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Scheduling delegates' interim decisions and invitation for further comment: ACCS/ACMS, November 2017

Scheduling medicines and poisons

5 February 2018

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This consultation closed on 5 March 2018

Subdivision 3D.2 of the Therapeutic Goods Regulations 1990 (the Regulations) sets out the procedure to be followed 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. These include, under regulation 42ZCZK, that the Secretary publish (in a manner the Secretary considers appropriate) the proposed amendment to be referred to an expert advisory committee, the committee to which the proposed amendment will be referred, and the date of the committee meeting. The Secretary must also 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 interim decisions herein was made available on the TGA website on 6 September 2017 and closed on 6 October 2017. Public submissions received on or before this closing date will be published on the TGA website in accordance with regulation 42ZCZL.

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. If the interim decision is to amend the current Poisons Standard, the Secretary must, in doing so, take into account the matters mentioned in subsection 52E(1) of the Act (including, for example, the risks and benefits of the use of a substance, and the potential for abuse of a substance) and the scheduling guidelines as set out in the Scheduling Policy Framework for Chemicals and Medicines (SPF, 2015), available on the TGA website.

Under regulation 42ZCZP of the Regulations, the Secretary must, among other things, publish (in a manner the Secretary considers appropriate) the scheduling interim decision, the reasons for that decision and the proposed date of effect (for decisions to amend the current Poisons Standard, this will be the date when it is expected that the current Poisons Standard will be amended to give effect to the decision). These Secretary's interim decisions and reasons related to:

  • scheduling proposals initially referred to the November 2017 meeting of the Advisory Committee on Medicines Scheduling (ACMS #22);
  • scheduling proposals initially referred to the November 2017 meeting of the Joint meeting of the Advisory Committees on Chemicals and Medicines Scheduling (ACCS-ACMS #17); and
  • scheduling proposals initially referred to the November 2017 meeting of the Advisory Committee on Chemicals Scheduling (ACCS #21).

Also in accordance with regulation 42ZCZP of the Regulations, this notice invites the applicants and persons who made a submission in response to the original invitation under paragraph 42ZCZK(1)(d), to make further submissions to the Secretary in relation to the interim decisions within 10 business days after publication of this notice. Further submissions must be relevant to the proposed amendment, must address matters mentioned in section 52E of the Act, and be received by the closing date, 5 March 2018.

Submissions, preferably in electronic format (word or unsecured PDF), must be received by 5 March 2018 and should be sent to:

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The consequences of not providing your personal information may result in the Department being unable to communicate with you about your submission.

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The Department's privacy policy is available on the Department of Health website.

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