Document ID: chunk:federal_register_of_legislation:C2024C00632:section:3:p11
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 3 (pt 11/14)
Character Range: 46969–49617

causing, injury or harm to any person.
therapeutic goods means goods:
 (a) that are represented in any way to be, or that are, whether because of the way in which the goods are presented or for any other reason, likely to be taken to be:
 (i) for therapeutic use; or
 (ii) for use as an ingredient or component in the manufacture of therapeutic goods; or
 (iii) for use as a container or part of a container for goods of the kind referred to in subparagraph (i) or (ii); or
 (b) included in a class of goods the sole or principal use of which is, or ordinarily is, a therapeutic use or a use of a kind referred to in subparagraph (a)(ii) or (iii); or
 (ba) determined to be therapeutic goods under subsection 7AAA(1);
and includes biologicals, medical devices and goods declared to be therapeutic goods under an order in force under section 7, but does not include:
 (c) goods declared not to be therapeutic goods under an order in force under section 7; or
 (d) goods in respect of which such an order is in force, being an order that declares the goods not to be therapeutic goods when used, advertised, or presented for supply in the way specified in the order where the goods are used, advertised, or presented for supply in that way; or
 (e) goods (other than goods declared to be therapeutic goods under an order in force under section 7 and goods determined to be therapeutic goods under subsection 7AAA(1)) for which there is a standard (within the meaning of subsection 4(1) of the Food Standards Australia New Zealand Act 1991); or
 (f) goods (other than goods declared to be therapeutic goods under an order in force under section 7 and goods determined to be therapeutic goods under subsection 7AAA(1)) which, in Australia or New Zealand, have a tradition of use as foods for humans in the form in which they are presented; or
 (g) goods covered by a determination under subsection 7AA(1) (excluded goods); or
 (h) goods covered by a determination under subsection 7AA(2) (excluded goods), if the goods are used, advertised, or presented for supply in the way specified in the determination.
Therapeutic Goods Advertising Code means the code in force under section 42BAA.
therapeutic use means use in or in connection with:
 (a) preventing, diagnosing, curing or alleviating a disease, ailment, defect or injury in persons; or
 (b) influencing, inhibiting or modifying a physiological process in persons; or
 (c) testing the susceptibility of persons to a disease or ailment; or
 (d) influencing, controlling or preventing conception in persons; or
 (e) testing for pregnancy in persons; or
 (f) the replacement or modification of parts