Commonwealth Consolidated Regulations

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THERAPEUTIC GOODS REGULATIONS 1990 - REG 9A

Information about certain therapeutic goods to be supplied

         (1)   The sponsor of therapeutic goods that are specified in Part 1 of Schedule 10 must not supply the goods if the sponsor does not supply with the goods written information about the goods that meets the requirements for a patient information document set out in Schedule 12.

Penalty:   10 penalty units.

Note    Additional information must be provided in relation to certain therapeutic goods (other than medical devices) that are manufactured using a human embryo or human embryonic stem cell, or any other material sourced from a human embryo or human embryonic stem cell -- see regulation 9B.

(1AAA) For subregulation (1), strict liability applies to the physical element that the goods are specified in Part 1 of Schedule 10.

Note    For strict liability , see section 6.1 of the Criminal Code .

   (1AA)   It is a defence to a prosecution under subregulation (1) if the goods are specified in Schedule 3 to the Poisons Standard.

Note    A defendant bears an evidential burden in relation to the matters mentioned in subregulation (1AA) (see section 13.3 of the Criminal Code ).

      (1A)   The sponsor of therapeutic goods that are:

                (a)    specified in Schedule 3 of the Poisons Standard; and

               (b)    are approved for registration on or after 4 July 1995;

must not supply the goods if the sponsor does not supply with the goods written information about the goods that meets the requirements for a patient information document set out in Schedule 13.

Penalty:   10 penalty units.

      (1B)   For the purposes of an offence under subregulation (1A), strict liability applies to the physical element mentioned in paragraph (1A) (a).

Note    For strict liability , see section 6.1 of the Criminal Code .

         (2)   For the purposes of subregulation (1) or (1A), information must be provided:

                (a)    in the primary pack in which the therapeutic goods are supplied; or

               (b)    in another manner that will enable the information to be given to a person to whom the goods are administered or otherwise dispensed.



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