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 interim decisions referred to herein was made available on the TGA website on 21 December 2017 and the opportunity to make submissions closed on 2 February 2018. Public submissions received on or before this closing date were published on the TGA website at Consultation: Proposed Amendments to the Poisons Standard - ACCS, ACMS and Joint ACCS-ACMS meetings, March 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. 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 Medicines and Chemicals.
Publication of decisions pursuant to regulations 42ZCZP of the Therapeutic Goods Regulations 1990
In accordance with regulation 42ZCZP, this notice gives effect to the Secretary's obligation to publish the interim decisions, the reasons for those decisions and the proposed date of effect of decisions made pursuant to regulation 42ZCZN
The interim decisions to which this notice relates include decisions made in respect to:
- scheduling proposals initially referred to the March 2018 meeting of the Advisory Committee on Medicines Scheduling (ACMS #23);
- scheduling proposals initially referred to the March 2018 meeting of the Joint meeting of the Advisory Committees on Chemicals and Medicines Scheduling (Joint ACCS-ACMS #18); and
- scheduling proposals initially referred to the March 2018 meeting of the Advisory Committee on Chemicals Scheduling (ACCS #22).
Also in accordance with regulation 42ZCZP of the Regulations, this notice invites interested persons to make submissions to the Secretary in relation to the interim decisions by the closing date.
Submissions must be received by close of business 5 July 2018. See How to respond.
How to respond
Submissions must:
- be relevant to the proposed amendment, including whether or not you support the amendment/s;
- address matters mentioned in section 52E of the Therapeutic Goods Act 1989;
- be submitted by the closing date to medicines.scheduling@health.gov.au for substances referred to the ACMS or Joint ACMS-ACCS, or chemicals.scheduling@health.gov.au for substances referred to the ACCS. (Please include 'Proposed Amendments to the Poisons Standard (Medicines/Chemicals)' in the subject line of the email);
- ideally be no more than 3 pages; and
- be accompanied by a completed TGA Consultation submission cover sheet.
Submissions might also include:
- Suggested improvements; and/or
- An assessment of how the proposed change will impact on you. That is, what do you see as the likely benefits or costs to you (these may be financial or non-financial). If possible, please attempt to quantify these costs and benefits.
What will happen
All public submissions will be published on the TGA website Public submissions on scheduling matters, unless marked confidential or indicated otherwise in the submission cover sheet (see Privacy information).
Following consideration of public submissions received before the closing date and advice from the expert advisory committee/s, decisions on the proposed amendments will be published as interim decisions on the TGA website Scheduling delegate's interim decisions & invitations for further comment on 5 July 2018.
Privacy and your personal information
The TGA collects your personal information in this submission in order to:
- Contact you if the TGA wants to seek clarification of issues raised in your submission or to check whether you consent to certain information that you have provided being made publicly available.
- Help provide context about your submission (e.g. to determine whether you are an individual or a director of a company or representing an interest group).
The TGA will disclose your name and (if applicable) your designation/work title on the TGA Internet site (i.e. make this information publicly available) if you consent to the publication of your name on the TGA Internet site (please complete the cover sheet, see How to respond). 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 medicines.scheduling@health.gov.au so that the public submissions can be updated accordingly.
Any text within the body of your submission that you want to remain confidential should be clearly marked 'IN CONFIDENCE' and highlighted in grey.
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 it is required by law) or commercially sensitive information. Also, the TGA will not publish information that could be considered advertising or marketing (e.g. logos or slogans associated with products), information about any alleged unlawful activity or that may be defamatory or offensive.
Please do not include personal information about other individuals in the body of your submission. Personal information in this context means information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
For general privacy information, go to Privacy. The TGA is part of the Department of Health and the link includes a link to the Department's privacy policy and contact information if you have a query or concerns about a privacy matter.
Enquiries
Any questions relating to submissions should be directed by email to medicines.scheduling@health.gov.au (for substances referred to the ACMS or Joint ACCS-ACMS) or chemicals.scheduling@health.gov.au (for substances referred to the ACCS).
Contents
- Advisory Committee on Medicines Scheduling (ACMS #23)
- Joint meeting of the Advisory Committee on Chemicals and Medicines Scheduling (ACCS/ACMS #18)
- Advisory Committee on Chemicals Scheduling (ACCS #22)