Document ID: chunk:federal_register_of_legislation:F2025C00021:clause:3a_6
Version: federal_register_of_legislation:F2025C00021
Segment Type: clause
Provision Reference: sch 3A cl 6
Character Range: 471725–473129

6  Disposal of unused emergency medical devices—destruction
 (1) The Secretary may direct that unused emergency medical devices be destroyed within the time stated in the direction if any of the following applies:
 (a) the devices have passed their expiry date;
 (b) the devices no longer comply with the essential principles;
 (c) conformity assessment procedures were not applied to the devices and requirements, comparable to the conformity assessment procedures, were not applied to the devices;
 (d) use of the devices poses, or would pose, a risk to public health;
 (e) storage of the devices at their current location and any other location poses, or would pose, a risk to the public or the environment;
 (f) within 12 months after the exemption ends in relation to the devices, the devices have not become:
 (i) devices of a kind included in the Register under Part 4‑5 of the Act; or
 (ii) exempt devices under section 41HA of the Act; or
 (iii) devices that are the subject of an approval under section 41HB of the Act; or
 (iv) devices that are the subject of an authority under section 41HC of the Act;
 (g) the person who has control over the devices requests that the devices be destroyed.
 (2) A person directed to destroy the devices may destroy them only in a way, approved by the Secretary, that ensures that the destruction avoids or minimises harm to the public and the environment.