Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Labetalol) Instrument 2025

Administered by Department of Health, Disability and Ageing

Legislation au F2025L00958 Not in force Legislative Instrument

Legislation content

Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Labetalol) Instrument 2025

made under section 30EK of the

Therapeutic Goods Act 1989

Compilation No. 1

Compilation date: 30 October 2025

Includes amendments: F2025L01303

About this compilation

This compilation

This is a compilation of the Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Labetalol) Instrument 2025 that shows the text of the law as amended and in force on 30 October 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

2  Commencement

3  Authority

4  Definitions

5  Declaration of serious scarcity

6  Substitution of scarce medicine by pharmacists

7  Period instrument in force

8  Repeals

Schedule 1—Scarce medicine, substitutable medicine, dose unit equivalence and specific permitted circumstances

Schedule 2—General permitted circumstances

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 (Serious Scarcity and Substitutable Medicine) (Labetalol) Instrument 2025.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

26 August 2025.

26 August 2025

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 30EK 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) medicine;

(b) pharmacist;

(c) registration number.

  In this instrument:

Act means the Therapeutic Goods Act 1989.

prescriber means the person who:

 (a) is authorised under a law of a State or Territory to prescribe medicine, and

 (b) prescribed the scarce medicine for the patient.

scarce medicine has the meaning given by section 5.

substitutable medicine has the meaning given by section 6.

tablet has the same meaning as in the Therapeutic Goods (Standard for Tablets, Capsules and Pills) (TGO 101) Order 2019.

Note: TGO 101 is a legislative instrument published on the Federal Register of Legislation at www.legislation.gov.au.

5  Declaration of serious scarcity

  For paragraph 30EK(1)(a) of the Act, a serious scarcity of the medicine specified in column 2 of each item in the table in Schedule 1 (the scarce medicine) across the whole of Australia is declared.

6  Substitution of scarce medicine by pharmacists

  For paragraph 30EK(1)(b) of the Act, in relation to each item in the table in Schedule 1, the medicine specified in column 3 (the substitutable medicine) is permitted to be dispensed by a pharmacist in substitution for the scarce medicine specified in column 2, in the circumstances specified in:

 (a) column 5 of that item (the specific permitted circumstances); and

 (b) the table in Schedule 2 (the general permitted circumstances).

Note: Substitution is only permitted where both the specific permitted circumstances and the general permitted circumstances exist.

7  Period instrument in force

  This instrument remains in force until 31 December 2025.

8  Repeals

  Unless repealed earlier, this instrument is repealed at the start of 1 January 2026.


Schedule 1—Scarce medicine, substitutable medicine, dose unit equivalence and specific permitted circumstances

Note: See sections 5 and 6.

Scarce medicine, substitutable medicine, dose unit equivalence and specific permitted circumstances

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Scarce medicine

Substitutable medicine

Dose unit equivalence

Specific permitted circumstances

1

PRESOLOL 100 labetalol hydrochloride 100 mg tablet bottle, registration number 56475

PRESOLOL 200 labetalol hydrochloride 200 mg tablet bottle, registration number 56476

half a tablet of the substitutable medicine is equivalent to one tablet of the scarce medicine

the pharmacist has advised the patient, or person acting on behalf of the patient:

(a) of the number of dose units of substitutable medicine that must be taken by the patient in substitution for the prescribed dose of scarce medicine, based on the dose unit equivalence in column 4; and

(b) where cutting of the tablet is required to obtain the correct dose of the substitutable medicine—of suitable instructions for cutting the tablet; and

(c) of the differences between the scarce medicine and the substitutable medicine; and

(d) either:

(i) of suitable instructions for administering the substitutable medicine; or

(ii) to obtain instructions for administering the substitutable medicine from the prescriber or a general practitioner


Schedule 2—General permitted circumstances

Note: See section 6.

General permitted circumstances

Column 1

Column 2

Item

Circumstances

1

the patient, or person acting on behalf of the patient, has evidence of a valid prescription for the scarce medicine, unless otherwise permitted by law

2

the pharmacist does not have access to the scarce medicine

3

the prescriber has not indicated on the prescription for the scarce medicine that substitution is not permitted

4

the pharmacist has exercised professional judgement and determined that the patient is suitable to receive the substitutable medicine

5

the amount of substitutable medicine dispensed would result in the patient receiving sufficient medicine to ensure an equivalent dosage regimen and duration to that prescribed in relation to the scarce medicine

6

the patient, or person acting on behalf of the patient, has consented to receiving the substitutable medicine

7

the pharmacist makes a record of dispensing the substitutable medicine in substitution of the scarce medicine at the time of dispensing

8

the pharmacist has an established procedure to notify the prescriber of the substitution at the time of, or as soon as practical after, dispensing the substitutable medicine

 

 

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

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court 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

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Labetalol) Instrument 2025

22 Aug 2025

(F2025L00958)

26 Aug 2025

Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Labetalol) Amendment Instrument 2025

24 Oct 2025

(F2025L01303)

30 Oct 2025

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 7………………………………….

rs F2025L01303

s 8………………………………….

rs F2025L01303

 

Overview

The Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Labetalol) Instrument 2025, made under section 30EK of the Therapeutic Goods Act 1989, addresses the problem of serious scarcity of certain therapeutic goods, specifically targeting labetalol. This instrument was enacted to manage the shortage of essential medications by allowing pharmacists to substitute scarce medicines with substitutable ones under specific conditions, ensuring continuity of patient care. The instrument was made by the relevant authority under the Therapeutic Goods Act and is aimed at mitigating the impact of medicine shortages on public health. It commenced on 26 August 2025 and will remain in force until 31 December 2025, after which it will be repealed unless otherwise stated. This legislative instrument declares a serious scarcity of labetalol across Australia and permits pharmacists to dispense substitutable medicines in its place, provided certain conditions and circumstances are met. These conditions include advising the patient on the substitution, ensuring the patient has a valid prescription, and obtaining patient consent. The instrument outlines the specific permitted circumstances and general permitted circumstances for such substitutions, ensuring that the substitution does not compromise patient safety or treatment efficacy.

Scope and Application

The Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Labetalol) Instrument 2025 applies to pharmacists across Australia and pertains specifically to the substitution of labetalol-based medications in cases of serious scarcity as declared under the Therapeutic Goods Act 1989. This instrument allows pharmacists to dispense alternative labetalol medications in place of those that are scarce, ensuring that patients can still receive necessary treatment. It includes specific conditions under which substitution is permitted, such as the requirement for patient consent and adherence to professional guidelines. The instrument remains in effect until 31 December 2025, and it can be further modified or repealed through subordinate instruments, as evidenced by its amendment history. The instrument's provisions are designed to maintain the continuity of care and ensure public health during periods of medication shortages.

Key Provisions

The Therapeutic Goods (Serious Scarcity and Substitutable Medicine) (Labetalol) Instrument 2025, made under section 30EK of the Therapeutic Goods Act 1989, declares a serious scarcity of specific labetalol hydrochloride tablets in Australia, effective from 26 August 2025 until 31 December 2025. This instrument identifies PRESOLOL 100 and PRESOLOL 200 as scarce and substitutable medicines, respectively. Pharmacists are permitted to dispense PRESOLOL 200 in place of PRESOLOL 100, provided certain conditions are met. The substitution is contingent on the pharmacist advising the patient or their representative about the dosage equivalence, cutting instructions, differences between the medicines, and administration details. Additionally, general circumstances such as patient consent, prescription evidence, and pharmacist notification to the prescriber must be fulfilled for substitution to occur. The obligations imposed by this instrument on pharmacists include ensuring the patient is informed about the number of dose units, cutting instructions if necessary, differences between the medicines, and administration instructions. The pharmacist must also verify the patient's consent, check for a valid prescription, ensure the scarce medicine is unavailable, and confirm that the prescriber has not prohibited substitution. The pharmacist must exercise professional judgment to ensure the patient is suitable for the substitutable medicine, verify that the dispensed amount maintains the prescribed dosage regimen, and record the substitution. Lastly, the pharmacist must notify the prescriber of the substitution as soon as practical. Breaches of this instrument may result in civil or criminal penalties, depending on the nature and severity of the violation. The Therapeutic Goods Act 1989 outlines potential penalties for non-compliance, which could include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific circumstances of the breach and would be determined by the relevant authorities. The instrument remains in force until 31 December 2025, after which it will be repealed unless otherwise stated.

Legal classification tags

Area of Law
Medical Law
Pharmaceutical Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Substitution of Medicines

Interactions

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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.