Senate debates

Wednesday, 9 September 2009

Therapeutic Goods Amendment (2009 Measures No. 2) Bill 2009

In Committee

11:00 am

Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | Hansard source

Since Senator Siewert asked me respectfully, I will accede to that. By leave—I move amendments (1) and (3) on sheet 5901 revised 2 together:

(1)    Schedule 1, item 7, page 4 (after line 15), after subsection 52A(2), insert:

        (3)    Before the Secretary makes a legislative instrument under subsection (2):

             (a)    the Secretary must ensure that adequate consultation has been undertaken with consumer health and therapeutic goods industry stakeholders; and

             (b)    having regard to that consultation, the Secretary must be satisfied that the proposed instrument will not have a negative impact on the therapeutic goods industry or on access by consumers to therapeutic goods.

        (4)    Before the Governor-General makes a regulation for the purposes of any provision in this Part:

             (a)    the Minister must ensure that adequate consultation has been undertaken with consumer health and therapeutic goods industry stakeholders; and

             (b)    having regard to that consultation, the Minister must be satisfied that the proposed regulation will not have a negative impact on the therapeutic goods industry or on access by consumers to therapeutic goods.

(3)    Schedule 1, item 12, page 7 (after line 32), at the end of section 52E, add:

        (6)    Before exercising a power under subsection 52D(2):

             (a)    the Secretary must ensure that adequate consultation has been undertaken with consumer health and therapeutic goods industry stakeholders; and

             (b)    having regard to that consultation, the Secretary must be satisfied that the proposed exercise of power will not have a negative impact on the therapeutic goods industry or on access by consumers to therapeutic goods.

I have already indicated what amendment (1) is about. Amendment (3) provides for appropriate consultation to occur in scheduling decisions. On the scheduling of complementary products, I seek a provision which will ensure appropriate and thorough consultation is conducted and that the complementary medicines industry is approached to participate in these discussions to provide their input and knowledge.

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