Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 7

             (1)  Where the Secretary is satisfied that particular goods or classes of goods:

                     (a)  are or are not therapeutic goods; or

                     (b)  when used, advertised, or presented for supply in a particular way, are or are not therapeutic goods;

the Secretary may, by order published in the Gazette , declare that the goods, or the goods when used, advertised, or presented for supply in that way, are or are not, for the purposes of this Act, therapeutic goods.

          (1A)  In deciding whether particular goods or classes of goods:

                     (a)  are therapeutic goods; or

                     (b)  when used, advertised, or presented for supply in a particular way, are therapeutic goods;

the Secretary must disregard paragraphs (e) and (f) of the definition of therapeutic goods in subsection 3(1).

             (2)  The Secretary may exercise his or her powers under this section of his or her own motion or following an application made in writing to the Secretary.

             (3)  A declaration under this section takes effect on the day on which the declaration is published in the Gazette or on such later day as is specified in the order.

             (4)  If a declaration under this section:

                     (a)  is a declaration that particular goods or classes of goods are not therapeutic goods; and

                     (b)  applies wholly or partly to goods that, apart from this section, would be medical devices;

the goods are not medical devices, or are not medical devices when used, advertised, or presented for supply in the way specified in the declaration.