Document ID: chunk:federal_register_of_legislation:F2025C00021:clause:3a_8
Version: federal_register_of_legislation:F2025C00021
Segment Type: clause
Provision Reference: sch 3A cl 8
Character Range: 473881–475285

8  Disposal of unused emergency medical devices—supply
 (1) This clause applies to:
 (a) unused emergency medical devices that are a kind of medical device if:
 (i) an exemption under section 41GS of the Act in relation to that kind of medical device ceases to have effect other than because that kind of medical device becomes included in the Register under Part 4‑5 of the Act; and
 (ii) the devices later become devices of a kind included in the Register under Part 4‑5 of the Act; and
 (b) unused emergency medical devices that have become:
 (i) devices that are the subject of an approval under section 41HB of the Act; or
 (ii) devices that are the subject of an authority under section 41HC of the Act.
 (2) The Secretary may direct that the devices be supplied to an authorised person (otherwise than for therapeutic use on the person).
 (3) In this clause:
authorised person means:
 (a) for paragraph (1)(a)—the person in relation to whom the kind of medical device is included in the Register under Part 4‑5 of the Act; or
 (b) for an approval under section 41HB of the Act—the person to whom the approval is given; or
 (c) for an authority under subsection 41HC(1) of the Act—the person to whom the authority is given; or
 (d) for an authority given by rules made under subsection 41HC(6) of the Act—a health practitioner included in the class of health practitioners specified in the rules.