Commonwealth Numbered Acts

HEALTH, HOUSING AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1992 No. 88 of 1992 - SECT 83

83.(1) Section 3 of the Principal Act is amended:
(a) by omitting from subsection (1) the definition of "therapeutic devices"
and substituting the following definition:

" 'therapeutic device' means therapeutic goods consisting of an instrument,
apparatus, appliance, material or other article (whether for use alone or in
combination), together with any accessories or software required for its
proper functioning, which does not achieve its principal intended action by
pharmacological, chemical, immunological or metabolic means though it may be
assisted in its function by such means, but the expression does not include
therapeutic goods declared by the Secretary, by order published in the
Gazette, not to be therapeutic devices;";

   (b)  by omitting from the definition of "therapeutic use" in subsection (1)
        all words after paragraph (c) and substituting the following word and
        paragraphs:

"or (d) influencing, controlling or preventing conception in persons; or

   (e)  testing for pregnancy in persons; or

   (f)  the replacement or modification of parts of the anatomy in persons or
        animals.".

(2) A declaration in force under the definition of "therapeutic devices" in
subsection 3(1) of the Principal Act immediately before the commencement of
this section continues in force as if it had been made under subsection 3(1)
of the Principal Act as amended by this Act.