Victorian Current Acts

THERAPEUTIC GOODS (VICTORIA) ACT 2010 - SECT 3

In this Act—

"applied provisions" means the Commonwealth therapeutic goods laws that apply as a law of Victoria by virtue of section 6;

S. 3 def. of authorised person amended by No. 37/2014 s. 10(Sch. item 168).

"authorised person" means—

        (a)     in relation to any provision of this Act, a Victorian authorised person; or

        (b)     in relation to the applied provisions, an authorised person within the meaning of paragraph (a) of the definition of authorised person in the Commonwealth Act; or

        (c)     in relation to the Victorian provisions, a police officer within the meaning of the Victoria Police Act 2013 ;

"Code of Practice" means a Code of Practice made or adopted under Part 7;

Commonwealth Act means the Therapeutic Goods Act 1989 of the Commonwealth;

"Commonwealth administrative laws" means the following Acts and regulations of the Commonwealth—

        (a)     the Administrative Appeals Tribunal Act 1975;

        (b)     the Freedom of Information Act 1982;

        (c)     the Ombudsman Act 1976;

        (d)     the Privacy Act 1988;

        (e)     any regulation made under an Act referred to in paragraphs (a) to (d);

Commonwealth Department means the Department of Health and Ageing or such other Department of the Commonwealth as is the relevant Department for the purposes of the Commonwealth therapeutic goods laws;

"Commonwealth Minister" means the Minister responsible for administering the Commonwealth therapeutic goods laws;

"Commonwealth Secretary" means the Secretary of the Commonwealth Department;

"Commonwealth therapeutic goods laws" means—

        (a)     the Therapeutic Goods Act 1989 of the Commonwealth; and
s. 3

        (b)     any regulation, order or manufacturing principle made and in force under the Commonwealth Act;

"exempt goods" has the same meaning as it has in the Commonwealth Act;

"listed goods" has the same meaning as it has in the Commonwealth Act;

"manufacturer's" licence means a licence issued and in force under the Commonwealth Act;

"person" includes an unincorporated association, a firm and a partnership;

"premises" includes—

        (a)     a structure, building, aircraft, vehicle or vessel; and

        (b)     a place (whether enclosed or built upon or not); and

        (c)     a part of a thing referred to in paragraph (a) or (b);

"registered dentist "means a person registered under the Health Practitioner Regulation National Law—

        (a)     to practise in the dental profession as a dentist (other than as a student); and

        (b)     in the dentists division of that profession;

"registered goods" has the same meaning as it has in the Commonwealth Act;

"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

"registered pharmacist" means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

"sell" includes—

        (a)     sell, whether by wholesale or retail; or

        (b)     barter or exchange; or

        (c)     dealing in, agreeing to sell, or offering or exposing for sale; or

        (d)     keeping or having in possession for sale; or

        (e)     sell by sending;

supply includes—

        (a)     sell, dispense or distribute; and

        (b)     supply, whether free of charge or otherwise, by way of sample or advertisement; and

        (c)     supply, whether free of charge or otherwise, in the course of testing the safety or efficacy on persons or animals; and

        (d)     agree or offer to sell or distribute; and

        (e)     keep or have in possession for sale, dispensing or distribution; and

        (f)     send, forward, deliver or receive for sale, dispensing or distribution; and

        (g)     authorise, direct, cause, suffer, permit or attempt any act referred to in paragraphs (a) to (f);

"supply by wholesale", in relation to goods, means—

        (a)     supply of the goods for the purposes of resupply; or

        (b)     supply of an ingredient for the purposes of incorporation in the goods—

and includes supply of the goods in wholesale quantities for use—

        (c)     in a public institution;

        (d)     in connection with the carrying on by any person, in prescribed circumstances, of any prescribed activity;

"therapeutic device" has the same meaning as it has in the Commonwealth Act;

"therapeutic goods" has the same meaning as it has in the Commonwealth Act;

"therapeutic use" has the same meaning as it has in the Commonwealth Act;

"Victorian authorised person" means a person authorised by the Victorian Secretary under Part 8;

"Victorian provisions" means the provisions of the Act in Parts 1, 6, 7, 8, 9 and 10;

"Victorian Secretary" means the Secretary within the meaning of the Public Health and Wellbeing Act 2008 .