South Australian Numbered Acts South Australian Numbered ActsAfter Part 2 insert:
Part 2A—Application in South Australia of Commonwealth therapeutic goods laws
Division 1—Applied provisions
11A—Application of Commonwealth therapeutic goods laws
(1) The Commonwealth therapeutic goods laws, as in force for the time being and as modified by or under this Part, apply as a law of South Australia.
(2) Those Commonwealth therapeutic goods laws so apply as if they extended to—
(a) things done or omitted to be done by persons who are not corporations; and
(b) things done or omitted to be done in the course of trade and commerce within the limits of South Australia.
(3) For the purposes of this section, the Commonwealth therapeutic goods laws are modified as follows:
(a) a reference to the Federal Court or the Federal Court of Australia is to be read as a reference to the District Court of South Australia;
(b) a reference to the Administrative Appeals Tribunal is to be read as a reference to the Administrative and Disciplinary Division of the District Court of South Australia;
(c) a reference to a prescribed court is to be read as a reference to a prescribed court excluding the Federal Court;
(d) any other modifications specified by the regulations.
11B—Interpretation of Commonwealth therapeutic goods laws
(1) The Acts Interpretation Act 1901 of the Commonwealth, as in force for the time being—
(a) applies to the interpretation of the applied provisions; and
(b) so applies as if the applied provisions were an Act of the Commonwealth or regulations or orders under a Commonwealth Act, as the case requires.
(2) The Acts Interpretation Act 1915 does not apply to the applied provisions.
Division 2—Functions and powers under applied provisions
11C—Functions and powers of Commonwealth Minister
The Commonwealth Minister has the same functions and powers under the applied provisions as that Minister has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth.
11D—Functions and powers of Commonwealth Secretary
(1) The Commonwealth Secretary has the same functions and powers under the applied provisions as that Secretary has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth.
(2) Without limiting subsection (1), the Commonwealth Secretary has the function of including goods in the Australian Register of Therapeutic Goods kept under the applied provisions and is authorised to cancel the inclusion of goods in that Register in accordance with those provisions.
11E—Commonwealth may retain fees paid to Commonwealth Secretary
The Commonwealth may retain fees paid to, or recovered by, the Commonwealth Secretary in respect of the performance or exercise of functions or powers conferred on the Commonwealth Secretary by the applied provisions.
11F—Functions and powers of other persons
An authorised person, authorised officer or official analyst appointed under the Commonwealth therapeutic goods laws has the same functions and powers under the applied provisions as that person, officer or analyst has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth.
11G—Delegation by Commonwealth Minister or Commonwealth Secretary
Any delegation by the Commonwealth Minister or the Commonwealth Secretary under section 57 of the Commonwealth Act is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.
11H—Appointments under Commonwealth therapeutic goods laws
The appointment of a person to an office or position under a provision of the Commonwealth therapeutic goods laws is taken to extend to, and have effect for the purposes of, the applied provisions.
Division 3—Offences against applied provisions
11I—Application of Commonwealth criminal laws to offences against applied provisions
(1) The relevant Commonwealth laws apply as laws of South Australia in relation to any offence committed against the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of South Australia.
(2) For the purposes of a law of South Australia, an offence against the applied provisions—
(a) is taken to be an offence against the laws of the Commonwealth in the same way as if the applied provisions were a law of the Commonwealth; and
(b) is taken not to be an offence against the laws of South Australia.
(3) Subsection (2) has effect for the purposes of a law of South Australia except as prescribed by the regulations.
11J—Functions and powers conferred on certain Commonwealth officers and authorities relating to offences
(1) A provision of the applied provisions applying because of section 11I that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth therapeutic goods laws also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.
(2) In performing a function, or exercising a power, conferred by subsection (1), the Commonwealth officer or authority must act as nearly as is practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth therapeutic goods laws.
11K—No double jeopardy for offences against applied provisions
If—
(a) an act or omission is both an offence against the applied provisions and an offence against the Commonwealth therapeutic goods laws; and
(b) the offender has been punished for that offence under the Commonwealth therapeutic goods laws,
the offender is not liable to be punished for that offence under the applied provisions.
Division 4—Reviews and appeals
11L—District Court may sit with assessors
(1) In proceedings for review by or on an appeal to the Administrative and Disciplinary Division of the District Court under the applied provisions, the Court will, if a Judge of the Court so determines, sit with assessors.
(2) For the purposes of this section, if a Judge of the Court determines that the Court is to sit with assessors—
(a) the Minister must establish a panel of persons who may sit as assessors; and
(b) a member of the panel will hold office on terms and conditions specified by the Minister in the instrument of appointment (and a member of the panel whose term of office expires is eligible for reappointment); and
(c) subject to paragraph (d), if assessors are to sit with the District Court, the Judge of the Court on the appeal will select 2 members of the panel to sit with the Court in the proceedings; and
(d) a member of the panel who has a personal or direct or indirect pecuniary interest in a matter before the District Court is disqualified from participating in proceedings relating to the matter; and
(e) if an assessor dies or is for any reason unable to continue with any proceedings, the District Court constituted of the judicial officer who is presiding at the proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings.