Medicines and Poisons Act 2019
sec.119Chief executive may make recall order
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sec.119 Chief executive may make recall order
This section applies if the chief executive considers a product containing a regulated substance poses a health risk. The chief executive may make a written order (a recall order ) that— is directed to a stated person (the responsible person ) who the chief executive believes is responsible for the manufacture, possession or supply of the product; and requires the responsible person to recall the product from manufacture, possession or supply. Without limiting subsection (2) , the chief executive may make a recall order for a product if the chief executive considers the order is reasonably necessary to prevent or minimise a health risk because— labelling of the product is inaccurate; or packaging of the product is not sufficiently secure having regard to the nature of the product; or the product is not safe or effective when used in accordance with the label for the use of the product; or the product is contaminated or not consistent with the usual specifications for the product. (sec.119-ssec.1) This section applies if the chief executive considers a product containing a regulated substance poses a health risk. (sec.119-ssec.2) The chief executive may make a written order (a recall order ) that— is directed to a stated person (the responsible person ) who the chief executive believes is responsible for the manufacture, possession or supply of the product; and requires the responsible person to recall the product from manufacture, possession or supply. (sec.119-ssec.3) Without limiting subsection (2) , the chief executive may make a recall order for a product if the chief executive considers the order is reasonably necessary to prevent or minimise a health risk because— labelling of the product is inaccurate; or packaging of the product is not sufficiently secure having regard to the nature of the product; or the product is not safe or effective when used in accordance with the label for the use of the product; or the product is contaminated or not consistent with the usual specifications for the product.
- (a) is directed to a stated person (the responsible person ) who the chief executive believes is responsible for the manufacture, possession or supply of the product; and
- (b) requires the responsible person to recall the product from manufacture, possession or supply.
- (a) labelling of the product is inaccurate; or
- (b) packaging of the product is not sufficiently secure having regard to the nature of the product; or
- (c) the product is not safe or effective when used in accordance with the label for the use of the product; or
- (d) the product is contaminated or not consistent with the usual specifications for the product.