Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 4

             (1)  The objects of this Act are to do the following, so far as the Constitution permits:

                     (a)  provide for the establishment and maintenance of a national system of controls relating to the quality, safety, efficacy and timely availability of therapeutic goods that are:

                              (i)  used in Australia, whether produced in Australia or elsewhere; or

                             (ii)  exported from Australia;

                     (b)  to provide a framework for the States and Territories to adopt a uniform approach to control the availability and accessibility, and ensure the safe handling, of poisons in Australia.

          (1A)  The reference in paragraph (1)(a) to the efficacy of therapeutic goods is a reference, if the goods are medical devices, to the performance of the devices as the manufacturer intended.

             (2)  This Act is therefore not intended to apply to the exclusion of a law of a State, of the Australian Capital Territory or of the Northern Territory to the extent that the law is capable of operating concurrently with this Act.