Document ID: chunk:federal_register_of_legislation:C2004A04631:body:0:p7
Version: federal_register_of_legislation:C2004A04631
Segment Type: other
Provision Reference: 
Character Range: 16066–18816

Part 6, a member of the Australian Federal Police;";

  (g) by inserting in subsection (1) the following definition:

     " 'gazetted kits group' means a group of kits identified in an order in force under subsection 16(3A);";

  (h) by inserting in subsection (1) the following definitions:

     " 'corresponding State law' means a State law declared by the regulations to correspond to this Act or the regulations, including such a law as amended from time to time;

     'State law' means a law of a State, of the Australian Capital Territory or of the Northern Territory;";

  (i) by inserting in subsection (1) the following definition:

     " 'Mutual Recognition Convention' means the Convention for the Mutual Recognition of Inspections in respect of the Manufacture of Pharmaceutical Products done at Geneva on 8 October 1970;";

     (j) by inserting ", other than members of the Australian Federal Police," in subsection (3) after "persons" (first occurring).

30. Section 4 of the Principal Act is repealed and the following section is substituted:

Object of Act

"4.(1) The object of this Act is to promote the development of a national system of controls relating to the quality, safety, efficacy and timely availability of therapeutic goods used in Australia or exported from Australia, whether the goods are produced in Australia or elsewhere.

"(2)  The provisions made by this Act are intended, as far as the Constitution permits, to impose those controls forming part of the national system that are appropriate to be imposed by legislation of the Commonwealth.

"(3) It is the intention of the Parliament that the other controls forming part of the national system be imposed by the laws of the States, of the Australian Capital Territory and of the Northern Territory.

"(4) This Act is therefore not intended to apply to the exclusion of a law of a State, of the Australian Capital Territory or of the Northern Territory to the extent that the law is capable of operating concurrently with this Act.".

Operation of Act

  31. Section 6 of the Principal Act is amended by omitting subsection (3).

32. After section 6 of the Principal Act the following sections are inserted:

State and Territory functions and powers of Secretary

"6A.(1) If a corresponding State law confers a function or power on the Secretary, the Secretary may, with the written approval of the Minister, perform the function or exercise the power, as the case may be.

  "(2) While an approval is in force for the purpose of subsection (1):

     (a) subsection 39(6) of the Public Service Act 1922 has effect as if a function or power to which the approval relates were a function or power of the Secretary under this Act; and

     (b) section 57 of