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Purpose
This guidance explains the application process for supplying and/or importing medical devices and in vitro diagnostic devices (IVDs) during critical supply disruptions or shortages.
It provides background, the legislative instrument, alternative pathways available, what applicants need to consider when applying, and the application process.
Legislation
Background
In 2026, the Therapeutic Goods Administration (TGA) made an instrument under section 41HD of the Therapeutic Goods Act 1989 (the Act). This instrument supports all Australians by reducing impacts to users when there are medical device supply disruptions or shortages. Medical devices supplied and/or imported under section 41HD are published on our website, allowing the public to access this information, supporting transparency under An Action Plan for Medical Devices.
What is section 41HD
If a medical device included in the Australian Register of Therapeutic Goods (ARTG) is not available, we can grant temporary exemptions under section 41HD of the Act to allow the supply and/or import of medical devices not currently included in the ARTG in a time of critical need.
An application to supply and/or import an alternative medical device, including in vitro diagnostic (IVD) medical devices, can be submitted using our online form. If approved, supplying and/or importing under section 41HD is a time-limited pathway, while the device included in the ARTG is not available.
The section 41HD pathway is applicable for medical devices. If you need help to support a medicine shortage, please refer to the medicine shortages webpage.
Criteria for applications
Applications submitted under section 41HD of the Act must meet certain criteria, including:
- No alternative devices available
- there are no substitutes available in the ARTG
OR
- ARTG included devices are also unavailable, in short supply or may become unavailable/in short supply in the reasonably foreseeable future.
- ARTG application/foreign registration or approval
- The medical device has an application that has passed preliminary assessment for inclusion in the ARTG
OR
- The medical device is registered or approved or use in at least one of the specified foreign countries.
The medical device is necessary in the interests of public health and safety.
Information to consider before applying
This pathway to supply and/or import medical devices is only for use in times of critical need. Before seeking approval under section 41HD of the Act, you should consider whether other pathways for supplying and/or importing unapproved devices in Australia may be more appropriate including the Special Access Scheme, Authorised Prescriber Scheme and Personal Importation Scheme.
We do not have specified categories of medical devices requiring supply, you will need to demonstrate that there is a critical need for the medical device due to a disruption or shortage.
You will need to provide evidence of your relationship with or authorisation from the manufacturer to import and supply the medical device. The manufacturer will need to provide documentation to support the applicant throughout the application process.
You must hold evidence to demonstrate the manufacturer holds market authorisation in one of the countries specified in the determination, and to confirm the manufacturing and quality control procedures used in production are acceptable. Evidence to demonstrate this may include:
- notice of market authorisation from the national competent authority or regulatory body
- a certificate of conformity assessment, suitable for the medical device classification.
If the medical device has received market authorisation in an overseas country which is not specified in the determination, it may be considered in exceptional circumstances.
Section 41HD conditions of approval
Approvals under section 41HD are:
- subject to conditions to minimise risk to consumers, including:
- informing us of any variation or if any information about the medical device becomes out of date
- the labelling and instructions for use must be in English and include the approval holder’s name and address
- time-limited, relative to the disruption or shortage the medical device is alleviating and may be revoked if circumstances change
- subject to the similar requirements as the medical devices included in the ARTG
- e.g. maintenance of documentation, recording the source and supply of the medical devices, reporting of adverse events, providing samples of the medical device to us if requested, instigating market actions and advertising restrictions.
Submitting an application
Applicants can apply for approval using our online section 41HD application form.
An applicant does not need to already sponsor therapeutic goods in Australia or be the sponsor of the medical device(s) affected by disruption or shortage. Applicants can be an individual or a person and if successful, they are required to undertake the role of an Australian sponsor and hold evidence to support their application.
If you intend to supply the medical device on an ongoing basis, applying for approval under section 41HD does not replace the process of inclusion in the ARTG. See additional information about applications and market authorisation.
Once the application form is submitted we will undertake a preliminary review and progress applications on a risk-basis. We may contact you for further information or evidence, if required. An outcome will be sent to you by email.
Questions can be directed to MD.supplydisruptions@health.gov.au. Please cite your Response ID (generated from your application) in the subject line, if applicable.
How to prepare for your application
As an applicant, we expect you to hold evidence to support your application. If you claim to hold evidence and are unable to provide this within the timeframes requested via email, a decision will be made on your application based on the information available to the delegate.
Completing the online application form
You will be asked to provide the following information to support your application:
- Supply disruption context, including why you are seeking approval
- Information about the availability of alternative devices included in the ARTG
- Details about the devices you are nominating to import/supply
- Any clinically relevant differences between the device included in the ARTG and the device you are applying to import/supply
- Evidence to demonstrate the benefits of importing/supplying the device not included in the ARTG outweigh the risks
Providing evidence
You will be asked to indicate the documented evidence you hold when completing the online form. When your application is reviewed, the following documents and information may be requested:
- Evidence to support justification (e.g. official notices or communications)
- Evidence of a relationship with the manufacturer (e.g. letter or agreement)
- Evidence of a foreign registration or marketing approval
- Instructions for Use (IFU), Patient Implant Cards (PICs) or Patient Information Leaflets (PILs), if applicable
- Clear, good quality photographs of all labels and text on the nominated device(s) and/or packaging, including any supplemental labels
- Clinical evidence
- Risk assessment documentation
Publication of approvals
Medical devices approved for import and/or supply under 41HD are published on our website, about 41HD approvals for import and supply.
This webpage allows the public to access information about each approval, including details on the device and models available as alternative devices.
Legal requirements for approval
Under subsection 41HD(1) and 41HD(1A) of the Act, the Secretary may only approve the importation or supply of specified medical devices if the Secretary is satisfied that:
kinds of medical devices included in the Register that could act as a substitute for the specified medical devices are unavailable or in short supply, or may, in the reasonably foreseeable future, become unavailable or be in short supply;
either:
the medical device is registered or approved for general marketing in at least one foreign country specified in a determination under subsection 41HD(5); or
an application under section 41FC of the Act has been made for inclusion of the kind of medical device in the Register and that application has passed preliminary assessment; and
the medical device is specified by the Secretary in a determination under subsection 41HD(6) of the Act; and
the approval is necessary in the interests of public health.
Information about the instrument can be found on our website, section 41HD instruments.
Glossary
| Term | Definition |
| Supply disruption | When there is a delay in availability of a particular medical device or may be restricted to a region. It could be very limited in time. |
| Supply shortage | When the demand of a medical device has, or may, exceed supply. Alternative brands of the kind of medical device are also not available to meet the demand. Shortages can be prolonged and affect all patients in Australia who use the medical device or may need to use it. |
| Device family | A device family is an informal, umbrella term to describe similar medical devices with similar design and performance characteristics that may be designed for the same intended purpose. It may cover multiple kinds of devices. It includes variations such as size or volumes, as well as accessories or consumables that are designed specifically by the manufacturer to be used with those medical devices. |
| Determination | A determination is a legislative instrument. It can be used to update or add to existing regulations, guidelines or standards. |
Related links
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SectionLearn how the TGA monitors and manages medical device supply disruptions, including shortages, sponsor responsibilities, and guidance for patients and providers.
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PageApprovals under section 41HD enable sponsors to import and supply specific medical devices during supply emergencies under special exemptions and conditions.
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PageLearn how Section 41HD instruments allow the TGA to approve the import and supply of certain medical devices during supply emergencies, using overseas approvals and safeguards.
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Decision treeHealth practitioners, use this guide to determine which pathway, including the Special Access Scheme (SAS) and Authorised Prescriber (AP) Scheme, is appropriate to use.
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PageIndividuals can legally import most therapeutic goods for personal use under the Personal Importation Scheme, provided certain conditions are met.
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SectionFind out how to check for medicine shortages, and what to do if your product is affected.
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PageRevised content on supplying medicines during a shortage under section 19A
Page history
Original publication.
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