Therapeutic Goods (Repeal of Listing Notices) Notice 2016

Administered by Department of Health, Disability and Ageing

Legislation au F2016L01635 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Therapeutic Goods Act 1989

 

Therapeutic Goods (Repeal of Listing Notices) Notice 2016

 

The Therapeutic Goods Act 1989 (the Act) provides for the establishment and maintenance of a national system of controls for the quality, safety, efficacy and timely availability of therapeutic goods that are used in, or exported from, Australia. The Act is administered by the Therapeutic Goods Administration (the TGA) within the Department of Health.

 

Subsection 9A(5) of the Act authorises the Minister to publish a notice in the Gazette or on the Department’s website requiring that specified therapeutic goods be included in the part of the Australian Register of Therapeutic Goods (the Register) for listed goods, and specifying the conditions subject to which such goods may be included in that part of the Register.

 

The Therapeutic Goods (Repeal of Listing Notices) Notice 2016 (the Notice) is made under subsection 9A(5) of the Act. The Notice repeals 48 former subsection 9A(5) notices identified in Schedule 1 to the Notice. These notices were made between 2005 and 2015 and are no longer required, due to the making of a succession of determinations under subsection 26BB(1) of the Act (the Permissible Ingredients Determination), which now specify ingredients that may be contained in a medicine listed in the Register under section 26A of the Act, and the requirements in relation to the inclusion of those ingredients in such medicines.

 

The Notice is a disallowable legislative instrument and commenced on the day after it was registered on the Federal Register of Legislation.

 

BACKGROUND

 

Therapeutic goods are required to be included in the Register before being supplied in, imported into, manufactured in or exported from Australia, unless specifically exempted from that requirement or otherwise authorised or approved. Medicines are registered or listed in the relevant part of the Register under Part 3-2 of the Act, depending on the therapeutically active ingredients they contain and the therapeutic claims that are being made.

 

In general, products that contain low risk therapeutically active ingredients are required to be included in the Part of the Register for listed medicines in Australia, referred to as listed medicines. Most listed medicines are considered to be of relatively low risk compared to other types of medicines, such as prescription and over-the-counter medicines, as they may only contain therapeutically active ingredients that have been approved by the TGA as being of low risk and may only make limited therapeutic claims.

 

Prior to the making of the Therapeutic Goods (Permissible Ingredients) Determination No.1 of 2015 (the First Permissible Ingredients Determination), which commenced on 1 January 2016, ingredients were authorised for use in listed medicines generally through the list of therapeutic goods in Schedule 4 to the Therapeutic Goods Regulations 1990 or through specific notices made by the Minister under subsection 9A(5) of the Act (Listing Notices). In addition, ingredients or substances that are not listed in a Schedule to the current Poisons Standard, or are excluded from the scope of the Poisons Standard can be ingredients or substances that can be contained in a listed medicine. (The exclusion from the scope of the Poisons Standard could be by way of the concentration of the ingredient or substance in a particular dosage form, or through other requirements.) The Permissible Ingredients Determination now provides for a single, comprehensive list of ingredients permitted for use in listed medicines, along with requirements applying to particular ingredients in the list.

 

All of the ingredients covered by the repealed notices were included in the First Permissible Ingredients Determination so, since that time, the Listing Notices made under subsection 9A(5) of the Act have been redundant.

 

CONSULTATION

 

Extensive consultation was undertaken with industry in 2015 in the lead up to making the the First Permissible Ingredients Determination.

 

The Office of Best Practice Regulation (OBPR) has advised that this proposal is expected to have minor regulatory impacts on businesses, individuals or community organisations. As the proposal is not going to Cabinet, a Regulation Impact Statement is not required (OBPR Ref. 21218).


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

This statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Therapeutic Goods (Repeal of Listing Notices) Notice 2016

 

The Therapeutic Goods (Repeal of Listing Notices) Notice 2016 (the Notice) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of legislative instrument

 

The Notice is made under subsection 9A(5) of the Therapeutic Goods Act 1989 (the Act) by a delegate of the Minister for Health and Aged Care. Subsection 9A(5) of the Act authorises the Minister to publish a notice in the Gazette or on the Department’s website requiring that specified therapeutic goods be included in the part of the Australian Register of Therapeutic Goods (the Register) for listed goods, and specifying the conditions subject to which such goods may be included in that part of the Register.

 

The Notice repeals 48 former subsection 9A(5) notices identified in Schedule 1 to the Notice. These notices were made between 2005 and 2015 and are no longer required, due to the making of a succession of determinations under subsection 26BB(1) of the Act (the Permissible Ingredients Determination), which now specify ingredients that may be contained in a medicine listed in the Register under section 26A of the Act, and the requirements in relation to the inclusion of those ingredients in such medicines.

 

Human rights implications

 

This instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

Mayada Kayali delegate of the Minister for Health and Aged Care

Overview

The Therapeutic Goods Act 1989 (the Act) was enacted to establish and maintain a national system of controls for the quality, safety, efficacy, and timely availability of therapeutic goods used or exported from Australia. Administered by the Therapeutic Goods Administration (TGA) within the Department of Health, the Act mandates the inclusion of therapeutic goods in the Australian Register of Therapeutic Goods (the Register) before they can be supplied, imported, manufactured, or exported in Australia, unless exempted or otherwise authorised. The Therapeutic Goods (Repeal of Listing Notices) Notice 2016, made under subsection 9A(5) of the Act, repeals 48 earlier notices that had specified certain therapeutic goods for inclusion in the Register and their conditions. This repeal is due to the Permissible Ingredients Determination, which now comprehensively lists the ingredients that can be included in listed medicines and their requirements, rendering the earlier notices redundant. This legislative instrument is compatible with human rights, as it does not engage any applicable rights or freedoms.

Scope and Application

The Therapeutic Goods (Repeal of Listing Notices) Notice 2016 operates within the framework of the Therapeutic Goods Act 1989, which governs the quality, safety, efficacy, and timely availability of therapeutic goods used in or exported from Australia. This legislation applies to all therapeutic goods, which include medicines, medical devices, and other related products, and mandates their inclusion in the Australian Register of Therapeutic Goods (the Register) before they can be supplied, imported, manufactured, or exported within Australia. The Notice is applicable nationally across Australia and is administered by the Therapeutic Goods Administration (TGA) within the Department of Health. The Notice specifically repeals 48 earlier notices made between 2005 and 2015, which had authorised the inclusion of certain therapeutic goods in the Register under specific conditions. These earlier notices are no longer necessary due to the Permissible Ingredients Determination made under the Act, which now provides a comprehensive list of ingredients permitted in listed medicines along with associated requirements. The repeal of these notices simplifies regulatory requirements for listed medicines by consolidating the criteria into the Permissible Ingredients Determination, thereby streamlining compliance for entities involved in the manufacture, supply, and importation of such therapeutic goods.

Key Provisions

The Therapeutic Goods (Repeal of Listing Notices) Notice 2016 (the Notice) is a legislative instrument made under subsection 9A(5) of the Therapeutic Goods Act 1989 (the Act). It repeals 48 former notices that were made between 2005 and 2015. These former notices required that certain specified therapeutic goods be included in the Australian Register of Therapeutic Goods (the Register) for listed goods and specified the conditions under which these goods could be included in that part of the Register. These former notices are no longer required because the Permissible Ingredients Determination, which specifies ingredients that may be contained in listed medicines and the requirements in relation to the inclusion of those ingredients, now covers all the ingredients that were previously covered by the repealed notices. The Notice imposes obligations on parties who supply, import, manufacture, or export therapeutic goods in Australia. These parties must ensure that their goods are included in the Register, unless they are specifically exempted from that requirement or otherwise authorised or approved. The Notice also requires that any ingredients in these goods comply with the Permissible Ingredients Determination. Failure to comply with these requirements could result in the goods being considered illegal and subject to seizure and prosecution. Breaches of the Therapeutic Goods Act 1989 may result in civil or criminal penalties, including fines and imprisonment. The maximum penalties for offences under the Act depend on the nature and seriousness of the offence. For example, the maximum penalty for supplying a therapeutic good that does not comply with the Act is a fine of up to $22,200 for an individual and $111,000 for a body corporate, or imprisonment for up to two years, or both. The maximum penalty for supplying a therapeutic good that is counterfeit or falsified is a fine of up to $555,000 for an individual and $2,775,000 for a body corporate, or imprisonment for up to ten years, or both. It is important for parties to ensure that they comply with the requirements of the Act to avoid these potential penalties.

Legal classification tags

Area of Law
Regulatory Standards
Intellectual Property Law
Instrument
Notice
Concepts
Definitions & Interpretation
Reporting & Disclosure 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.