Therapeutic Goods (Victoria) Act 2010

This Act makes the Commonwealth Therapeutic Goods Act 1989 and related Commonwealth instruments apply in Victoria, and it fills regulatory gaps where the Commonwealth law does not apply. The statutory purposes are explicit: to apply the Commonwealth Act as a law of Victoria, to regulate therapeutic goods in Victoria where the Commonwealth Act does not apply, and to repeal the older Victorian statute (Therapeutic Goods (Victoria) Act 1994) (s 1). Mechanically, the Act imports the Commonwealth therapeutic goods laws "as in force for the time being" and enables modification of those laws by Victoria's regulations (s 6(1)-(3)). The applied provisions are defined to include the Commonwealth Act and any regulation, order or manufacturing principle made under it (s 3).

Key mechanics the Act establishes

The Commonwealth therapeutic goods laws apply in Victoria as Victorian law, but the Acts Interpretation Act 1901 (Commonwealth) is to be used when interpreting the applied provisions; the Victorian Interpretation of Legislation Act 1984 does not apply to the applied provisions (s 7(1)-(2)).
Commonwealth decision-makers and officers retain the same functions and powers under the applied provisions as they have under the Commonwealth Act in relation to Commonwealth law (ss 8-13). The Commonwealth Secretary may include or cancel goods on the Australian Register of Therapeutic Goods under these applied provisions (s 9(2)).
Commonwealth administrative laws (a defined list including FOI Act 1982, Privacy Act 1988 and the Administrative Review Tribunal Act 2024) apply as laws of Victoria to matters arising under the applied provisions, and Commonwealth criminal laws apply to offences against the applied provisions (ss 14, 16).
Victoria retains a suite of state-specific powers and enforcement tools for matters not caught by the Commonwealth regime: ministerial exemption orders (s 19), prohibitions on hawking (s 20) and on vending-machine supply without the Victorian Secretary's consent (s 21), Codes of Practice made or adopted by the Victorian Secretary (Part 7), and a separate Victorian enforcement regime for the Victorian provisions (Part 8).

Version No. 004

Therapeutic Goods (Victoria) Act 2010

No. 25 of 2010

Version incorporating amendments as at
22 October 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

4 Definitions in Commonwealth Act 6

5 Act to bind Crown 6

Part 2—Applied provisions 7

6 Application of Commonwealth therapeutic goods laws to Victoria 7

7 Interpretation of Commonwealth therapeutic goods laws 7

Part 3—Functions and powers under applied provisions 8

8 Functions and powers of Commonwealth Minister 8

9 Functions and powers of Commonwealth Secretary 8

10 Commonwealth may retain fees paid to Commonwealth Secretary 8

11 Functions and powers of other persons 8

12 Delegation by Commonwealth Minister or Commonwealth Secretary 9

13 Appointments under Commonwealth therapeutic goods laws 9

Part 4—Administrative law matters 10

14 Application of Commonwealth administrative laws to applied provisions 10

15 Functions and powers conferred on Commonwealth officers and authorities 10

Part 5—Offences against applied provisions 12

16 Application of Commonwealth criminal laws to offences against applied provisions 12

17 Functions and powers conferred on certain Commonwealth officers and authorities relating to offences 12

18 No double jeopardy for offences against applied provisions 13

Part 6—Provisions specific to Victoria 14

19 Power of Minister to exempt persons or goods by order 14

20 Hawking of therapeutic goods 14

21 Supply by vending machine 15

Part 7—Codes of Practice 17

22 Codes of Practice 17

23 Status of a Code of Practice 18

24 Procedure for making or adopting Codes of Practice 18

25 Commencement of Code of Practice 19

26 Availability of Codes of Practice 19

27 Code or matter etc. applied, adopted or incorporated in Code to be laid before Parliament 20

28 Code may be disallowed by either House of Parliament 20

29 No liability if Code of Practice not available 21

30 Review by VCAT 21

Part 8—Enforcement—Victorian provisions 22

Division 1—Authorised persons 22

31 Victorian authorised persons 22

32 Identity cards 22

33 Production of identity card when exercising powers 23

34 Victorian authorised persons subject to Victorian Secretary's direction 23

Division 2—Enforcement powers of Victorian authorised persons 24

35 Offence-related searches and seizures with consent 24

36 Occupier to be given copy of consent 26

37 Search warrants 27

38 Announcement before entry on search warrant 28

39 Copy of search warrant to be given to occupier 29

40 General powers of Victorian authorised persons in relation to premises 29

41 False or misleading information 30

42 Protection against self-incrimination 31

43 Receipt must be given for any thing seized 31

44 Copies of certain seized things to be given 32

45 Use of equipment to examine or process things 32

46 Use or seizure of electronic equipment at premises 33

47 Return of seized documents or things 35

48 Court may extend period 35

49 Offence to hinder or obstruct Victorian authorised person 36

50 Entry to be reported to Victorian Secretary 36

51 Register of exercise of powers of entry 36

52 Complaints about exercise of powers 36

Division 3—Evidential and legal proceeding matters 37

53 Forfeiture 37

54 Conduct by officers, employees or agents 37

55 Offences by bodies corporate 39

56 Actions by firms and unincorporated association 40

Part 9—General 41

57 Regulations 41

58 Transitional provisions 42

Endnotes 43

1 General information 43

2 Table of Amendments 45

3 Explanatory details 46

Version No. 004

Therapeutic Goods (Victoria) Act 2010

No. 25 of 2010

Version incorporating amendments as at
22 October 2025

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to provide for the application of the Therapeutic Goods Act 1989 of the Commonwealth as a law of Victoria; and

(b) to provide for the regulation of therapeutic goods in Victoria in circumstances where the Commonwealth Act does not apply; and

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 February 2011, it comes into operation on that day.

3 Definitions

In this Act—

applied provisions means the Commonwealth therapeutic goods laws that apply as a law of Victoria by virtue of section 6;

S. 3 def. of authorised person amended by No. 37/2014 s. 10(Sch. item 168).

authorised person means—

(a) in relation to any provision of this Act, a Victorian authorised person; or

(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

Code of Practice means a Code of Practice made or adopted under Part 7;

Commonwealth Act means the Therapeutic Goods Act 1989 of the Commonwealth;

S. 3 def. of Common-wealth administrative laws amended by No. 41/2025 s. 3(Sch. 1 item 30).

Commonwealth administrative laws means the following Acts and regulations of the Commonwealth—

(a) the Administrative Review Tribunal Act 2024;

(b) the Freedom of Information Act 1982;

(d) the Privacy Act 1988;

(e) any regulation made under an Act referred to in paragraphs (a) to (d);

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;

Commonwealth Minister means the Minister responsible for administering the Commonwealth therapeutic goods laws;

Commonwealth Secretary means the Secretary of the Commonwealth Department;

Commonwealth therapeutic goods laws means—

(a) the Therapeutic Goods Act 1989 of the Commonwealth; and

(b) any regulation, order or manufacturing principle made and in force under the Commonwealth Act;

exempt goods has the same meaning as it has in the Commonwealth Act;

listed goods has the same meaning as it has in the Commonwealth Act;

manufacturer's licence means a licence issued and in force under the Commonwealth Act;

person includes an unincorporated association, a firm and a partnership;

premises includes—

(a) a structure, building, aircraft, vehicle or vessel; and

(b) a place (whether enclosed or built upon or not); and

registered dentist means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the dental profession as a dentist (other than as a student); and

(b) in the dentists division of that profession;

registered goods has the same meaning as it has in the Commonwealth Act;

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);

registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

sell includes—

(a) sell, whether by wholesale or retail; or

(b) barter or exchange; or

(d) keeping or having in possession for sale; or

(e) sell by sending;

supply includes—

(a) sell, dispense or distribute; and

(b) supply, whether free of charge or otherwise, by way of sample or advertisement; and

(c) supply, whether free of charge or otherwise, in the course of testing the safety or efficacy on persons or animals; and

(d) agree or offer to sell or distribute; and

(e) keep or have in possession for sale, dispensing or distribution; and

(f) send, forward, deliver or receive for sale, dispensing or distribution; and

(g) authorise, direct, cause, suffer, permit or attempt any act referred to in paragraphs (a) to (f);

supply by wholesale, in relation to goods, means—

(a) supply of the goods for the purposes of resupply; or

(b) supply of an ingredient for the purposes of incorporation in the goods—

and includes supply of the goods in wholesale quantities for use—

(d) in connection with the carrying on by any person, in prescribed circumstances, of any prescribed activity;

therapeutic device has the same meaning as it has in the Commonwealth Act;

therapeutic goods has the same meaning as it has in the Commonwealth Act;

therapeutic use has the same meaning as it has in the Commonwealth Act;

Victorian authorised person means a person authorised by the Victorian Secretary under Part 8;

Victorian provisions means the provisions of the Act in Parts 1, 6, 7, 8, 9 and 10;

Victorian Secretary means the Secretary within the meaning of the Public Health and Wellbeing Act 2008.

4 Definitions in Commonwealth Act

(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.

(2) Subsection (1) does not apply to the extent that the context or subject matter otherwise indicates or requires.

5 Act to bind Crown

This 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.

Part 2—Applied provisions

6 Application of Commonwealth therapeutic goods laws to Victoria

(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.

(2) Those Commonwealth therapeutic goods laws so apply as if they extended to—

(a) things done or omitted to be done by persons who are not corporations; and

(b) things done or omitted to be done in the course of trade and commerce within the limits of Victoria.

(3) Regulations under this Act may modify the Commonwealth therapeutic goods laws for the purposes of this section.

7 Interpretation of Commonwealth therapeutic goods laws

(1) The Acts Interpretation Act 1901 of the Commonwealth, as in force for the time being—

(a) applies as a law of Victoria in relation to the interpretation of the applied provisions; and

(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.

(2) The Interpretation of Legislation Act 1984 does not apply to the applied provisions.

Part 3—Functions and powers under applied provisions

8 Functions and powers of Commonwealth Minister

The 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.

9 Functions and powers of Commonwealth Secretary

(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.

(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.

10 Commonwealth may retain fees paid to Commonwealth Secretary

The 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.

11 Functions and powers of other persons

An 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.

12 Delegation by Commonwealth Minister or Commonwealth Secretary

Any 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.

13 Appointments under Commonwealth therapeutic goods laws

The 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.

Part 4—Administrative law matters

14 Application of Commonwealth administrative laws to applied provisions

(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.

(2) For the purposes of a law of Victoria, a matter arising in relation to the applied provisions—

(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

(b) is taken not to be a matter arising in relation to laws of Victoria.

(3) Subsection (2) has effect for the purposes of a law of Victoria except as prescribed by the regulations.

(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.

15 Functions and powers conferred on Commonwealth officers and authorities

(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.

(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.

(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.

Part 5—Offences against applied provisions

16 Application of Commonwealth criminal laws to offences against applied provisions

(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.

(2) For the purposes of a law of Victoria, an offence against the applied provisions—

(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

(b) is taken not to be an offence against the laws of Victoria.

(3) Subsection (2) has effect for the purposes of a law of Victoria except as prescribed by the regulations.

17 Functions and powers conferred on certain Commonwealth officers and authorities relating to offences

(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.

(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.

18 No double jeopardy for offences against applied provisions

If—

(a) an act or omission is both an offence against the applied provisions and an offence against the Commonwealth therapeutic goods laws; and

(b) the offender has been punished for that offence under the Commonwealth therapeutic goods laws—

the offender is not liable to be punished for that offence under the applied provisions.

Part 6—Provisions specific to Victoria

19 Power of Minister to exempt persons or goods by order

(1) Subject to subsection (3), the Minister, by order published in the Government Gazette, may exempt—

(a) any person or class of persons specified in the order from—

(i) all the Victorian provisions; or

(ii) any Victorian provisions specified in the order; or

(b) any goods or class of goods specified in the order from—

(i) all Victorian provisions; or

(ii) any Victorian provisions specified in the order.

(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.

(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.

(4) An order under this section is subject to the conditions, if any, specified in the order.

20 Hawking of therapeutic goods

(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.

10 penalty units.

(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—

(a) the supply is by a person licensed to manufacture or supply by wholesale therapeutic goods; and

(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.

21 Supply by vending machine

(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.

10 penalty units.

(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.

10 penalty units.

(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.

10 penalty units.

(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.

10 penalty units.

Part 7—Codes of Practice

22 Codes of Practice

(1) The Victorian Secretary may make or adopt Codes of Practice in accordance with this Part.

(2) A Code of Practice must be approved by the Minister before it is made or adopted.

(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—

(a) wholly or partially or as amended by the Code of Practice; or

(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

(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.

(5) A Code of Practice may—

(a) confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons and bodies;

(b) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Victorian Secretary;

23 Status of a Code of Practice

A Code of Practice is a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984 except section 32 of that Act.

24 Procedure for making or adopting Codes of Practice

(1) Before the Victorian Secretary makes or adopts a Code of Practice, the Victorian Secretary must give a notice stating—

(a) the purpose and general purport of the proposed Code of Practice;

(b) where a copy of the proposed Code of Practice can be obtained or inspected;

(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.

(2) In the case of the proposed making of a Code of Practice, the Victorian Secretary must—

(a) allow at least 28 days after the day on which a notice is given under subsection (1) for the making of submissions; and

(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.

(3) A notice under this section must be—

(a) published in the Government Gazette; and

(b) published in a daily newspaper generally circulating in Victoria; and

(c) sent to bodies or organisations that the Victorian Secretary considers are likely to be affected by the proposed Code of Practice.

25 Commencement of Code of Practice

A Code of Practice or a provision of a Code of Practice comes into operation—

(a) on the day on which the Code of Practice is approved by the Minister; or

(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.

26 Availability of Codes of Practice

(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—

(a) the making or adoption of the Code of Practice; and

(b) the date of commencement of the Code of Practice; and

(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.

27 Code or matter etc. applied, adopted or incorporated in Code to be laid before Parliament

(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.

(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.

(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.

28 Code may be disallowed by either House of Parliament

(1) A Code of Practice may be disallowed in whole or in part by either House of Parliament.

(2) Part 5 of the Subordinate Legislation Act 1994 applies to a Code of Practice as if—

(a) a reference in that Part to a "statutory rule" were a reference to the Code of Practice; and

(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.

(3) A reference to a Code of Practice in this section includes a reference to any amendment of a Code of Practice.

29 No liability if Code of Practice not available

A 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—

(a) notice of the Code of Practice had not been published in the Government Gazette; or

(b) a copy of the Code of Practice and any incorporated matter was not available for inspection.

30 Review by VCAT

(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.

(2) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(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.

Part 8—Enforcement—Victorian provisions

Division 1—Authorised persons

31 Victorian authorised persons

(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.

(2) An authorisation under subsection (1) must be in writing.

32 Identity cards

(1) The Victorian Secretary must ensure that each Victorian authorised person is issued with an identity card that—

(a) contains a photograph of the person; and

(b) states the full name of the person to whom it is issued; and

(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.

(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.

(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.

33 Production of identity card when exercising powers

(1) A Victorian authorised person must produce his or her identity card for inspection at any time—

(a) before exercising a power or function under this Act; or

(b) if asked to do so by any person at any time during the exercise of a power or function under this Act.

(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.

34 Victorian authorised persons subject to Victorian Secretary's direction

(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.

(2) A direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter.

Division 2—Enforcement powers of Victorian authorised persons

35 Offence-related searches and seizures with consent

(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.

(2) A Victorian authorised person may—

(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

(b) exercise the powers set out in this section and section 40.

(3) Subject to subsection (4), with the consent in writing of the occupier of the premises, a Victorian authorised person may—

(a) enter the premises and search for a thing referred to in subsection (1) without applying for a search warrant; and

(b) exercise the powers set out in this section and section 40.

(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—

(a) produced his or her identity card for inspection; and

(b) informed the occupier—

(i) of the purpose of the search; and

(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

(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

(iv) that anything seized or taken during the search with the consent of the occupier may be used in evidence in proceedings.

(5) If the consent is given, the Victorian authorised person may ask the occupier to sign an acknowledgment of the consent.

(6) The acknowledgment must state—

(a) that the occupier or apparent occupier (as the case requires) has been informed—

(i) of the purpose of the entry; and

(ii) that the occupier or apparent occupier is not required to consent; and

(b) the purpose of the entry; and

(c) that the occupier or apparent occupier gives the Victorian authorised person consent to enter the place and exercise powers under this Part; and

(d) the time and date the consent was given.

(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—

(a) enter land around the residential premises to an extent that is reasonable to contact the occupier; or

(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.

(8) If a thing referred to in subsection (1) is found during a search under this section, the Victorian authorised person may—

(a) inspect any thing on the premises;

(b) inspect, and make copies of, or take extracts from, the thing;

(i) may be evidence of the commission of an offence against the Victorian provisions; or

(ii) is necessary to seize it in order to prevent its concealment, loss or destruction.

36 Occupier to be given copy of consent

(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.

(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.

37 Search warrants

(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.

(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—

(a) to enter the premises with any necessary equipment; and

(b) to do all or any of the following—

(i) search for or seize;

(ii) secure against interference;

(iii) examine, inspect and make copies of, or take extracts from—

a 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.

(3) The search warrant must state—

(a) the offence suspected; and

(b) the premises to be searched; and

(d) the purpose of the search and nature of the alleged contravention; and

(e) any conditions to which the warrant is subject; and

(f) whether entry is authorised to be made at any time of the day or night or only during particular hours; and

(g) that the warrant authorises entry on only one occasion; and

(h) when the warrant ceases to have effect, which must be no more than 7 days after it is issued.

(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.

(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.

(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.

38 Announcement before entry on search warrant

(1) Before executing a search warrant, the Victorian authorised person named in the warrant, or a person assisting the Victorian authorised person, must—

(a) announce that he or she is authorised by the search warrant to enter the premises; and

(b) give any person at the premises an opportunity to allow that entry.

(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—

(a) the safety of any person; or

(b) that the effective execution of the search warrant is not frustrated.

39 Copy of search warrant to be given to occupier

If an occupier is present at the premises when a search warrant is being executed, the Victorian authorised person must—

(a) identify himself or herself to that person by producing his or her identity card for inspection; and

(b) give that person a copy of the execution copy of the search warrant.

40 General powers of Victorian authorised persons in relation to premises

(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—

(a) to search any part of the premises;

(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;

(c) to take extracts from, and make copies of, any documents relating to therapeutic goods or vending machines in or on the premises;

(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—

(i) answer any questions put by that authorised person; and

(ii) produce any books, records or documents requested by that authorised person; and

(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—

(i) answer any questions put by that authorised person; and

(ii) produce any books, records or documents requested by that authorised person;

(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.

(2) Subsection (1) has effect subject to any terms or conditions of a search warrant issued under section 37.

41 False or misleading information

(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.

20 penalty units.

(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—

(a) indicating the respect in which it is false or misleading; and

(b) if practicable, providing correct information.

20 penalty units.

42 Protection against self-incrimination

(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.

(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.

43 Receipt must be given for any thing seized

(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—

(a) identifies the thing; and

(b) states the name of the Victorian authorised person and the reason why the thing is being seized.

(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—

(a) the lawful owner of a thing seized; or

(b) the person from whose custody a thing is seized.

44 Copies of certain seized things to be given

(1) Subject to subsection (2), if a Victorian authorised person seizes—

(a) a document; or

(b) a thing that can be readily copied; or

the Victorian authorised person, as soon as is practicable after the seizure, must give a copy of the thing or information to—

(d) the owner; or

(e) the person from whom the document, thing or device was seized.

(2) Subsection (1) does not apply—

(a) to a document, thing or device moved under section 45(2); or

(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.

45 Use of equipment to examine or process things

(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.

(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—

(a) it is not practicable to examine or process the things at the premises; or

(b) the occupier of the premises consents in writing.

(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—

(a) the equipment is suitable for the examination or processing; and

(b) the examination or processing can be carried out without damage to the equipment or the thing.

46 Use or seizure of electronic equipment at premises

(1) If—

(a) a thing found at a premises is or includes a disk, tape or other information storage device; and

(b) equipment at the premises may be used with the disk, tape or other information storage device; and

(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—

the 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.

(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—

(a) may put the information in documentary form and seize the documents so produced; or

(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

(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.

(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.

47 Return of seized documents or things

(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.

(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—

(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

(b) the Magistrates' Court makes an order under section 48 extending the period for which the document or thing may be kept.

48 Court may extend period

(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.

(2) An application under subsection (1) may be made—

(a) within 3 months after seizing a thing; or

(b) if an extension has been granted under this section, within that extended period.

(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—

(a) for the purposes of an investigation into whether an offence has been committed; or

(b) to enable evidence of an offence to be obtained for the purposes of a prosecution.

(4) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person.

49 Offence to hinder or obstruct Victorian authorised person

A person must not, without reasonable excuse, hinder or obstruct a Victorian authorised person who is exercising a power under this Part.

60 penalty units.

50 Entry to be reported to Victorian Secretary

(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.

(2) The report must include all relevant details of the entry including particulars of—

(a) the purpose, time and place of the entry; and

(b) the things done while on the premises, including details of things seized, copies made and extracts taken; and

51 Register of exercise of powers of entry

The Victorian Secretary must keep a register containing the particulars of all reports made under section 50.

52 Complaints about exercise of powers

(1) A person may complain to the Victorian Secretary about the exercise of a power by a Victorian authorised person under this Part.

(2) The Victorian Secretary must—

(a) investigate the complaint; and

(b) provide a written report to the complainant on the results of the investigation.

Division 3—Evidential and legal proceeding matters

53 Forfeiture

(1) If a court convicts a person of an offence against the Victorian provisions in relation to any therapeutic goods—

(a) the court may order that the goods be forfeited to the State; and

(b) if an order referred to in paragraph (a) is made, the goods become the property of the State.

(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.

(3) Goods forfeited under an order referred to in subsection (2) are to be disposed of in such manner as the Victorian Secretary directs.

54 Conduct by officers, employees or agents

(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—

(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

(b) that the conduct was engaged in by an agent of the body corporate and—

(i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; and

(ii) the agent had that state of mind; and

(iii) the body corporate was aware of the agent's state of mind when the conduct was engaged in.

(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—

(a) an officer of the body corporate within the scope of the officer's actual or apparent authority; or

(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 .

(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—

(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

(b) that the conduct was engaged in by an agent of the person and—

(i) the agent acted at the specific direction or with the specific consent or agreement of the person; and

(ii) the agent had that state of mind; and

(iii) the person was aware of the agent's state of mind when the conduct was engaged in.

(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—

(a) an employee of the principal within the scope of the employee's actual or apparent authority; or

(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 .

(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.

55 Offences by bodies corporate

(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.

(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.

(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.

56 Actions by firms and unincorporated association

If the Victorian provisions provide that a person, being a firm or an unincorporated association, is guilty of an offence, that reference to the person—

(a) in the case of a partnership, is to be read as a reference to each member of the partnership; and

(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.

Part 9—General

57 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) prohibiting or regulating the supply of therapeutic goods of a specified class or classes;

(b) the inspection of premises, stocks, books, documents and records;

(d) providing for the disposal of things seized under the Victorian provisions;

(e) prescribing penalties not exceeding 20 penalty units for any contravention of the regulations;

(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.

(2) The regulations may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstance;

(i) without modification or as modified by the regulations; or

(ii) as formulated or published on or before the date when the regulations are made; or

(iii) as formulated or published from time to time;

(d) confer a discretionary authority or impose a duty on a specified person or class of persons.

58 Transitional provisions

(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.

(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.

(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—

(a) in the case of a written consent under section 16 of that Act, a written consent under section 20;

(b) in the case of a written consent under section 17 of that Act, a written consent under section 21.

Pt 10 (Heading and ss 59, 60) repealed by No. 25/2010 s. 60.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 25 March 2010

Legislative Council: 15 April 2010

The 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."

The 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.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes 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.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All 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).

• Examples, diagrams or notes

All 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).

• Punctuation

All 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).

• Provision numbers

All 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).

• Location of "legislative items"

A "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.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Therapeutic Goods (Victoria) Act 2010 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Therapeutic Goods (Victoria) Act 2010 , No. 25/2010

Assent Date:	1.6.10
Commencement Date:	S. 60 on 1.2.12: s. 60
Current State:	This information relates only to the provision/s amending the Therapeutic Goods (Victoria) Act 2010

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 168) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Therapeutic Goods (Victoria) Act 2010

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 30) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Therapeutic Goods (Victoria) Act 2010

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

1 Therapeutic Goods (Victoria) Act 2010

Version No. 004

Therapeutic Goods (Victoria) Act 2010

No. 25 of 2010

Version incorporating amendments as at
22 October 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

4 Definitions in Commonwealth Act 6

5 Act to bind Crown 6

Part 2—Applied provisions 7

6 Application of Commonwealth therapeutic goods laws to Victoria 7

7 Interpretation of Commonwealth therapeutic goods laws 7

Part 3—Functions and powers under applied provisions 8

8 Functions and powers of Commonwealth Minister 8

9 Functions and powers of Commonwealth Secretary 8

10 Commonwealth may retain fees paid to Commonwealth Secretary 8

11 Functions and powers of other persons 8

12 Delegation by Commonwealth Minister or Commonwealth Secretary 9

13 Appointments under Commonwealth therapeutic goods laws 9

Part 4—Administrative law matters 10

14 Application of Commonwealth administrative laws to applied provisions 10

15 Functions and powers conferred on Commonwealth officers and authorities 10

Part 5—Offences against applied provisions 12

16 Application of Commonwealth criminal laws to offences against applied provisions 12

17 Functions and powers conferred on certain Commonwealth officers and authorities relating to offences 12

18 No double jeopardy for offences against applied provisions 13

Part 6—Provisions specific to Victoria 14

19 Power of Minister to exempt persons or goods by order 14

20 Hawking of therapeutic goods 14

21 Supply by vending machine 15

Part 7—Codes of Practice 17

22 Codes of Practice 17

23 Status of a Code of Practice 18

24 Procedure for making or adopting Codes of Practice 18

25 Commencement of Code of Practice 19

26 Availability of Codes of Practice 19

27 Code or matter etc. applied, adopted or incorporated in Code to be laid before Parliament 20

Applied provisions and definitions

"Applied provisions" means the Commonwealth therapeutic goods laws that are applied as Victorian law by s 6 (s 3 def). That phrase captures the Commonwealth Therapeutic Goods Act 1989 and subordinate instruments (s 3). The Act adopts the Commonwealth meanings for many terms (s 4(1)): words used in the Commonwealth Act and in this Act have the same meaning here as in the Commonwealth Act unless the context requires otherwise (s 4(1)-(2)). This linkage centralises the substantive regulatory definitions with the Commonwealth text.

Division of regulatory competence

The Act sets up a dual structure. For matters covered by the Commonwealth therapeutic goods laws, Victoria imports those laws (s 6). For matters not covered by the Commonwealth law, the Victorian provisions sit alongside the applied provisions to give Victoria control (s 1(b), Parts 6-9). The Commonwealth Minister and Commonwealth Secretary retain their Commonwealth functions under the applied provisions (ss 8-9), and the Commonwealth Secretary may be the registrar for goods on the Australian Register of Therapeutic Goods under the applied provisions (s 9(2)).

Commonwealth administrative and criminal law overlay

Commonwealth administrative laws defined in s 3 (including the FOI Act 1982 and Privacy Act 1988) are applied to applied-provision matters (s 14). The relevant Commonwealth criminal laws apply to offences against the applied provisions and are treated as Commonwealth offences for Victoria (s 16). However, the Act provides a specific caveat that federal court jurisdiction is not to be conferred by those Commonwealth administrative laws when applied (s 14(4)).

Victorian-specific regulatory instruments and enforcement

The Victorian Secretary may make or adopt Codes of Practice (Part 7). Codes may incorporate external documents and can confer discretion or duties or authorise authorised persons to enforce them (s 22). Codes are subordinate instruments (s 23) and subject to disallowance by either House of Parliament (s 28).
Victoria creates its own enforcement architecture for Victorian provisions (Part 8): Victorian authorised persons (s 31), identity cards and production requirements (ss 32-33), entry and search powers with consent (s 35) and by warrant (s 37), seizure and copying rules (ss 40, 43-46), offence-specific rules (ss 41-42), and post-entry obligations (reporting s 50; register s 51; complaints s 52). Forfeiture and disposal powers are expressed in s 53.

Exemptions and regulatory discretion

The Victorian Minister may, by Gazette order, exempt persons or goods from all or specified Victorian provisions, or declare goods to be "exempt goods" for specified Victorian purposes; but the Minister must be satisfied the order is in the interests of public health and may impose conditions (s 19(1)-(4)). That creates a discretionary, conditionable exemption power tied to a stated public health test.

Interactional mechanics: how imported law is read and modified

Regulations under this Act may modify the applied Commonwealth therapeutic goods laws for the purposes of s 6 (s 6(3)). The Commonwealth Acts Interpretation Act 1901 applies to interpretation of the applied provisions, treating the applied provisions as if they were Commonwealth Acts or subordinate instruments (s 7(1)). The net effect is that many interpretive rules will follow Commonwealth practice rather than Victorian legislative interpretation norms (s 7(2)).

Enforcement contrasts and limits

Search warrants must comply with the Magistrates' Court Act 1989 but with specified differences: a warrant under s 37 cannot authorise arrest (s 37(5)), must be for a single occasion and limited to seven days duration (s 37(3)(g)-(h); (3)). Certain penalties are set in the Victorian provisions (s 20, s 21, s 41, s 49) and regulations may prescribe penalties up to 20 penalty units (s 57(1)(e)).

Regulated industry participants

The importation of the Commonwealth therapeutic goods laws (s 6) means persons engaged in manufacturing, importing, supplying, wholesaling, or retailing therapeutic goods in Victoria are principally affected. Those categories include holders of a manufacturer's licence and persons dealing in "registered goods", "listed goods", "exempt goods", and "therapeutic devices" as defined by the Commonwealth Act (s 3 definitions). The Act’s operative effect is that most regulatory obligations remain the Commonwealth regime’s obligations, applied locally.

Health professionals and practitioners

Registered medical practitioners, registered pharmacists and registered dentists (definitions in s 3 refer to registration under the Health Practitioner Regulation National Law) are directly referenced (s 3). Clinical sample distribution carve-outs in s 20(2) require supplies to be to those registered practitioners or veterinary practitioners, and only where provided by licensed manufacturers or wholesalers.

Government actors and officers

The Commonwealth Minister and Commonwealth Secretary retain decision and administrative powers under the applied provisions (ss 8-9). The Commonwealth Department remains the relevant department for purposes of the Commonwealth therapeutic goods laws (s 3). The Victorian Secretary (defined by the Public Health and Wellbeing Act 2008, s 3) acquires powers to make Codes, authorise Victorian authorised persons, grant consents for hawking and vending machine supply (s 20-21, Part 7) and to manage complaints and registers (ss 50-52).

Victorian authorised persons and occupiers

The Victorian Secretary may authorise employees to be Victorian authorised persons where they have appropriate training, qualifications, knowledge or experience (s 31). Authorised persons may exercise entry, search and seizure powers against premises, subject to safeguards (Part 8). Occupiers, including proprietors and households, are affected because the Act regulates entry with and without consent, sets requirements for consent in writing and obliges the authorised person to inform occupiers of their rights before seeking consent (s 35(3)-(6)). Occupiers must be given copies of written consent immediately (s 36(1)) and, if absent, receipt obligations for seized items apply (s 43).

Corporate officers and agents

Corporate liability rules apply: if a body corporate contravenes Victorian provisions, officers who knowingly authorised or permitted the contravention may be taken to have contravened the provision (s 55). For partnerships and unincorporated associations, each partner or committee member may be held to be the responsible person (s 56). The Act therefore reaches both the entity and those in positions of authority.

Retail outlets and vending operators

The specific prohibitions on hawking therapeutic goods in streets or house-to-house without Victorian Secretary consent (s 20) and on installation, supply by, permitting and stocking vending machines for therapeutic goods without consent (s 21) directly affect retail business models that rely on mobile sales or automated dispensing.

Public and administrative review users

Persons affected by decisions under Part 7 (Codes of Practice) may apply to VCAT for review (s 30). The applied provisions are subject to Commonwealth administrative laws (s 14), so affected persons may also have administrative-review pathways tied to Commonwealth instruments listed in s 3.

Who bears costs and fees

The Commonwealth may retain fees paid to the Commonwealth Secretary for functions under the applied provisions (s 10). Business actors providing goods subject to Commonwealth registration or regulation will therefore be paying fees that accrue to the Commonwealth even when the legal effect is applied in Victoria.

Duties created by applied Commonwealth laws

Because the Commonwealth therapeutic goods laws apply as Victorian law (s 6), duties that the Commonwealth Act imposes (registration, manufacturing standards, labelling, advertising restrictions, etc.) are enforced in Victoria under the applied provisions. The Act expressly adopts Commonwealth definitions and subordinate instruments (s 3), so regulated parties must comply with current Commonwealth registration, manufacturing licence and listing obligations.

Victorian-specific duties and constrained rights

Ministerial exemptions: the Minister may exempt persons or goods from Victorian provisions or declare goods to be "exempt goods" for specified Victorian purposes, but only if satisfied it is in the interests of public health; orders are published in the Gazette and may carry conditions (s 19). Practically, this imposes a duty on regulated parties to check Gazette notices for exemptions and conditions.
Hawking and vending: a person must not knowingly supply therapeutic goods in a street or house-to-house without written consent of the Victorian Secretary (s 20(1)); breaches attract the specified penalty (10 penalty units). Similarly, installing vending machines or supplying goods by vending machine, permitting installation or permitting goods to be placed in a vending machine without written consent is prohibited (s 21(1)-(4)), each attracting the penalty units stated (s 21).
Codes of Practice: the Victorian Secretary may make or adopt Codes after prescribed notice and consultation procedures (ss 22-24). Codes may impose duties or confer discretionary authorities on specified persons and can be enforced by authorised persons (s 22(5)). Codes are subordinate instruments and subject to disallowance (s 23, s 28). Regulated parties must monitor Codes, because they can adopt or incorporate external standards and change the compliance landscape.
Authorised persons: the Victorian Secretary may authorise employees as Victorian authorised persons (s 31). Such authorised persons have powers of entry, search and seizure (Part 8 Division 2). The Secretary can give directions to authorised persons (s 34), suggesting duties of compliance with departmental policy for those authorised.

Enforcement and procedural rights

Identity card and production: authorised persons must be issued identity cards with photograph and name (s 32(1)). An authorised person must produce their identity card before exercising a power or on request; failure to produce it means they are not authorised to exercise those powers in relation to the person who made the demand (s 33(1)-(2)). This is a procedural protection that occupiers may enforce.
Consent and search rights: for consented searches, authorised persons must produce their identity card and inform the occupier of the purpose and that consent may be refused, among other things (s 35(4)). Occupiers who give written consent must be given a copy immediately (s 36(1)); if no written consent is produced, the court will presume the occupier did not consent (s 36(2)). Those are rights to protect consent integrity.
Warrant safeguards: search warrants must identify the suspected offence, the premises, the thing to be searched for, the purpose, any conditions, hours of entry, a single-authorisation limit and a maximum seven-day duration (s 37(3)). A warrant under s 37 cannot authorise arrest (s 37(5)). Occupiers present during execution must be given a copy of the execution copy and the authorised person must identify by identity card (s 39).
Protection against self-incrimination: a natural person may refuse to provide information or do an act required under Part 8 if doing so would tend to incriminate the person; however, that protection does not extend to producing documents that would tend to incriminate the person (s 42(1)-(2)). Practically, witnesses may decline testimonial answers but are obliged to produce documents.
Receipts and return of seized things: if an authorised person seizes something from a person, they must give a receipt identifying the thing and stating reasons (s 43). There are obligations to provide copies of seized documents or readily copied materials to their owner as soon as practicable (s 44). Seized items must be returned if the reason for seizure ceases to exist, typically within 3 months unless legal proceedings or a court extension applies (s 47-48).

Obligations to cooperate and criminalised conduct

Persons may be required to answer questions and produce books, records or documents when an authorised person has warrant or consent-based entry (s 40(1)(d)-(e)). It is an offence to give false or misleading information or to produce false or misleading documents without indicating falsity and, where practicable, providing correct information; penalties are 20 penalty units for each offence (s 41). Obstructing or hindering an authorised person without reasonable excuse attracts a higher penalty (60 penalty units) (s 49).

Administrative review and parliamentary oversight

Codes of Practice are required to be laid before each House of Parliament within seven sitting days of Gazette publication (s 27). A Code may be disallowed by either House (s 28). A person whose interests are affected by a decision of the Victorian Secretary under Part 7 may seek VCAT review, with time limits (s 30). These provisions create administrative rights of review and democratic oversight of subordinate instruments.

Assigned penalty units and criminal enforcement

The Act specifies particular penalties for certain contraventions. Selling or supplying therapeutic goods in a street or house-to-house without written consent is punishable by 10 penalty units (s 20(1)). Installing, supplying by, permitting installation of, or permitting therapeutic goods to be placed in vending machines without written consent attracts 10 penalty units for each relevant offence in s 21(1)-(4). Giving false or misleading information in response to an authorised person’s request under s 40 or producing a false or misleading document without notation and correction attracts 20 penalty units (s 41(1)-(2)). Hindering or obstructing an authorised person without reasonable excuse attracts 60 penalty units (s 49).

Regulatory enforcement architecture

For applied provisions, Commonwealth criminal laws apply as laws of Victoria (s 16). That means offences created under the Commonwealth therapeutic goods laws will be prosecuted as Commonwealth-type offences, with the Act treating them as offences against Commonwealth law for Victoria’s purposes (s 16(1)-(2)). The Act also provides that if the same act or omission is an offence under both the applied provisions and the Commonwealth Act and the offender has been punished under the Commonwealth law, they are not liable to be punished again under the applied provisions (s 18). That prevents double jeopardy across the dual regime.

Victorian enforcement powers and procedural sanctions

Victorian authorised persons can execute consented searches under s 35 and obtain search warrants under s 37. Warrants enable seizure, securing against interference, examination, copying and extraction of specified kinds of things (s 37(2)). Seized things may be forfeited to the State upon conviction for an offence against the Victorian provisions, and the Victorian Secretary may publish notice of forfeiture and direct disposal (s 53).

Institutional responsibilities for enforcement

The Victorian Secretary authorises Victorian authorised persons (s 31) and supervises them through directions (s 34). Authorised persons must report entries to the Victorian Secretary within seven days, including details of purpose, time, place, actions taken and items seized (s 50); the Secretary must keep a register of such entries (s 51) and investigate complaints (s 52). These reporting and complaint channels internalise oversight and create administrative accountability.

Corporate and officer liability

Bodies corporate are exposed to vicarious criminal liability: officers are taken to have contravened if they knowingly authorised or permitted the contravention (s 55). Partners and committee members of unincorporated associations are treated as individual offenders in offences applying to firms and unincorporated associations (s 56). Section 54 supplies evidential mechanics for proving the state of mind of corporations, agents and employees in prosecutions.

Limits on enforcement powers

There are limits on the exercise of coercive powers: consent must be informed and in writing for consent-based searches (s 35(3)-(6)); a warrant cannot authorise arrest (s 37(5)); and authorised persons must provide identity cards and, if failing to do so, are not authorised to exercise powers in relation to persons who demand production (s 33). There are also protections for natural persons against compelled testimonial self-incrimination (s 42(1)), although production of documents is not protected (s 42(2)).

Regulatory instruments and parliamentary oversight as enforcement levers

Codes of Practice (Part 7) can impose duties and authorise enforcement by authorised persons (s 22(5)). A Code is a subordinate instrument (s 23) and can be disallowed by either House (s 28), adding a layer of parliamentary control over detailed regulatory rules.

Regulatory discretion and Gazette publication

Ministerial exemptions under s 19 are implemented by order published in the Government Gazette and may carry conditions (s 19(1)-(4)). Publication in the Gazette is the mechanism by which exemptions and “exempt goods” declarations take effect and are discoverable by regulated parties.

Commonwealth regimes and interpretive rules

The Act expressly applies Commonwealth therapeutic goods laws in Victoria and imports Commonwealth interpretive practice: the Acts Interpretation Act 1901 (Commonwealth) applies in relation to the applied provisions as if they were Commonwealth Acts or regulations (s 7(1)). The Victorian Interpretation of Legislation Act 1984 does not apply to the applied provisions (s 7(2)). This means interpretive outcomes for the applied provisions are governed by Commonwealth statutory interpretation norms.

Commonwealth administrative and criminal law overlay

The Act applies specified Commonwealth administrative laws as laws of Victoria to matters arising under the applied provisions (s 14(1)). Those laws are defined in s 3 and include the FOI Act 1982, the Privacy Act 1988, the Ombudsman Act 1976 and the Administrative Review Tribunal Act 2024. When a Commonwealth administrative law confers a function or power on a Commonwealth officer or authority because of s 14, that officer or authority has the same function or power in relation to an applied-provisions matter (s 15(1)). The Act also provides that any provision purporting to confer federal court jurisdiction does not have that effect when applied (s 14(4)).

Magistrates’ Court Act and search warrant rules

Search warrants under s 37 must be issued in accordance with the Magistrates' Court Act 1989 and in the prescribed form, with specified differences outlined in the Act, including that s 78 of the Magistrates' Court Act (relating to arrest) does not apply to search warrants issued under s 37 (s 37(4)-(5)). The Act therefore borrows procedural law from the Magistrates’ Court Act while defining specific limits.

Victorian Acts and agency definitions

The Victorian Secretary is defined by reference to the Public Health and Wellbeing Act 2008 (s 3). Victorian authorised persons are employees authorised under Part 3 of the Public Administration Act 2004 (s 31(1)). The Act also references the Victoria Police Act 2013 in the definition of authorised person in the context of Victorian provisions (s 3). These cross-references integrate the Act into Victoria’s administrative and policing architecture.

Transitional and repeals

The Act repealed the Therapeutic Goods (Victoria) Act 1994 and saves certain prior authorisations and consents: persons authorised under s 7 of the 1994 Act are taken to be authorised persons under this Act from commencement (s 58(1)); orders and consents in force under the 1994 Act are taken to be orders or consents under equivalent sections here (s 58(2)-(3)). The Act therefore preserves continuity of authorisations and administrative decisions.

Regulations and subordinate law incorporation

Both Codes of Practice (Part 7) and regulations under s 57 may apply, adopt or incorporate external documents, standards or methods and may adopt them as formulated at any time or "from time to time" (s 22(3); s 57(2)(c)). Codes also contain a provision (s 22(4)) that preserves incorporated documents against automatic update until a Gazette notice is issued, which affects how external standards become binding. Regulations under s 57 may modify applied Commonwealth laws for the purposes of the Act (s 6(3)).

Jurisdictional overlaps and limits on double jeopardy

The Act treats offences against the applied provisions as Commonwealth offences for Victoria's purposes (s 16), and prevents double jeopardy where an act is an offence under both regimes and punishment has already been imposed under the Commonwealth law (s 18). Nonetheless, Victorian provisions (Parts 6-9) create state offences and state enforcement pathways where applicable. Practitioners must therefore map each conduct to the applicable regime to determine which processes and remedies apply.

Primary enactment and commencement

The Therapeutic Goods (Victoria) Act 2010 (No. 25 of 2010) was assented to on 1 June 2010 and came into operation on 3 August 2010 (Endnotes, "Minister's second reading speech" and Endnotes; also s 2 allows proclamation or automatic operation by 1 February 2011 if not proclaimed earlier). The long title states the Act repeals the 1994 Act and applies the Commonwealth Act in Victoria (Endnotes).

Subsequent amendments recorded in the published version

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014:
- Assent date 3 June 2014; commencement: s 10 (Schedule item 168 amending the definition of "authorised person" in s 3) commenced 1 July 2014 (Special Gazette citation in endnotes). The Act annotates that s 3's definition of "authorised person" was amended by No. 37/2014 s 10 (Sch. item 168).
Statute Law Revision Act 2025, No. 41/2025:
- Assent date 21 October 2025; commencement: s 3 (Sch. 1 item 30) on 22 October 2025 (Endnotes table). The Act records that the s 3 definition of "Commonwealth administrative laws" was amended by No. 41/2025 s 3 (Sch. 1 item 30).

Transitional provisions and repeals carried forward

The Act repealed the Therapeutic Goods (Victoria) Act 1994 (s 1(c) and s 58 preserves certain existing authorisations and orders): persons authorised under the 1994 Act are taken to be authorised persons under the 2010 Act (s 58(1)); certain orders and consents under the 1994 Act are taken to be orders or consents under the corresponding sections of the 2010 Act (s 58(2)-(3)). The text notes Pt 10 (heading and ss 59, 60) was repealed by No. 25/2010 s 60; the endnotes contain enactment and commencement information.

How amendments are documented in the Act

Amendments are expressly footnoted in the published text for relevant definitions (see s 3 footnotes on amendments). The endnotes' "Table of Amendments" summarises the amending Acts and commencement dates. Practitioners should consult both the consolidated text and the endnotes to track the precise provisions amended and the operative dates.

Practical effect of recorded amendments

The 2014 Victoria Police Amendment altered the "authorised person" definition to include police under the Victoria Police Act 2013 for Victorian provisions (s 3 amendment), affecting who can be an authorised person in the Victorian enforcement scheme. The 2025 Statute Law Revision Act updated the definition of "Commonwealth administrative laws" in s 3 to include the Administrative Review Tribunal Act 2024, and reconfirmed the Commonwealth Acts applied under s 14.

Unrecorded subsequent changes

The consolidated version indicates amendments incorporated up to 22 October 2025 (Version No. 004). Users should verify later consolidations or amendments beyond that date in the official Victorian legislation database.

No reported cases or litigation history are contained in the text of this Act or its endnotes. The published version contains no entries in the "Explanatory details" section or annotations of judicial decisions. The Act provides administrative and review pathways that may generate litigation or tribunal decisions,Codes of Practice decisions are reviewable by VCAT (s 30), and offences under the applied provisions will proceed under Commonwealth criminal laws as applied in Victoria (s 16),but the consolidating material supplied here does not record any judicial consideration of the 2010 Act.

What the absence of recorded litigation in the text means

The Act’s endnotes list the Acts that amended this statute and provide commencement details; they do not list cases. Absence of recorded litigation in the legislative text does not mean the Act has not been the subject of litigation in courts or tribunals; it means that no reported or annotated cases are incorporated in the consolidated legislative instrument provided. Practitioners seeking precedent or judicial interpretation of particular provisions should search case law databases and tribunal decisions (particularly VCAT and relevant federal courts for applied Commonwealth elements), because the Act interacts heavily with Commonwealth law and administrative processes.

Where future litigation is more likely to arise

Anticipated issues that could produce litigation, on the statute’s face, include:
- Disputes over the scope of the applied provisions and what modifications the Victorian regulations may validly make under s 6(3).
- Challenges to the exercise of search, seizure and copying powers by Victorian authorised persons, including compliance with identity card and consent safeguards (ss 32-36).
- Administrative-review and judicial-review claims arising from Codes of Practice or decisions by the Victorian Secretary, given VCAT review rights under s 30 and the application of Commonwealth administrative laws under s 14.
- Conflicts between Commonwealth enforcement and state enforcement where overlapping conduct is involved, although s 18 seeks to prevent double punishment where the Commonwealth has already punished the offender.

Identity card production and limits on authorised powers

A Victorian authorised person must produce identity card before exercising powers and on request (s 33(1)). If the authorised person fails to produce their identity card when proposing to exercise a power, they are not authorised to exercise those powers in relation to the person who demanded production (s 33(2)). Practically, occupiers should request identity cards; if an authorised person does not comply, any ensuing search may be unauthorised as to that occupier.

Consent safeguards and evidential risk

Where entry and search occur with occupier consent, the authorised person must produce their ID and inform the occupier of the purpose, the right to refuse consent, and that seized items may be used in evidence (s 35(4)). The occupier must be given a copy of the signed consent immediately (s 36(1)). If a written consent cannot be produced in proceedings, the court will presume the occupier did not consent (s 36(2)). Therefore, occupiers should insist on and retain a copy of any written consent; authorised officers must ensure documented consent to avoid admissibility issues.

Search warrant constraints and arrest prohibition

Warrants under s 37 are limited to one occasion and to no more than seven days in effect (s 37(3)(g)-(h)). Importantly, a search warrant under this Victorian Act must not authorise arrest (s 37(5)), despite general warrant rules in the Magistrates' Court Act. Practitioners should watch for warrants that improperly attempt to authorise arrest or multiple entries; such attempts are beyond the statutory grant.

Electronic data seizure and operation

Authorized persons may require occupiers or employees to operate equipment to access stored information and may copy electronic data (s 46(1)-(2)). However, seizure or operation must be believed, on reasonable grounds, to be practicable without damage to the equipment (s 46(3)). Practical implications: businesses should have protocols for managing external requests to operate equipment and for rapid legal advice when faced with involuntary access demands.

Document production and limited self-incrimination protection

While a natural person may refuse to give information that would tend to incriminate them (s 42(1)), that protection does not apply to document production (s 42(2)). Persons asked to produce documents cannot hide behind testimonial privilege; they must produce documents even if those documents might incriminate them. This is a common statutory limitation that creates risk for individuals who should seek legal advice before producing material.

Codes can adopt documents "from time to time" but publication lag preserves prior versions

Codes of Practice may incorporate external documents as formulated "from time to time" (s 22(3)(c)). However, s 22(4) provides that if an incorporated document is amended externally, it is not taken to be amended in the Code until the Victorian Secretary publishes notice in the Gazette. This means that, unless and until the Gazette notice issues, the version incorporated remains the prior version. Regulated parties must monitor both the external standard-setting body and Gazette notices to identify when new standards become binding in Victoria.

Division of decision rights and fee retention

The Commonwealth Secretary may retain fees paid for functions performed under the applied provisions (s 10). Businesses operating in Victoria will pay fees that ultimately go to the Commonwealth for functions exercised under the applied provisions. This is a practical cost consideration and could surprise entities that expect fees to be applied to Victorian administration.

Exemption power tied to public health satisfaction

The Minister's exemption power (s 19) is subject to the Minister being satisfied the exemption is in the interests of public health (s 19(3)), but the statute does not prescribe objective criteria for that satisfaction. The power is discretionary and conditionable (s 19(4)) and may be used to create narrow or broad exemptions. Regulated parties seeking exemption should prepare material addressing the public-health test.

Double jeopardy protection is directional

Section 18 prevents punishment under the applied provisions where the same act has already been punished under the Commonwealth therapeutic goods laws. The protection applies only if punishment under the Commonwealth therapeutic goods laws has occurred; it does not preclude concurrent investigations or administrative action by Victorian authorities prior to Commonwealth punishment. Parties should map which enforcement path is active and when statutory bars to second punishment apply.

VCAT review time limit for Codes decisions

An affected person must apply to VCAT within 28 days after the later of the decision date or the day a reasons statement is given under the Victorian Civil and Administrative Tribunal Act 1998 (s 30(2)). Missing that window forfeits the tribunal avenue, so timely action is crucial.

Practical compliance checklist for businesses and advisers

Treat the Commonwealth Therapeutic Goods Act 1989 and its subordinate instruments as the principal regulatory source for therapeutic goods in Victoria
- Because the Commonwealth Act and associated regulations apply as Victorian law by s 6, check registration, listing, labelling, advertising, manufacturing licence and conformity requirements against current Commonwealth rules. Ensure any Commonwealth registrations or licences are current and fees paid; remember the Commonwealth may retain fees in respect of applied-provision functions (s 10).
Monitor Gazette notices, Codes of Practice and ministerial orders
- Check the Victorian Government Gazette for s 19 ministerial exemption orders, Code of Practice commencements (s 26(1)), and notices about incorporated-document amendments (s 22(4)). Codes can adopt external standards and can be disallowed by Parliament (ss 22-28), so maintain a process to capture and implement changes quickly.
Do not hawk or use vending machines for therapeutic goods without written consent
- Operations involving street distribution, house-to-house supply, vending-machine installation or vending-based supply require written consent of the Victorian Secretary (ss 20-21). Apply for written consent well in advance, and keep copies of any consent on file. Non-compliance exposes operators to the specific penalties stated (10 penalty units for each listed breach).
Prepare for authorised inspections and searches
- Implement administrative procedures for responding to Victorian authorised persons:
  - Require to see identity cards and verify identity (s 33).
  - Where consent is requested consult legal or compliance teams and, if consenting, obtain a signed written consent and retain a copy (s 35(4)-(6); s 36).
  - On a warrant, obtain a copy of the execution copy and check the warrant’s scope, time limits and conditions (s 37(3); s 39).
  - Train staff on the duty to produce documents and the limits of testimonial self-incrimination protection (s 42).
  - Keep an inventory of seized items and ensure receipts for seized things are requested (s 43) and ask for a copy of any seized electronic data provided under s 44.
Manage electronic-data exposure
- Maintain current backups and ensure robust chain-of-custody and forensic processes. If required to operate equipment or provide electronic data under s 46, note the authorised person must reasonably believe operation or seizure can occur without damage (s 46(3)). Preserve evidence and seek immediate legal advice when authorities seek operation or copying of storage devices.
Control internal delegation and authority
- Ensure corporate governance structures document actual or apparent authority for employees and agents, because s 54 and s 55 provide that officer conduct and agent conduct can bind corporations and individual officers can be held personally liable if they knowingly authorised contraventions.
Record-keeping, reporting and registers
- Maintain records to respond to s 40 information and production requests. If a Victorian authorised person enters, they must report the entry to the Victorian Secretary within seven days (s 50). Maintain internal logs of any authorised-person interactions for complaints or litigation.
Responding to Codes of Practice and regulatory change
- When the Victorian Secretary proposes a Code, there is at least 28 days for submissions in making new Codes (s 24(2)(a)-(b)). Engage during the consultation window, and, after a Code is made, expect a lay-before-Parliament step and potential disallowance (ss 27-28). Businesses should subscribe to departmental notices.
Administrative review and disputes
- For adverse decisions under Part 7 about Codes, note the 28-day VCAT review limit (s 30). Also identify available Commonwealth administrative-review channels because Commonwealth administrative laws apply to applied-provision matters (s 14).
Legal preparedness

Because the applied provisions are interpreted under Commonwealth interpretive rules (s 7) and because liability can attach at corporate-officer level (s 55), ensure legal counsel reviews supply chains, labelling, advertising, sample distribution and manufacturing practices for compliance with both Commonwealth and Victorian elements of the regime.

Practical templates and procedures to adopt

Consent checklist for occupier-based searches: require official ID produced, require written statement of purpose, insist on a copy of the consent and receipt for any seized items (s 35-36; s 43).
Warrant checklist: verify scope, suspect offence, time limits (one occasion; max seven days), whether warrant attempts to authorise arrest (s 37).
Electronic-search response protocol: isolate devices, preserve power state, document chain of custody, and contact forensic/legal counsel before permitting operation of equipment when possible (s 46).
Gazette and Codes tracker: schedule weekly checks of the Government Gazette, departmental websites and register for email notices to capture exemptions, Codes, and incorporated-document amendments (ss 19, 22, 26).

Takeaway compliance posture

Treat the Commonwealth regulatory framework as central, but do not ignore Victorian-specific instruments and enforcement powers. Maintain active monitoring of Gazette notices, departmental Codes, and consent requirements for vending and hawking. Train staff on interaction protocols with authorised officers, preserve documentary and digital evidence appropriately, and secure legal advice early if seized or subject to enforcement action. The Act allocates many powers to Commonwealth actors while giving Victoria specific discretionary powers and enforcement tools; compliance must therefore be dual-focused.

Therapeutic Goods (Victoria) Act 2010

Plain English Summary

Deep Dive

What it does

Current sections

Therapeutic Goods (Victoria) Act 2010

Source text: opening excerpt

1 Therapeutic Goods (Victoria) Act 2010

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply