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THERAPEUTIC GOODS AMENDMENT (POISONS STANDARD) BILL 2008

                                        2008




      THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                         HOUSE OF REPRESENTATIVES




THERAPEUTIC GOODS AMENDMENT (POISONS STANDARD) BILL 2008




            SUPPLEMENTARY EXPLANATORY MEMORANDUM



              Amendments to be Moved on Behalf of the Government




(Circulated by authority of the Parliamentary Secretary to the Minister for Health and
                       Ageing, Senator the Hon Jan McLucas)
THERAPEUTIC GOODS AMENDMENT (POISONS STANDARD) BILL 2008

OUTLINE
The Amendments to the Therapeutic Goods Amendment (Poisons Standard) Bill 2008
(the Bill) correct a technical oversight and make it clear that all requirements (not just
the registration requirements) of the Legislative Instruments Act 2003 (the LIA) in
relation to the Poisons Standard and amendments made to it are deemed to have been
met.

Section 52EA deems the Poisons Standard and amendments made to it since 2000 to
have been lodged and registered in the Federal Register of Legislative Instruments
(FRLI) immediately after it was made and that any other requirements imposed by
Division 2 or 3 of Part 4 (the registration requirements) of the LIA had been met.
However, there are additional requirements under the LIA, such as those in Part 5 of
the LIA requiring registered legislative instruments to be tabled in both House of
Parliament, that are not addressed in the Bill.

It is necessary for the Bill to deem all relevant requirements of the LIA to have been
met to ensure that the Bill has its intended effect. Without these amendments, the
tabling requirements will operate to make the Poisons Standard and some
amendments to it unenforceable, despite the other provisions of the Bill that deem
these instruments to have been registered.

Amendments are therefore made to paragraph 52EA(3)(e) and 52EA(4)(e) to make it
clear that all applicable requirements of the LIA in relation to the Poisons Standard
and amendments made to it, are deemed to have been met, not just the registration
requirements.

FINANCIAL IMPACT STATEMENT
The proposed amendments have no financial impact.




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THERAPEUTIC GOODS AMENDMENT (POISONS STANDARD) BILL 2008

NOTES ON CLAUSES


Clause 1: Clause 1 omits the term "that Division" and substitutes the term "that Act"
in paragraph 52EA(3)(e). This amendment makes it clear that the other requirements
of the Legislative Instruments Act 2003 applying to the legislative instrument are also
deemed to have been met, in addition to the registration requirements under Division
2 Part 4 of the LIA. In particular, this will operate to deem the tabling requirements
in Part 5 of the LIA to have been met.

Clause 2: Clause 2 omits the term "that Division, and substitutes the term "that Act"
in paragraph 52EA(4)(e). This amendment makes it clear that the other requirements
of the Legislative Instruments Act 2003 applying to the legislative instrument are also
deemed to have been met, in addition to the registration requirements under Division
2 Part 4 of the LIA.




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