Commonwealth Numbered Regulations

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THERAPEUTIC GOODS (MEDICAL DEVICES) REGULATIONS 2002 2002 No. 236 - REG 4.1

When conformity assessment certificates are required (Act s 41EA)
(1)
For paragraph 41EA (a) of the Act and subject to subregulation (3), the kind of manufacturer in respect of whom a conformity assessment certificate must be issued before a valid application can be made for kinds of medical devices manufactured by that manufacturer to be included in the Register, is a manufacturer who manufactures medical devices in Australia.

(2)
For paragraph 41EA (b) of the Act and subject to subregulation (3), the kinds of medical devices in respect of which a conformity assessment certificate must be issued before a valid application can be made for those kinds of medical devices to be included in the Register, are medical devices manufactured outside Australia that are of the following kinds:

(a)
medical devices that contain tissues of animal origin that have been rendered non-viable (other than those that are intended to come into contact with intact skin only);

(b)
medical devices that contain tissues, cells or substances of microbial or recombinant origin and are intended for use in or on the human body;

(c)
medical devices incorporating stable derivatives of human blood or human plasma that are liable to act on the human body in a way that is ancillary to the device;

(d)
medical devices that incorporate, or are intended to incorporate, as an integral part, a substance that, if used separately, might be considered to be a medicine that is intended to act on a patient in a way that is ancillary to the device.

(3)
This regulation does not apply to:

(a)
any of the following:

(i)
a Class I medical device that is not intended to be supplied in a sterile state or that does not have a measuring function;
(ii)
an exempt device;
(iii)
a medical device that is the subject of an approval under section 41HB of the Act;
(iv)
a medical device that is the subject of an authority under section 41HC of the Act;
(v)
a system or procedure pack to which subregulation 3.10 (3) applies; or
(b)
a manufacturer of a medical device of a kind mentioned in paragraph (a).



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