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Committee's report

The committee tabled its report on 11 July 2019. The Bill was passed by the Queensland Parliament on 17 September 2019.

About the Bill

On 14 May 2019, Hon Dr Steven Miles MP, Minister for Health and Minister for Ambulance Services, introduced the Therapeutic Goods Bill 2019.  On 16 May 2019 the Committee of the Legislative Assembly resolved that the State Development, Natural Resources and Agricultural Industry Development Committee will examine and report on the Therapeutic Goods Bill 2019.

According to the explanatory notes, the purpose of this Bill is to repeal and replace the existing legislation with a new regulatory framework comprising the Bill, and the following draft regulations and explanatory notes, which were tabled at the same time as the Bill:

Draft Therapeutic Goods Regulation 2019

Draft Therapeutic Goods Regulation 2019 Explanatory Notes

The Bill proposes to adopt the Therapeutic Goods Act 1989 (Cth) as Queensland law. The explanatory notes state, the Bill will enhance national consistency, reduce regulatory burdens and ensure appropriate safeguards are implemented to protect the health and safety of the community.

In particular, the Bill gives effect to the recommendation of a national review of medicines and poisons regulation commissioned by the Council of Australian Governments (COAG), the National Competition Review of Drugs, Poisons and Controlled Substances Legislation (Galbally Review). In 2001 the Galbally Review recommended all states and territories adopt the Therapeutic Goods Act 1989 (Cth). Queensland and Western Australia are the only states that have not adopted the Therapeutic Goods Act into law to date.

The Commonwealth Therapeutic Goods Act places standardised controls on the manufacture, import, export, supply and use of safe and effective therapeutic goods in Australia. Due to constitutional limitations, currently the Commonwealth Act only applies to corporations and Queensland entities that trade interstate or overseas. The Commonwealth Act does not apply to manufacturing entities trading as partnerships, trusts or sole traders who are not engaged in trade outside Queensland. The quality, safety, efficacy and timely availability of the therapeutic goods that these entities produce are not regulated. This has the potential to lead to safety issues for those purchasing unregulated manufactured therapeutic goods such as herbal medicines and vitamin supplements.

Adoption of the Therapeutic Goods Act in Queensland is intended to ensure equitable application of therapeutic goods regulation, improve national consistency, and ensure the safety of products manufactured and sold within Queensland.

The explanatory notes state adoption of the Therapeutic Goods Act will reduce regulatory duplication by removing the need for the separate manufacturing, advertising, labelling and packaging requirements in the Queensland regulatory framework for medicines and poisons.

Timeline