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
(c) to repeal the Therapeutic Goods (Victoria) Act 1994.
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
(c) in relation to the Victorian provisions, a police officer within the meaning of the Victoria Police Act 2013;
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;
(c) the Ombudsman Act 1976;
(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'slicence 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
(c) a part of a thing referred to in paragraph (a) or (b);
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
(c) dealing in, agreeing to sell, or offering or exposing for sale; 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—
(c) in a public institution;
(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
(c) as formulated, issued, prescribed or published from time to time.
(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;
(c) authorise an authorised person to enforce the Code of Practice.
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
(c) the place where copies of the Code of Practice may be obtained.
(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;
(c) seize the thing if the Victorian authorised person believes on reasonable grounds that it—
(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
(c) a description of the thing for which the search is to be made; 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
(c) a storage device containing information that can be readily copied—
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
(c) when the Victorian authorised person left the premises.
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;
(c) prohibiting the supply of therapeutic goods by prescribed self-service methods;
(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;
(c) apply, adopt or incorporate by reference any document formulated or published by a person or body, either—
(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.