Document ID: chunk:federal_register_of_legislation:C2009A00076:clause:2_26
Version: federal_register_of_legislation:C2009A00076
Segment Type: clause
Provision Reference: sch 2 cl 26
Character Range: 26603–28171

26  Transitional—existing licences
(1) This item applies to a licence that:
 (a) was in force under Part 3‑3 of the Therapeutic Goods Act 1989 immediately before the commencement of this item; or
 (b) was suspended under that Part immediately before that commencement.
(2) The Therapeutic Goods Act 1989 applies in relation to the licence on and after that commencement as if the licence covered the one or more manufacturing sites constituted by the manufacturing premises to which the licence related immediately before that commencement.
(3) Subitem (2) is subject to section 38B of the Therapeutic Goods Act 1989 (about splitting multi‑site licences).
(4) If section 38B of the Therapeutic Goods Act 1989 does not apply in relation to the licence, that Act applies in relation to the licence on and after the commencement of this item as if:
 (a) the licence authorised the holder of the licence, at the manufacturing site constituted by the manufacturing premises to which the licence related immediately before that commencement, to carry out the steps in the manufacture of therapeutic goods that the licence allowed the holder to carry out immediately before that commencement; and
 (b) that authorisation were an authorisation referred to in subsection 38(2B) of that Act.
(5) Subitem (4) does not prevent the variation of that authorisation under section 40A or 40B of the Therapeutic Goods Act 1989.
Note: A contravention of that authorisation may lead to the licence being revoked or suspended: see paragraph 41(1)(ea) of the Therapeutic Goods Act 1989.