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Final decisions amending, or not amending, the current Poisons Standard, November 2018
Scheduling medicines and poisons
Scheduling amendments referred to expert advisory committee
Subdivision 3D.2 of the Therapeutic Goods Regulations 1990 (the Regulations) sets out the procedure to be followed in circumstances including where the Secretary receives an application under section 52EAA of the Therapeutic Goods Act 1989 (the Act) to amend the current Poisons Standard and decides to refer the proposed amendment to an expert advisory committee.
Under regulation 42ZCZK, these procedures require (among other things) the Secretary to publish (in a manner the Secretary considers appropriate) a notice specifying the expert advisory committee to which the proposed amendment will be referred, the date of the meeting of the committee and details of the proposed amendment.
Pursuant to regulation 42ZCZK, the Secretary must invite public submissions to be made to the expert advisory committee by a date mentioned in the notice as the closing date, allowing at least 20 business days after publication of the notice. Such a notice relating to the final decisions referred to herein was made available on the TGA website on 12 April 2018 and the opportunity to make submissions closed on 10 May 2018. Public submissions received on or before this closing date were published on the TGA website at Public submissions on scheduling matters referred to the ACMS #24 and Joint ACMS-ACCS #19 meetings held in June 2018 in accordance with subregulation 42ZCZL(3).
Under regulation 42ZCZN of the Regulations, the Secretary, after considering the advice or recommendation of the expert advisory committee, must (subject to regulation 42ZCZO) make an interim decision in relation to the proposed amendment.
Under regulation 42ZCZP of the Regulations, the Secretary must, among other things, publish as soon as practicable (in a manner the Secretary considers appropriate) a notice setting out the interim decision and the reasons for making the interim decision and the proposed date of effect of the proposed amendment (if any).
Also in accordance with regulation 42ZCZP of the Regulations, the Secretary must invite interested persons to make further submissions to the Secretary in relation to the interim decisions by a date mentioned in the notice as the closing date, allowing at least 10 business days after publication of the notice. Such a notice relating to the interim decisions of substances initially referred to the June 2018 meetings of the Advisory Committee on Medicines Scheduling (ACMS #24) and the Joint Advisory Committee on Medicines and Chemicals Scheduling (ACMS #19) was made available on the TGA website on 10 September 2018 and closed on 11 October 2018 (Publication of interim decisions amending, or not amending, the current Poisons Standard, September 2018). Public submissions received on or before this closing date will be published on the TGA website (Public submissions on scheduling matters) in accordance with regulation 42ZCZQ.
Under regulation 42ZCZR of the Regulations, the Secretary may make a final decision by confirming, varying or setting aside the interim decision, but only after considering all relevant submissions and any advice received in response to a request under paragraph 42ZCZQ(2)(a).
In deciding whether to amend the current Poisons Standard, the Secretary must take into account the matters mentioned in subsection 52E (1) of the Act. These matters include for example, the risks and benefits of the use of a substance, and the potential for abuse of a substance. The Secretary must also comply with (among others) any guidelines of the Australian Health Ministers' Advisory Council referred to the Secretary for the purposes of section 52E of the Act including those set out in the Scheduling Policy Framework for Medicines and Chemicals.
Scheduling amendments not referred to expert advisory committee
Subdivision 3D.3 of the Regulations sets out the procedure to be followed where the Secretary receives an application under section 52EAA of the Act to amend the current Poisons Standard and decides not to refer the proposed amendment to an expert advisory committee.
Publication of decisions pursuant to regulations 42ZCZS and 42ZCZX of the Therapeutic Goods Regulations 1990
In accordance with regulations 42ZCZS and 42ZCZX, this notice gives effect to the Secretary's obligation to publish the final decisions, the reasons for those decisions and the date of effect of decisions made pursuant to regulations 42ZCZR, 42ZCZU or 42ZCZW of the Regulations.
The final decisions to which this notice relates include decisions made with respect to:
- scheduling proposals initially referred to the June 2018 meeting of the Advisory Committee on Medicines Scheduling (ACMS #24);
- scheduling proposals initially referred to the June 2018 meeting of the Joint meeting of the Advisory Committees on Chemicals and Medicines Scheduling (Joint ACCS-ACMS #19); and
- scheduling proposals on agricultural and veterinary chemicals which were not referred to an expert advisory committee.
Privacy and your personal information
The Therapeutic Goods Administration (TGA) will not publish information it considers confidential, including yours/other individuals' personal information (unless you/they have consented to publication) or commercially sensitive information. Also, the TGA will not publish information that could be considered to be advertising or marketing (e.g. logos or slogans associated with products), or information about any alleged unlawful activity or that may be defamatory or offensive.
The TGA may receive submissions from the public on a proposed amendment to the Poisons Standard where there has been an invitation to the public for submissions on the proposal in accordance with the Therapeutic Goods Regulations 1990. These submissions may contain personal information of the individual making the submissions and others.
The TGA collects this information as part of its regulatory functions and may use the information to contact the individual who made the submissions if the TGA has any queries.
As set out above, the TGA is required to publish these submissions unless they contain confidential information.
If you request for your submission to be published in full, including your name and any other information about you, then the TGA will publish your personal information on its website. However, if at any point in time, you change your mind and wish for your personal information to be redacted then please contact the Scheduling Secretariat at firstname.lastname@example.org so that the pubic submissions can be updated accordingly.
Please note that the TGA cannot guarantee that updating the submissions on the TGA website will result in the removal of your personal information from the internet.
Please note that the TGA will not publish personal information about you/others without your/their consent unless authorised or required by law.
Part A - Amendments to the Poisons Standard referred to expert advisory committee
- Advisory Committee on Medicines Scheduling (ACMS #24)
- Joint meeting of the Advisory Committee on Chemicals and Medicines Scheduling (ACCS/ACMS #19)