House debates

Wednesday, 9 September 2009

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

Consideration of Senate Message

Bill returned from the Senate with an amendment.

Ordered that the amendment be considered immediately.

Senate’s amendment—

(1)   Schedule 1, page 9 (after line 16), at the end of the Schedule, add:

14  At the end of Part 6-3

Add:

52EC  Review of scheduling regime

        (1)    The Minister must cause an independent review of the operation of this Part to be conducted, with particular reference to the amendments to this Part made by the Therapeutic Goods Amendment (2009 Measures No. 2) Act 2009 (the amendments).

        (2)    The review must:

             (a)    start not later than 1 July 2013; and

             (b)    be completed within 6 months.

        (3)    The review must report on:

             (a)    the system of access controls for goods containing scheduled substances established by this Part;

             (b)    the outcomes of the administration of scheduled substances by the Secretary and by the committees established by this Part;

             (c)    the effect of the amendments on the therapeutic goods industry and on individual parties within the industry;

             (d)    whether there are adequate avenues for review of decisions made by the Secretary and by the committees established by this Part;

and may make recommendations for further changes to the scheduling regime.

        (4)    The review must be conducted by a panel which must comprise not less than three, and not more than five, persons with relevant expertise.

        (5)    As part of the review, the panel must invite and consider public submissions.

        (6)    The panel must give the Minister a written report of the review.

        (7)    The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

6:15 pm

Photo of Gary GrayGary Gray (Brand, Australian Labor Party, Parliamentary Secretary for Western and Northern Australia) Share this | | Hansard source

I move:

That the amendment be agreed to.

The Therapeutic Goods Amendment (2009 Measures No. 2) Bill 2009, the third in a series of bills to implement long-awaited improvements to the Therapeutic Goods Act 1989, was passed with amendment by the Senate this morning. Senator Xenophon proposed a number of amendments to the bill; however, the Senate only agreed to an amendment which will introduce a requirement for an independent review of the new separate scheduling arrangements to commence within three years after they come into effect—that is, in 2013. The government envisages that the panel to conduct this review would comprise of persons with expertise in public health, legal matters, and wide industry experience. The government accepts this amendment.

Question agreed to.