Commonwealth Consolidated Regulations

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THERAPEUTIC GOODS REGULATIONS 1990 - REG 55

Transitional--pending orphan drug designation applications

  (1)   This regulation applies if, before the commencement day:

  (a)   a person had applied to the Secretary under regulation   16I (as in force before the commencement day) to designate a medicine, vaccine or in vivo diagnostic agent as an orphan drug; and

  (b)   the application had not been finally determined.

  (2)   Despite the amendments made by Schedule   7 to the 2017 Amendment Regulations, Part   3B (as in force immediately before the commencement day) and regulation   48 (as in force immediately before the commencement day) continue to apply in relation to the application.

  (3)   If the medicine, vaccine or in vivo diagnostic agent is designated as an orphan drug under regulation   16J (as in force immediately before the commencement day):

  (a)   the designation:

  (i)   comes into force when it is made; and

  (ii)   remains in force for 12 months; and

  (b)   while the designation is in force, regulation   43AD applies in relation to the medicine, vaccine or in vivo diagnostic agent as if it had been designated as an orphan drug under regulation   16J.


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