Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In exercising a power under subsection 52D(2), the Secretary must take the following matters into account (where relevant):
(a) the risks and benefits of the use of a substance;
(b) the purposes for which a substance is to be used and the extent of use of a substance;
(c) the toxicity of a substance;
(d) the dosage, formulation, labelling, packaging and presentation of a substance;
(e) the potential for abuse of a substance;
(f) any other matters that the Secretary considers necessary to protect public health.
(2) In exercising a power under subsection 52D(2), the Secretary must comply with any guidelines of:
(a) the Australian Health Ministers' Advisory Council; and
(b) the subcommittee of the Council known as the National Coordinating Committee on Therapeutic Goods (or any replacement subcommittee);
notified to the Secretary for the purposes of this section.
(3) In exercising a power under subsection 52D(2), the Secretary must have regard to any recommendations or advice of the Advisory Committee on Medicines Scheduling or the Advisory Committee on Chemicals Scheduling.
(4) In exercising a power under subsection 52D(2), the Secretary may seek advice from either or both of the following:
(a) any committee that the Secretary considers appropriate (whether or not the committee is established under this Act or the regulations);
(5) Subsections (2) to (4) do not limit the information
the Secretary may consider in exercising a power under subsection
52D(2).