Therapeutic Goods (Exemption) Order 2011


Tasmanian Crest
Therapeutic Goods (Exemption) Order 2011

I make the following order under section 22(4) of the Therapeutic Goods Act 2001 .

21 June 2011

MICHELLE O'BYRNE

Minister for Health

1.   Short title

This order may be cited as the Therapeutic Goods (Exemption) Order 2011 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

(1)  In this order –
Act means the Therapeutic Goods Act 2001 ;
NEP means the needle exchange programme, known as the needle and syringe program, operated by the responsible Department in relation to the HIV/AIDS Preventive Measures Act 1993 .
(2)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if it were by-laws.

4.   Exemption

The following persons are exempt from the operation of sections 22(1) and (2) of the Act:
(a) a person who installs an automatic machine for the NEP;
(b) a person who supplies needles or syringes by means of an automatic machine installed for the NEP;
(c) a person who occupies or controls premises at which –
(i) an automatic machine is installed for the supply of needles or syringes by the NEP; and
(ii) needles or syringes are stored in an automatic machine installed for the NEP; and
(iii) needles or syringes are supplied by means of an automatic machine installed for the NEP.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 June 2011

This order is administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the order)

This order exempts certain persons involved in the needle exchange programme from the operation of sections 22(1) and (2) of the Therapeutic Goods Act 2001 .