of facilitating or being complicit in the breach.

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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.