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THERAPEUTIC GOODS ACT 1989 - SECT 7AA

Excluded goods

             (1)  The Minister may, by legislative instrument, determine that specified goods (other than goods declared to be therapeutic goods under an order in force under section 7) are excluded goods for the purposes of this Act.

Note:          For specification by class, see subsection 13(3) of the Legislation Act 2003 .

             (2)  The Minister may, by legislative instrument, determine that specified goods (other than goods declared to be therapeutic goods under an order in force under section 7), when used, advertised, or presented for supply in a way specified in the determination, are excluded goods for the purposes of this Act.

Note:          For specification by class, see subsection 13(3) of the Legislation Act 2003 .

             (3)  Before making a determination under this section, the Minister must have regard to the following matters:

                     (a)  whether it is likely that the specified goods, if not regulated under this Act, might harm the health of members of the public;

                     (b)  whether it is appropriate in all the circumstances to apply the national system of controls relating to the quality, safety, efficacy and performance of therapeutic goods established by this Act to regulate the specified goods;

                     (c)  whether the kinds of risks from the specified goods to which members of the public might be exposed could be more appropriately dealt with under another regulatory scheme.

             (4)  The Minister may have regard to any other matter he or she considers relevant.



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