Medicines, Poisons and Therapeutic Goods Act 2022
140Health Secretary may make public health risk authorisation orders
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140 Health Secretary may make public health risk authorisation orders
140 Health Secretary may make public health risk authorisation orders
(1) The Health Secretary may make an order (a public health risk authorisation order) that authorises a specified person or class of persons to possess, supply, wholesale supply, obtain wholesale supply, administer, dispense, use, prescribe, manufacture, store or dispose of therapeutic goods or stock medicines.
(2) The Health Secretary may make a public health risk authorisation order if the Health Secretary considers on reasonable grounds that—
(a) a situation presents, or is likely to present, a risk to the health or safety of humans or animals, and
(b) the order is necessary or convenient to deal with the risk and the possible consequences.
(3) A public health risk authorisation order must specify the following—
(a) the purpose of the order, including the risk being dealt with,
(b) the person or class of persons authorised by the order,
(c) the activity the person or class of persons specified in the order is authorised to do,
(d) the therapeutic goods or stock medicines in relation to which the person or class of persons is authorised to undertake the activity,
(e) other conditions to which the authorisation is subject.
(4) A public health risk authorisation order is not invalid just because the matter referred to in subsection (3)(a) is not specified in the order.
(5) A public health risk authorisation order must be published in the Gazette as soon as practicable after it is made.
(6) The Health Secretary must consult with the Secretary of the Department of Regional NSW before making a public health risk authorisation order that relates to, or affects, the health or safety of animals.
(7) Failure to comply with subsection (5) or (6) does not invalidate the public health risk authorisation order.
(8) The operation of a public health risk authorisation order may be extended by the making of a further order under this section on or before the expiry of the order.