{"id":"therapeutic-goods-victoria-act-2010","name":"Therapeutic Goods (Victoria) Act 2010","slug":"therapeutic-goods-victoria-act-2010","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178612,"registerId":"vic-therapeutic-goods-victoria-act-2010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Therapeutic Goods (Victoria) Act 2010","content":"Version No. 004\n\n**Therapeutic Goods (Victoria) Act 2010**\n\n**No. 25 of 2010**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Definitions in Commonwealth Act 6\n\n5 Act to bind Crown 6\n\nPart 2—Applied provisions 7\n\n6 Application of Commonwealth therapeutic goods laws to Victoria 7\n\n7 Interpretation of Commonwealth therapeutic goods laws 7\n\nPart 3—Functions and powers under applied provisions 8\n\n8 Functions and powers of Commonwealth Minister 8\n\n9 Functions and powers of Commonwealth Secretary 8\n\n10 Commonwealth may retain fees paid to Commonwealth Secretary 8\n\n11 Functions and powers of other persons 8\n\n12 Delegation by Commonwealth Minister or Commonwealth Secretary 9\n\n13 Appointments under Commonwealth therapeutic goods laws 9\n\nPart 4—Administrative law matters 10\n\n14 Application of Commonwealth administrative laws to applied provisions 10\n\n15 Functions and powers conferred on Commonwealth officers and authorities 10\n\nPart 5—Offences against applied provisions 12\n\n16 Application of Commonwealth criminal laws to offences against applied provisions 12\n\n17 Functions and powers conferred on certain Commonwealth officers and authorities relating to offences 12\n\n18 No double jeopardy for offences against applied provisions 13\n\nPart 6—Provisions specific to Victoria 14\n\n19 Power of Minister to exempt persons or goods by order 14\n\n20 Hawking of therapeutic goods 14\n\n21 Supply by vending machine 15\n\nPart 7—Codes of Practice 17\n\n22 Codes of Practice 17\n\n23 Status of a Code of Practice 18\n\n24 Procedure for making or adopting Codes of Practice 18\n\n25 Commencement of Code of Practice 19\n\n26 Availability of Codes of Practice 19\n\n27 Code or matter etc. applied, adopted or incorporated in Code to be laid before Parliament 20\n\n28 Code may be disallowed by either House of Parliament 20\n\n29 No liability if Code of Practice not available 21\n\n30 Review by VCAT 21\n\nPart 8—Enforcement—Victorian provisions 22\n\nDivision 1—Authorised persons 22\n\n31 Victorian authorised persons 22\n\n32 Identity cards 22\n\n33 Production of identity card when exercising powers 23\n\n34 Victorian authorised persons subject to Victorian Secretary's direction 23\n\nDivision 2—Enforcement powers of Victorian authorised persons 24\n\n35 Offence-related searches and seizures with consent 24\n\n36 Occupier to be given copy of consent 26\n\n37 Search warrants 27\n\n38 Announcement before entry on search warrant 28\n\n39 Copy of search warrant to be given to occupier 29\n\n40 General powers of Victorian authorised persons in relation to premises 29\n\n41 False or misleading information 30\n\n42 Protection against self-incrimination 31\n\n43 Receipt must be given for any thing seized 31\n\n44 Copies of certain seized things to be given 32\n\n45 Use of equipment to examine or process things 32\n\n46 Use or seizure of electronic equipment at premises 33\n\n47 Return of seized documents or things 35\n\n48 Court may extend period 35\n\n49 Offence to hinder or obstruct Victorian authorised person 36\n\n50 Entry to be reported to Victorian Secretary 36\n\n51 Register of exercise of powers of entry 36\n\n52 Complaints about exercise of powers 36\n\nDivision 3—Evidential and legal proceeding matters 37\n\n53 Forfeiture 37\n\n54 Conduct by officers, employees or agents 37\n\n55 Offences by bodies corporate 39\n\n56 Actions by firms and unincorporated association 40\n\nPart 9—General 41\n\n57 Regulations 41\n\n58 Transitional provisions 42\n\nEndnotes 43\n\n1 General information 43\n\n2 Table of Amendments 45\n\n3 Explanatory details 46\n\n**Version No.** **004**\n\n**Therapeutic Goods (Victoria) Act 2010**\n\n**No. 25 of 2010**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to provide for the application of the Therapeutic Goods Act 1989 of the Commonwealth as a law of Victoria; and\n\n(b) to provide for the regulation of therapeutic goods in Victoria in circumstances where the Commonwealth Act does not apply; and\n\n(c) to repeal the **Therapeutic Goods (Victoria) Act 1994**.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 February 2011, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***applied provisions*** means the Commonwealth therapeutic goods laws that apply as a law of Victoria by virtue of section 6;\n\nS. 3 def. of *authorised person* amended by No. 37/2014 s. 10(Sch. item 168).\n\n***authorised person*** means—\n\n(a) in relation to any provision of this Act, a Victorian authorised person; or\n\n(b) in relation to the applied provisions, an authorised person within the meaning of paragraph (a) of the definition of ***authorised person*** in the Commonwealth Act; or\n\n(c) in relation to the Victorian provisions, a police officer within the meaning of the **Victoria Police Act 2013**;\n\n***Code of Practice*** means a Code of Practice made or adopted under Part 7;\n\n***Commonwealth Act*** means the Therapeutic Goods Act 1989 of the Commonwealth;\n\nS. 3 def. of *Common-wealth administrative laws* amended by No. 41/2025 s. 3(Sch. 1 item 30).\n\n***Commonwealth administrative laws*** means the following Acts and regulations of the Commonwealth—\n\n(a) the Administrative Review Tribunal Act 2024;\n\n(b) the Freedom of Information Act 1982;\n\n(c) the Ombudsman Act 1976;\n\n(d) the Privacy Act 1988;\n\n(e) any regulation made under an Act referred to in paragraphs (a) to (d);\n\n***Commonwealth Department*** means the Department of Health and Ageing or such other Department of the Commonwealth as is the relevant Department for the purposes of the Commonwealth therapeutic goods laws;\n\n***Commonwealth Minister*** means the Minister responsible for administering the Commonwealth therapeutic goods laws;\n\n***Commonwealth Secretary*** means the Secretary of the Commonwealth Department;\n\n***Commonwealth therapeutic goods laws*** means—\n\n(a) the Therapeutic Goods Act 1989 of the Commonwealth; and\n\n(b) any regulation, order or manufacturing principle made and in force under the Commonwealth Act;\n\n***exempt goods*** has the same meaning as it has in the Commonwealth Act;\n\n***listed goods*** has the same meaning as it has in the Commonwealth Act;\n\n***manufacturer's*** ***licence*** means a licence issued and in force under the Commonwealth Act;\n\n***person*** includes an unincorporated association, a firm and a partnership;\n\n***premises*** includes—\n\n(a) a structure, building, aircraft, vehicle or vessel; and\n\n(b) a place (whether enclosed or built upon or not); and\n\n(c) a part of a thing referred to in paragraph (a) or (b);\n\n***registered dentist*** means a person registered under the Health Practitioner Regulation National Law—\n\n(a) to practise in the dental profession as a dentist (other than as a student); and\n\n(b) in the dentists division of that profession;\n\n***registered goods*** has the same meaning as it has in the Commonwealth Act;\n\n***registered medical practitioner*** means a person registered under  the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\n\n***registered pharmacist*** means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);\n\n***sell*** includes—\n\n(a) sell, whether by wholesale or retail; or\n\n(b) barter or exchange; or\n\n(c) dealing in, agreeing to sell, or offering or exposing for sale; or\n\n(d) keeping or having in possession for sale; or\n\n(e) sell by sending;\n\n***supply*** includes—\n\n(a) sell, dispense or distribute; and\n\n(b) supply, whether free of charge or otherwise, by way of sample or advertisement; and\n\n(c) supply, whether free of charge or otherwise, in the course of testing the safety or efficacy on persons or animals; and\n\n(d) agree or offer to sell or distribute; and\n\n(e) keep or have in possession for sale, dispensing or distribution; and\n\n(f) send, forward, deliver or receive for sale, dispensing or distribution; and\n\n(g) authorise, direct, cause, suffer, permit or attempt any act referred to in paragraphs (a) to (f);\n\n***supply by wholesale***, in relation to goods, means—\n\n(a) supply of the goods for the purposes of resupply; or\n\n(b) supply of an ingredient for the purposes of incorporation in the goods—\n\nand includes supply of the goods in wholesale quantities for use—\n\n(c) in a public institution;\n\n(d) in connection with the carrying on by any person, in prescribed circumstances, of any prescribed activity;\n\n***therapeutic device*** has the same meaning as it has in the Commonwealth Act;\n\n***therapeutic goods*** has the same meaning as it has in the Commonwealth Act;\n\n***therapeutic use*** has the same meaning as it has in the Commonwealth Act;\n\n***Victorian authorised person*** means a person authorised by the Victorian Secretary under Part 8;\n\n***Victorian provisions*** means the provisions of the Act in Parts 1, 6, 7, 8, 9 and 10;\n\n***Victorian Secretary*** means the Secretary within the meaning of the **Public Health and Wellbeing Act 2008**.\n\n\t4 Definitions in Commonwealth Act\n\n(1) Words and expressions used in the Commonwealth Act and in this Act have the same meanings in this Act as they have in the Commonwealth Act.\n\n(2) Subsection (1) does not apply to the extent that the context or subject matter otherwise indicates or requires.\n\n\t5 Act to bind Crown\n\nThis Act binds the Crown not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nPart 2—Applied provisions\n\n\t6 Application of Commonwealth therapeutic goods laws to Victoria\n\n(1) The Commonwealth therapeutic goods laws, as in force for the time being and as modified by or under this Part, apply as a law of Victoria.\n\n(2) Those Commonwealth therapeutic goods laws so apply as if they extended to—\n\n(a) things done or omitted to be done by persons who are not corporations; and\n\n(b) things done or omitted to be done in the course of trade and commerce within the limits of Victoria.\n\n(3) Regulations under this Act may modify the Commonwealth therapeutic goods laws for the purposes of this section.\n\n\t7 Interpretation of Commonwealth therapeutic goods laws\n\n(1) The Acts Interpretation Act 1901 of the Commonwealth, as in force for the time being—\n\n(a) applies as a law of Victoria in relation to the interpretation of the applied provisions; and\n\n(b) so applies as if the applied provisions were an Act of the Commonwealth or regulations or orders under a Commonwealth Act, as the case requires.\n\n(2) The **Interpretation of Legislation Act 1984** does not apply to the applied provisions.\n\nPart 3—Functions and powers under applied provisions\n\n\t8 Functions and powers of Commonwealth Minister\n\nThe Commonwealth Minister has the same functions and powers under the applied provisions as that Minister has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth.\n\n\t9 Functions and powers of Commonwealth Secretary\n\n(1) The Commonwealth Secretary has the same functions and powers under the applied provisions as that Secretary has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth.\n\n(2) Without limiting subsection (1), the Commonwealth Secretary has the function of including goods in the Australian Register of Therapeutic Goods kept under the applied provisions and is authorised to cancel the inclusion of goods in that Register in accordance with the applied provisions.\n\n\t10 Commonwealth may retain fees paid to Commonwealth Secretary\n\nThe Commonwealth may retain fees paid to, or recovered by, the Commonwealth Secretary in respect of the performance or exercise of functions or powers conferred on the Commonwealth Secretary by the applied provisions.\n\n\t11 Functions and powers of other persons\n\nAn authorised person, authorised officer or official analyst appointed under the Commonwealth therapeutic goods laws has the same functions and powers under the applied provisions as that person, officer or analyst has under the Commonwealth therapeutic goods laws as those laws apply to the Commonwealth.\n\n\t12 Delegation by Commonwealth Minister or Commonwealth Secretary\n\nAny delegation by the Commonwealth Minister or the Commonwealth Secretary under section 57 of the Commonwealth Act is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.\n\n\t13 Appointments under Commonwealth therapeutic goods laws\n\nThe appointment of a person to an office or position under a provision of the Commonwealth therapeutic goods laws is taken to extend to, and have effect for the purposes of, the applied provisions.\n\nPart 4—Administrative law matters\n\n\t14 Application of Commonwealth administrative laws to applied provisions\n\n(1) The Commonwealth administrative laws apply as laws of Victoria to any matter arising in relation to the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of Victoria.\n\n(2) For the purposes of a law of Victoria, a matter arising in relation to the applied provisions—\n\n(a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as it would if the applied provisions were a law of the Commonwealth; and\n\n(b) is taken not to be a matter arising in relation to laws of Victoria.\n\n(3) Subsection (2) has effect for the purposes of a law of Victoria except as prescribed by the regulations.\n\n(4) Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.\n\n\t15 Functions and powers conferred on Commonwealth officers and authorities\n\n(1) A Commonwealth administrative law applying because of section 14 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.\n\n(2) In performing a function, or exercising a power, conferred by this section, a Commonwealth officer or authority must act as nearly as is practicable as the officer or authority would in performing or exercising the same function or power under the Commonwealth administrative law.\n\n(3) A function or power conferred on a Commonwealth officer or authority because of this section cannot be performed or exercised by an officer or authority of Victoria.\n\nPart 5—Offences against applied provisions\n\n\t16 Application of Commonwealth criminal laws to offences against applied provisions\n\n(1) The relevant Commonwealth laws apply as laws of Victoria in relation to any offence committed against the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of Victoria.\n\n(2) For the purposes of a law of Victoria, an offence against the applied provisions—\n\n(a) is taken to be an offence against the laws of the Commonwealth in the same way as if the applied provisions were a law of the Commonwealth; and\n\n(b) is taken not to be an offence against the laws of Victoria.\n\n(3) Subsection (2) has effect for the purposes of a law of Victoria except as prescribed by the regulations.\n\n\t17 Functions and powers conferred on certain Commonwealth officers and authorities relating to offences\n\n(1) A provision of the applied provisions applying because of section 16 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth therapeutic goods laws also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.\n\n(2) In performing a function, or exercising a power, conferred by subsection (1), the Commonwealth officer or authority must act as nearly as is practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth therapeutic goods laws.\n\n\t18 No double jeopardy for offences against applied provisions\n\nIf—\n\n(a) an act or omission is both an offence against the applied provisions and an offence against the Commonwealth therapeutic goods laws; and\n\n(b) the offender has been punished for that offence under the Commonwealth therapeutic goods laws—\n\nthe offender is not liable to be punished for that offence under the applied provisions.\n\nPart 6—Provisions specific to Victoria\n\n\t19 Power of Minister to exempt persons or goods by order\n\n(1) Subject to subsection (3), the Minister, by order published in the Government Gazette, may exempt—\n\n(a) any person or class of persons specified in the order from—\n\n(i) all the Victorian provisions; or\n\n(ii) any Victorian provisions specified in the order; or\n\n(b) any goods or class of goods specified in the order from—\n\n(i) all Victorian provisions; or\n\n(ii) any Victorian provisions specified in the order.\n\n(2) Subject to subsection (3), the Minister, by order published in the Government Gazette, may declare that goods are exempt goods for the purposes of any Victorian provisions when those goods are used, advertised or presented for supply in the way specified in the order.\n\n(3) The Minister must not make an order under this section unless he or she is satisfied that making the order is in the interests of public health.\n\n(4) An order under this section is subject to the conditions, if any, specified in the order.\n\n\t20 Hawking of therapeutic goods\n\n(1) Subject to subsection (2), a person must not, without the written consent of the Victorian Secretary, knowingly supply therapeutic goods in a street or from house to house.\n\n1. 10 penalty units.\n\n\n(2) Subsection (1) does not apply to the supply by free distribution of clinical samples of therapeutic goods to a registered medical practitioner, registered pharmacist, registered dentist or veterinary practitioner if—\n\n(a) the supply is by a person licensed to manufacture or supply by wholesale therapeutic goods; and\n\n(b) the goods are supplied to the registered medical practitioner, registered pharmacist, registered dentist or veterinary practitioner personally or by post in a letter or parcel addressed to him or her.\n\n\t21 Supply by vending machine\n\n(1) A person must not, without the written consent of the Victorian Secretary, knowingly install a vending machine for the supply of therapeutic goods, whether in premises under the person's control or elsewhere.\n\n1. 10 penalty units.\n\n\n(2) A person must not, without the written consent of the Victorian Secretary, knowingly supply therapeutic goods by means of a vending machine, whether in premises under the person's control or elsewhere.\n\n1. 10 penalty units.\n\n\n(3) A person must not, without the written consent of the Victorian Secretary, knowingly permit a vending machine for the supply of therapeutic goods to be installed on premises owned or occupied by that person.\n\n1. 10 penalty units.\n\n\n(4) A person must not, without the written consent of the Victorian Secretary, knowingly permit therapeutic goods to be placed in a vending machine under that person's control.\n\n1. 10 penalty units.\n\n\nPart 7—Codes of Practice\n\n\t22 Codes of Practice\n\n(1) The Victorian Secretary may make or adopt Codes of Practice in accordance with this Part.\n\n(2) A Code of Practice must be approved by the Minister before it is made or adopted.\n\n(3) A Code of Practice may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—\n\n(a) wholly or partially or as amended by the Code of Practice; or\n\n(b) as formulated, issued, prescribed or published at the time the Code of Practice is made or adopted or at any time before then; or\n\n(c) as formulated, issued, prescribed or published from time to time.\n\n(4) If a Code of Practice has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Victorian Secretary causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken not to have been so amended.\n\n(5) A Code of Practice may—\n\n(a) confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons and bodies;\n\n(b) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Victorian Secretary;\n\n(c) authorise an authorised person to enforce the Code of Practice.\n\n\t23 Status of a Code of Practice\n\nA Code of Practice is a subordinate instrument for the purposes of the **Interpretation of Legislation Act 1984** except section 32 of that Act.\n\n\t24 Procedure for making or adopting Codes of Practice\n\n(1) Before the Victorian Secretary makes or adopts a Code of Practice, the Victorian Secretary must give a notice stating—\n\n(a) the purpose and general purport of the proposed Code of Practice;\n\n(b) where a copy of the proposed Code of Practice can be obtained or inspected;\n\n(c) in the case of the proposed making of a Code of Practice, that any person may make a submission on the proposed Code of Practice to the Victorian Secretary within the period specified in the notice.\n\n(2) In the case of the proposed making of a Code of Practice, the Victorian Secretary must—\n\n(a) allow at least 28 days after the day on which a notice is given under subsection (1) for the making of submissions; and\n\n(b) if, after considering any submissions made, the Victorian Secretary determines to make the Code of Practice, give a notice stating that the Victorian Secretary intends to make the Code of Practice.\n\n(3) A notice under this section must be—\n\n(a) published in the Government Gazette; and\n\n(b) published in a daily newspaper generally circulating in Victoria; and\n\n(c) sent to bodies or organisations that the Victorian Secretary considers are likely to be affected by the proposed Code of Practice.\n\n\t25 Commencement of Code of Practice\n\nA Code of Practice or a provision of a Code of Practice comes into operation—\n\n(a) on the day on which the Code of Practice is approved by the Minister; or\n\n(b) on such later day as is expressed in the Code of Practice as the day on which the Code of Practice or a provision of the Code comes into operation.\n\n\t26 Availability of Codes of Practice\n\n(1) Upon the making or adoption of a Code of Practice, the Victorian Secretary must cause to be published in the Government Gazette notice of—\n\n(a) the making or adoption of the Code of Practice; and\n\n(b) the date of commencement of the Code of Practice; and\n\n(c) the place where copies of the Code of Practice may be obtained.\n\n(2) A notice published under subsection (1) or a notice of an amendment published under section 22(4) must include a statement that the Code of Practice, any incorporated document or any amendment to an incorporated document (as the case may be) may be inspected at the office of the Victorian Secretary specified in the notice.\n\n\t27 Code or matter etc. applied, adopted or incorporated in Code to be laid before Parliament\n\n(1) The Minister must cause a copy of a Code of Practice that is made or adopted under section 22 and of the notice of its making or adoption to be laid before each House of Parliament within 7 sitting days of that House after the notice is published in the Government Gazette.\n\n(2) If the Code of Practice has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published, the Minister must include that applied, adopted or incorporated matter in the material laid before each House of Parliament under this section.\n\n(3) If the Code of Practice has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published and that document, code, standard, rule, specification or method is at any time amended, the Minister must cause a copy of the amendment and of the notice of amendment under section 22(4) to be laid before each House of Parliament within 7 sitting days of that House after the notice under section 22(4) is published in the Government Gazette.\n\n\t28 Code may be disallowed by either House of Parliament\n\n(1) A Code of Practice may be disallowed in whole or in part by either House of Parliament.\n\n(2) Part 5 of the **Subordinate Legislation Act 1994** applies to a Code of Practice as if—\n\n(a) a reference in that Part to a \"statutory rule\" were a reference to the Code of Practice; and\n\n(b) a reference in section 23(1)(c) of that Act to \"section 15(1)\" were a reference to section 27(1) of this Act.\n\n(3) A reference to a Code of Practice in this section includes a reference to any amendment of a Code of Practice.\n\n\t29 No liability if Code of Practice not available\n\nA person must not be prejudicially affected or made subject to any liability under a Code of Practice if it is proved that at the relevant time—\n\n(a) notice of the Code of Practice had not been published in the Government Gazette; or\n\n(b) a copy of the Code of Practice and any incorporated matter was not available for inspection.\n\n\t30 Review by VCAT\n\n(1) A person whose interests are affected by a decision of the Victorian Secretary under this Part may apply to VCAT for review of the decision.\n\n(2) An application for review must be made within 28 days after the later of—\n\n(a) the day on which the decision is made;\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nPart 8—Enforcement—Victorian provisions\n\nDivision 1—Authorised persons\n\n\t31 Victorian authorised persons\n\n(1) The Victorian Secretary may authorise any employee under Part 3 of the **Public Administration Act 2004** to be a Victorian authorised person to exercise powers under this Act or a specified provision or provisions of this Act if the Secretary believes the person has the appropriate training, qualifications, knowledge or experience to be appointed as an authorised person.\n\n(2) An authorisation under subsection (1) must be in writing.\n\n\t32 Identity cards\n\n(1) The Victorian Secretary must ensure that each Victorian authorised person is issued with an identity card that—\n\n(a) contains a photograph of the person; and\n\n(b) states the full name of the person to whom it is issued; and\n\n(c) states that the person is a Victorian authorised person for the purposes of this Act or a specified provision or provisions of this Act, as the case requires.\n\n(2) In any proceedings under this Act, other than under the applied provisions, an identity card purporting to be issued to a person by the Victorian Secretary under this Part is evidence of the authorisation of that person as a Victorian authorised person.\n\n(3) If a person ceases to be a Victorian authorised person, the person must return the person's identity card to the Victorian Secretary as soon as practicable after ceasing to be a Victorian authorised person.\n\n\t33 Production of identity card when exercising powers\n\n(1) A Victorian authorised person must produce his or her identity card for inspection at any time—\n\n(a) before exercising a power or function under this Act; or\n\n(b) if asked to do so by any person at any time during the exercise of a power or function under this Act.\n\n(2) If a Victorian authorised person proposes to exercise a power or functions under this Act and fails to produce on demand his or her identity card, the person is not authorised to exercise those powers or functions in relation to the person making the demand.\n\n\t34 Victorian authorised persons subject to Victorian Secretary's direction\n\n(1) The Victorian Secretary may give a direction to a Victorian authorised person in relation to the Victorian authorised person's performance or exercise of a function or power under this Act.\n\n(2) A direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter.\n\nDivision 2—Enforcement powers of Victorian authorised persons\n\n\t35 Offence-related searches and seizures with consent\n\n(1) A Victorian authorised person may only exercise powers under this section if he or she has reasonable grounds for suspecting that there is on any premises a particular thing that may be evidence of the commission of an offence against the Victorian provisions.\n\n(2) A Victorian authorised person may—\n\n(a) enter any part of a premises that is generally open to the public during reasonable business hours without the consent of the occupier (if any) of the premises; and\n\n(b) exercise the powers set out in this section and section 40.\n\n(3) Subject to subsection (4), with the consent in writing of the occupier of the premises, a Victorian authorised person may—\n\n(a) enter the premises and search for a thing referred to in subsection (1) without applying for a search warrant; and\n\n(b) exercise the powers set out in this section and section 40.\n\n(4) A Victorian authorised person must not enter and search any premises with the consent of the occupier unless, before the occupier consents to that entry, the Victorian authorised person has—\n\n(a) produced his or her identity card for inspection; and\n\n(b) informed the occupier—\n\n(i) of the purpose of the search; and\n\n(ii) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and\n\n(iii) that the occupier may refuse to consent to the taking of any sample of goods or any copy or extract from a document found on the premises during the search; and\n\n(iv) that anything seized or taken during the search with the consent of the occupier may be used in evidence in proceedings.\n\n(5) If the consent is given, the Victorian authorised person may ask the occupier to sign an acknowledgment of the consent.\n\n(6) The acknowledgment must state—\n\n(a) that the occupier or apparent occupier (as the case requires) has been informed—\n\n(i) of the purpose of the entry; and\n\n(ii) that the occupier or apparent occupier is not required to consent; and\n\n(b) the purpose of the entry; and\n\n(c) that the occupier or apparent occupier gives the Victorian authorised person consent to enter the place and exercise powers under this Part; and\n\n(d) the time and date the consent was given.\n\n(7) For the purpose of asking the occupier of residential premises for consent to enter, the Victorian authorised person, without the occupier's consent or a warrant may—\n\n(a) enter land around the residential premises to an extent that is reasonable to contact the occupier; or\n\n(b) enter part of the premises the Victorian authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n\n(8) If a thing referred to in subsection (1) is found during a search under this section, the Victorian authorised person may—\n\n(a) inspect any thing on the premises;\n\n(b) inspect, and make copies of, or take extracts from, the thing;\n\n(c) seize the thing if the Victorian authorised person believes on reasonable grounds that it—\n\n(i) may be evidence of the commission of an offence against the Victorian provisions; or\n\n(ii) is necessary to seize it in order to prevent its concealment, loss or destruction.\n\n\t36 Occupier to be given copy of consent\n\n(1) An occupier who consents in writing to the entry and search of the occupier's premises, including residential premises under section 35, must be given a copy of the signed consent immediately.\n\n(2) In any proceeding, if a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search.\n\n\t37 Search warrants\n\n(1) A Victorian authorised person may apply to a magistrate for the issue of a search warrant in relation to premises if the Victorian authorised person believes on reasonable grounds that there is, or may be within the next 72 hours, a particular thing (including a document) at the premises that may afford evidence of the commission of an offence against the Victorian provisions.\n\n(2) If a magistrate is satisfied that there are reasonable grounds to believe that a particular kind of thing which may be evidence of a contravention of the Victorian provisions is on the premises, he or she may issue a search warrant in accordance with the **Magistrates' Court Act 1989** authorising a specified Victorian authorised person and any other specified person or persons—\n\n(a) to enter the premises with any necessary equipment; and\n\n(b) to do all or any of the following—\n\n(i) search for or seize;\n\n(ii) secure against interference;\n\n(iii) examine, inspect and make copies of, or take extracts from—\n\na particular kind of thing or things specified or described in the warrant which the Victorian authorised person reasonably believes to be connected with the alleged contravention.\n\n(3) The search warrant must state—\n\n(a) the offence suspected; and\n\n(b) the premises to be searched; and\n\n(c) a description of the thing for which the search is to be made; and\n\n(d) the purpose of the search and nature of the alleged contravention; and\n\n(e) any conditions to which the warrant is subject; and\n\n(f) whether entry is authorised to be made at any time of the day or night or only during particular hours; and\n\n(g) that the warrant authorises entry on only one occasion; and\n\n(h) when the warrant ceases to have effect, which must be no more than 7 days after it is issued.\n\n(4) Subject to subsection (5), a search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and must be in the form prescribed under that Act.\n\n(5) Despite section 78 of the **Magistrates' Court Act 1989**, a search warrant under this section must not authorise a Victorian authorised person to arrest a person.\n\n(6) Except as provided by this Act, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** extend and apply to warrants issued under this section.\n\n\t38 Announcement before entry on search warrant\n\n(1) Before executing a search warrant, the Victorian authorised person named in the warrant, or a person assisting the Victorian authorised person, must—\n\n(a) announce that he or she is authorised by the search warrant to enter the premises; and\n\n(b) give any person at the premises an opportunity to allow that entry.\n\n(2) Despite subsection (1), a Victorian authorised person, or person assisting the Victorian authorised person, need not comply with that subsection if he or she believes on reasonable grounds that immediate entry to the premises is needed to ensure—\n\n(a) the safety of any person; or\n\n(b) that the effective execution of the search warrant is not frustrated.\n\n\t39 Copy of search warrant to be given to occupier\n\nIf an occupier is present at the premises when a search warrant is being executed, the Victorian authorised person must—\n\n(a) identify himself or herself to that person by producing his or her identity card for inspection; and\n\n(b) give that person a copy of the execution copy of the search warrant.\n\n\t40 General powers of Victorian authorised persons in relation to premises\n\n(1) Subject to subsection (2), a Victorian authorised person who enters premises (including a public place) under section 35 or pursuant to a search warrant issued under this Part has the following powers—\n\n(a) to search any part of the premises;\n\n(b) to inspect, examine, take measures of, or conduct tests (including by the taking of samples) concerning any thing in or on the premises that relates to therapeutic goods or to vending machines;\n\n(c) to take extracts from, and make copies of, any documents relating to therapeutic goods or vending machines in or on the premises;\n\n(d) if the Victorian authorised person was only authorised to enter the premises because the occupier of the premises consented to the entry, to require the occupier to—\n\n(i) answer any questions put by that authorised person; and\n\n(ii) produce any books, records or documents requested by that authorised person; and\n\n(e) if the Victorian authorised person was authorised to enter the premises by a search warrant under this Part, to require any person in or on the premises to—\n\n(i) answer any questions put by that authorised person; and\n\n(ii) produce any books, records or documents requested by that authorised person;\n\n(f) to take into or onto the premises any equipment and materials that the Victorian authorised person requires for the purpose of exercising powers in relation to the premises.\n\n(2) Subsection (1) has effect subject to any terms or conditions of a search warrant issued under section 37.\n\n\t41 False or misleading information\n\n(1) A person must not, in response to a request or requirement under section 40(1)(d) or 40(1)(e), give information that the person knows to be false or misleading in a material detail.\n\n1. 20 penalty units.\n\n\n(2) A person must not, in response to a request or requirement under section 40(1)(d) or 40(1)(e) produce a document that the person knows to be false or misleading in a material detail without—\n\n(a) indicating the respect in which it is false or misleading; and\n\n(b) if practicable, providing correct information.\n\n1. 20 penalty units.\n\n\n\t42 Protection against self-incrimination\n\n(1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.\n\n(2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.\n\n\t43 Receipt must be given for any thing seized\n\n(1) A Victorian authorised person must not seize a thing apparently in the possession or custody of a person unless the Victorian authorised person completes and gives to the person a receipt for the thing seized that—\n\n(a) identifies the thing; and\n\n(b) states the name of the Victorian authorised person and the reason why the thing is being seized.\n\n(2) A Victorian authorised person must leave the receipt with, or post it to, the owner of the premises from which the thing was seized if the Victorian authorised person is unable to discover the identity of—\n\n(a) the lawful owner of a thing seized; or\n\n(b) the person from whose custody a thing is seized.\n\n\t44 Copies of certain seized things to be given\n\n(1) Subject to subsection (2), if a Victorian authorised person seizes—\n\n(a) a document; or\n\n(b) a thing that can be readily copied; or\n\n(c) a storage device containing information that can be readily copied—\n\nthe Victorian authorised person, as soon as is practicable after the seizure, must give a copy of the thing or information to—\n\n(d) the owner; or\n\n(e) the person from whom the document, thing or device was seized.\n\n(2) Subsection (1) does not apply—\n\n(a) to a document, thing or device moved under section 45(2); or\n\n(b) if the Victorian authorised person is unable to discover the identity of the lawful owner or person from whom any document, thing or device is seized.\n\n\t45 Use of equipment to examine or process things\n\n(1) A Victorian authorised person may bring on to any premises (including a public place) any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized.\n\n(2) Things referred to in subsection (1) may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized if—\n\n(a) it is not practicable to examine or process the things at the premises; or\n\n(b) the occupier of the premises consents in writing.\n\n(3) A Victorian authorised person, or a person assisting that authorised person, may operate equipment already at the premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized, if the Victorian authorised person or person assisting believes on reasonable grounds that—\n\n(a) the equipment is suitable for the examination or processing; and\n\n(b) the examination or processing can be carried out without damage to the equipment or the thing.\n\n\t46 Use or seizure of electronic equipment at premises\n\n(1) If—\n\n(a) a thing found at a premises is or includes a disk, tape or other information storage device; and\n\n(b) equipment at the premises may be used with the disk, tape or other information storage device; and\n\n(c) an authorised person believes on reasonable grounds that the information stored on the disk, tape or other information storage device is relevant to determine whether the Victorian provisions have been contravened—\n\nthe Victorian authorised person or a person assisting that authorised person may operate, or may require the occupier or an employee of the occupier to operate, the equipment to access the information.\n\n(2) If a Victorian authorised person or a person assisting that authorised person finds that a disk, tape or other information storage device at the premises contains information of the kind referred to in subsection (1)(c), the Victorian authorised person—\n\n(a) may put the information in documentary form and seize the documents so produced; or\n\n(b) may copy the information to another disk, tape or other information storage device and remove that disk, tape or other information storage device from the premises; or\n\n(c) if it is not practicable to put the information in documentary form or to copy the information, may seize the disk, tape or other information storage device and the equipment that enables the information to be accessed.\n\n(3) A Victorian authorised person or a person assisting that authorised person must not operate or seize equipment for the purpose referred to in this section unless the Victorian authorised person or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.\n\n\t47 Return of seized documents or things\n\n(1) If a Victorian authorised person seizes a document or other thing under this Part, he or she must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.\n\n(2) If the document or thing has not been returned within 3 months after it was seized, the Victorian authorised person must take reasonable steps to return it unless—\n\n(a) proceedings for the purpose for which the document or thing was kept have started within that 3 month period and those proceedings (including any appeal) have not been completed; or\n\n(b) the Magistrates' Court makes an order under section 48 extending the period for which the document or thing may be kept.\n\n\t48 Court may extend period\n\n(1) A Victorian authorised person may apply to the Magistrates' Court for an extension of the period during which the seized thing may be retained.\n\n(2) An application under subsection (1) may be made—\n\n(a) within 3 months after seizing a thing; or\n\n(b) if an extension has been granted under this section, within that extended period.\n\n(3) The Magistrates' Court may order the extension of the period during which a seized thing may be retained if satisfied that retention of the thing is necessary—\n\n(a) for the purposes of an investigation into whether an offence has been committed; or\n\n(b) to enable evidence of an offence to be obtained for the purposes of a prosecution.\n\n(4) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person.\n\n\t49 Offence to hinder or obstruct Victorian authorised person\n\nA person must not, without reasonable excuse, hinder or obstruct a Victorian authorised person who is exercising a power under this Part.\n\n1. 60 penalty units.\n\n\n\t50 Entry to be reported to Victorian Secretary\n\n(1) Within 7 days after exercising a power to enter premises under this Part, a Victorian authorised person must report the exercise of the power to the Victorian Secretary.\n\n(2) The report must include all relevant details of the entry including particulars of—\n\n(a) the purpose, time and place of the entry; and\n\n(b) the things done while on the premises, including details of things seized, copies made and extracts taken; and\n\n(c) when the Victorian authorised person left the premises.\n\n\t51 Register of exercise of powers of entry\n\nThe Victorian Secretary must keep a register containing the particulars of all reports made under section 50.\n\n\t52 Complaints about exercise of powers\n\n(1) A person may complain to the Victorian Secretary about the exercise of a power by a Victorian authorised person under this Part.\n\n(2) The Victorian Secretary must—\n\n(a) investigate the complaint; and\n\n(b) provide a written report to the complainant on the results of the investigation.\n\nDivision 3—Evidential and legal proceeding matters\n\n\t53 Forfeiture\n\n(1) If a court convicts a person of an offence against the Victorian provisions in relation to any therapeutic goods—\n\n(a) the court may order that the goods be forfeited to the State; and\n\n(b) if an order referred to in paragraph (a) is made, the goods become the property of the State.\n\n(2) If goods are forfeited under an order referred to in subsection (1), the Victorian Secretary may cause notice of the forfeiture to be published in the Government Gazette.\n\n(3) Goods forfeited under an order referred to in subsection (2) are to be disposed of in such manner as the Victorian Secretary directs.\n\n\t54 Conduct by officers, employees or agents\n\n(1) If, in any proceeding under the Victorian provisions, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—\n\n(a) that the conduct was engaged in by an officer of that body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or\n\n(b) that the conduct was engaged in by an agent of the body corporate and—\n\n(i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; and\n\n(ii) the agent had that state of mind; and\n\n(iii) the body corporate was aware of the agent's state of mind when the conduct was engaged in.\n\n(2) For the purposes of any proceeding under the Victorian provisions, any conduct engaged in on behalf of a body corporate is deemed to have been engaged in also by the body corporate if the conduct was engaged in by—\n\n(a) an officer of the body corporate within the scope of the officer's actual or apparent authority; or\n\n(b) any other person at the specific direction or with the specific consent or agreement of an officer of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer .\n\n(3) If, in any proceeding under the Victorian provisions, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show—\n\n(a) that the conduct was engaged in by an employee of that person within the scope of the employee's actual or apparent authority and the employee had that state of mind; or\n\n(b) that the conduct was engaged in by an agent of the person and—\n\n(i) the agent acted at the specific direction or with the specific consent or agreement of the person; and\n\n(ii) the agent had that state of mind; and\n\n(iii) the person was aware of the agent's state of mind when the conduct was engaged in.\n\n(4) For the purposes of any proceeding under the Victorian provisions, any conduct engaged in on behalf of a person other than a body corporate (***the principal***) is deemed to have been engaged in also by the principal if the conduct was engaged in by—\n\n(a) an employee of the principal within the scope of the employee's actual or apparent authority; or\n\n(b) any other person at the specific direction or with the specific consent or agreement of an employee of the principal, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee .\n\n(5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.\n\n\t55 Offences by bodies corporate\n\n(1) If a body corporate contravenes any provision of the Victorian provisions, each officer of the body corporate is taken to have contravened the same provision if the officer knowingly authorised or permitted the contravention.\n\n(2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against under that provision.\n\n(3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against the Victorian provisions.\n\n\t56 Actions by firms and unincorporated association\n\nIf the Victorian provisions provide that a person, being a firm or an unincorporated association, is guilty of an offence, that reference to the person—\n\n(a) in the case of a partnership, is to be read as a reference to each member of the partnership; and\n\n(b) in the case of any other unincorporated body, is to be read as a reference to each member of the committee of management of the body.\n\nPart 9—General\n\n\t57 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) prohibiting or regulating the supply of therapeutic goods of a specified class or classes;\n\n(b) the inspection of premises, stocks, books, documents and records;\n\n(c) prohibiting the supply of therapeutic goods by prescribed self-service methods;\n\n(d) providing for the disposal of things seized under the Victorian provisions;\n\n(e) prescribing penalties not exceeding 20 penalty units for any contravention of the regulations;\n\n(f) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstance;\n\n(c) apply, adopt or incorporate by reference any document formulated or published by a person or body, either—\n\n(i) without modification or as modified by the regulations; or\n\n(ii) as formulated or published on or before the date when the regulations are made; or\n\n(iii) as formulated or published from time to time;\n\n(d) confer a discretionary authority or impose a duty on a specified person or class of persons.\n\n\t58 Transitional provisions\n\n(1) On and from the commencement of section 59, a person authorised by the Victorian Secretary under section 7 of the **Therapeutic Goods (Victoria) Act 1994** is taken to be an authorised person within the meaning of this Act.\n\n(2) Despite the repeal of the **Therapeutic Goods (Victoria) Act 1994** an order made by the Minister under section 9 of that Act and in force immediately before its repeal is taken to be an order made under section 19.\n\n(3) Despite the repeal of the **Therapeutic Goods (Victoria) Act 1994** a written consent under section 16 or section 17 of that Act and in force immediately before its repeal is taken to be—\n\n(a) in the case of a written consent under section 16 of that Act, a written consent under section 20;\n\n(b) in the case of a written consent under section 17 of that Act, a written consent under section 21.\n\nPt 10 (Heading and ss 59, 60) repealed by No. 25/2010 s. 60.\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 25 March 2010*\n\n*Legislative Council: 15 April 2010*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to repeal the **Therapeutic Goods (Victoria) Act 1994**, to provide for the application of the Therapeutic Goods Act 1989 of the Commonwealth as a law of Victoria, to provide for continued controls over therapeutic goods not covered by the Commonwealth Act and for other purposes.\"\n\nThe **Therapeutic Goods (Victoria) Act 2010** was assented to on 1 June 2010 and came into operation on 3 August 2010: Special Gazette (No. 306) 3 August 2010 page 1.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Therapeutic Goods (Victoria) Act 2010** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Therapeutic Goods (Victoria) Act 2010** **, No. 25/2010**\n\n| Assent Date: | 1.6.10 |\n| --- | --- |\n| Commencement Date: | S. 60 on 1.2.12: s. 60 |\n| Current State: | This information relates only to the provision/s amending the **Therapeutic Goods (Victoria) Act 2010** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| --- | --- |\n| Commencement Date: | S. 10(Sch. item 168) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Therapeutic Goods (Victoria) Act 2010** |\n\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 30) on 22.10.25: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Therapeutic Goods (Victoria) Act 2010** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act's core scope—applying the Commonwealth Therapeutic Goods Act 1989 as Victorian law and providing Victorian regulation where Commonwealth law does not apply—remains unchanged (s.1; s.6). Amendments recorded in the Table of Amendments update definitions and administrative references (for example, the authorised person definition updated by No. 37/2014 and the list of Commonwealth administrative laws updated by No. 41/2025; see s.3 and table of amendments) but do not alter the Act's principal coverage or the mechanism by which Commonwealth laws are applied in Victoria."},"complexity_factors":["Cross‑jurisdictional application: Commonwealth therapeutic goods laws are applied as Victorian law (s.6) and interpreted using Commonwealth Acts Interpretation Act (s.7), creating layered legal sources.","Administrative law linkage: Commonwealth administrative laws are applied to applied provisions, with special rules and exclusions (s.14).","Shared decision‑makers and delegations: Commonwealth Minister/Secretary exercise functions under the applied provisions (ss.8–9), delegations and appointments extend to Victoria (ss.12–13).","Fees and financial flows: Commonwealth may retain fees paid to the Commonwealth Secretary (s.10), affecting who bears costs and collects revenue.","Victorian‑specific enforcement regime: detailed appointment, identification, search, seizure, electronic‑evidence and reporting rules for Victorian authorised persons (Part 8, ss.31–52).","Discretionary Victorian powers: Ministerial exemptions and consents (s.19) and consent requirements for hawking and vending machines (ss.20–21) confer significant executive discretion.","Regulatory instruments and incorporation: Codes of Practice may adopt external documents and are subject to parliamentary laying and disallowance (Part 7), and regulations may incorporate external material (s.57).","Evidential and liability provisions: corporate/officer liability rules, forfeiture and return of seized items add procedural and substantive complexity (ss.53–56, ss.43–48).","Transitional and amendment history: preserved transitional arrangements and later technical amendments affect definitions and administrative links (s.58; Table of Amendments)."],"plain_english_summary":"Applies the Commonwealth Therapeutic Goods Act 1989 as a law of Victoria and supplements it where Commonwealth law does not reach, affecting manufacturers, suppliers, health practitioners and sellers of therapeutic goods by imposing registration, consent, inspection and criminal rules. Fees collected for Commonwealth Secretary functions may be retained by the Commonwealth (s.10); decision‑makers include the Commonwealth Minister and Secretary under the applied law and the Victorian Minister and Secretary who can grant exemptions, consents and make Codes of Practice (ss.8–9, s.19, Part 7)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to serve its original and narrow purpose as a constitutional referral of legislative power to the Commonwealth. There is no indication from the available text that its scope has expanded or shifted from its original intent. It remains a technical enabling instrument consistent with similar referral Acts passed by other Australian states."},"complexity_factors":["Requires understanding of Australian constitutional law — specifically the referral of powers mechanism under section 51(xxxvii) of the Constitution","Short and narrow in scope, but the legal effect is indirect — you must read it alongside the Commonwealth Therapeutic Goods Act 1989 to understand its full impact","Minimal substantive content visible in the provided text, making full analysis difficult","The practical regulatory framework it enables (the TGA regime) is itself highly complex, though that complexity sits in federal legislation rather than this Act"],"plain_english_summary":"Victoria formally hands power to the Commonwealth to regulate therapeutic goods, letting the national regulator (TGA) apply uniform rules in the state. \n\nThat affects businesses, healthcare professionals and consumers by keeping medicines, devices and vaccines subject to a single national safety and quality framework, ensuring Victorian law stays aligned with Australia-wide therapeutic goods regulation."},"issue_detection":{"absurdities":[{"type":"other","section":"17(1)","severity":"high","reasoning":"Section 17(1) applies to a provision of the applied provisions “applying because of section 16”. However, section 16(1) makes the relevant Commonwealth laws—not any provision of the applied provisions—apply as Victorian laws. The applied provisions instead apply under section 6. Therefore, the stated trigger for section 17(1) does not occur on the supplied text.","confidence":0.99,"description":"The operative cross-reference to section 16 cannot work as written.","source_quotes":["The Commonwealth therapeutic goods laws, as in force for the time being and as modified by or under this Part, apply as a law of Victoria.","The relevant Commonwealth laws apply as laws of Victoria in relation to any offence committed against the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of Victoria.","A provision of the applied provisions applying because of section 16 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth therapeutic goods laws also confers on the officer or authority the same function or power in relation to an"]}],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of applying Commonwealth therapeutic goods law to Victoria while maintaining specific Victorian controls where the Commonwealth law does not apply. The scope has not expanded beyond therapeutic goods regulation."},"complexity_factors":["Dual legal framework: The Act operates simultaneously as a 'mirror' of Commonwealth law (applied provisions) and standalone Victorian law (Victorian provisions), requiring readers to cross-reference two separate statutory regimes","Extensive cross-referencing: 47+ defined terms in section 3, many of which defer to definitions in the Commonwealth Therapeutic Goods Act 1989","Complex enforcement machinery: Part 8 contains 22 sections with detailed procedural requirements for searches, warrants, seizures, and evidence handling, including nested conditions (e.g., consent requirements in sections 35-36, warrant specifications in section 37)","Administrative law overlay: Part 4 applies Commonwealth administrative laws (AAT Act, FOI Act, Privacy Act) to Victorian matters through a complex 'deeming' mechanism (sections 14-15)","Criminal law integration: Part 5 applies Commonwealth criminal procedure to offences under the Act (section 16), creating a hybrid state/federal enforcement framework","Codes of Practice mechanism: Part 7 creates a subordinate legislative instrument with unique parliamentary disallowance procedures (sections 27-28) and incorporation by reference powers (section 22)","Multiple jurisdictional layers: The Act distinguishes between 'applied provisions', 'Victorian provisions', and 'Commonwealth therapeutic goods laws', each with different enforcement personnel and procedures"],"plain_english_summary":"This Victorian law essentially 'imports' Australia's national therapeutic goods laws (the Commonwealth Therapeutic Goods Act 1989) and makes them apply as Victorian law. This ensures medicines, medical devices, and other therapeutic goods are regulated consistently across Victoria and the rest of Australia.\n\n**What it does:**\n- **Adopts Commonwealth law**: The national therapeutic goods laws automatically apply in Victoria, even to individuals and intrastate trade that federal law might not otherwise cover (sections 6-7).\n- **Preserves Victorian-specific rules**: Where the Commonwealth law doesn't apply, Victoria maintains its own controls, including:\n  - Banning door-to-door sales ('hawking') of medicines without permission (section 20)\n  - Banning vending machine sales of medicines without permission (section 21)\n  - Allowing the Minister to exempt certain people or products from these rules for public health reasons (section 19)\n- **Creates enforcement powers**: Authorised Victorian inspectors can enter premises, seize evidence, and issue fines for breaches of these Victorian-specific rules (Part 8).\n- **Establishes Codes of Practice**: The Victorian Secretary can create detailed industry guidelines that have legal force, subject to parliamentary oversight (Part 7).\n\n**Who it affects:**\n- Pharmaceutical companies and medical device manufacturers\n- Pharmacies, hospitals, and healthcare providers\n- Anyone selling or supplying therapeutic goods in Victoria\n- Consumers (by ensuring product safety standards)\n\n**Why it matters:**\nWithout this law, there would be gaps in medicine regulation—some products might escape oversight entirely, or businesses might face conflicting state and federal rules. The law ensures Victorians have the same protections as other Australians while preserving specific local controls where needed."}},"importantCases":[],"_links":{"self":"/api/acts/therapeutic-goods-victoria-act-2010","history":"/api/acts/therapeutic-goods-victoria-act-2010/history","analysis":"/api/acts/therapeutic-goods-victoria-act-2010/analysis","conflicts":"/api/acts/therapeutic-goods-victoria-act-2010/conflicts","importantCases":"/api/acts/therapeutic-goods-victoria-act-2010/important-cases","documents":"/api/acts/therapeutic-goods-victoria-act-2010/documents"}}