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Therapeutic Goods Amendment (Poisons Standard) Bill 2008

Schedule 1 Amendments

   

Therapeutic Goods Act 1989

1  Subsection 3(1)

Insert:

Federal Court means the Federal Court of Australia.

2  After subsection 52D(4)

Insert:

          (4A)  An instrument made under paragraph (2)(a) or (b) after the commencement of this subsection is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

3  At the end of Part 6-3

Add:

52EA   Poisons Standard—validation etc.

Scope

             (1)  This section applies to the following instruments:

                     (a)  the first Poisons Standard;

                     (b)  an instrument made under paragraph 52D(2)(a) or (b) before the commencement of this section;

whether or not the instrument is in force as at the commencement of this section.

Disallowance

             (2)  Section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply, and is taken never to have applied, to the instrument.

Deemed registration etc.

             (3)  If:

                     (a)  the instrument was required to be registered under Division 2 of Part 4 of the Legislative Instruments Act 2003 ; and

                     (b)  the instrument was not registered;

that Act has effect, and is taken always to have had effect, as if:

                     (c)  the instrument had been lodged for registration immediately after the instrument was made; and

                     (d)  the instrument had been registered immediately after it was lodged for registration; and

                     (e)  any other requirement imposed by that Act in relation to the instrument had been met.

             (4)  If:

                     (a)  the instrument was required to be registered under Division 3 of Part 4 of the Legislative Instruments Act 2003 ; and

                     (b)  the instrument was not lodged for registration on or before the last day for lodging the instrument for registration (the last lodgment day ) worked out under section 29 of that Act;

that Act has effect, and is taken always to have had effect, as if:

                     (c)  the instrument had been lodged for registration on the last lodgment day; and

                     (d)  the instrument had been registered immediately after it was lodged for registration; and

                     (e)  any other requirement imposed by that Act in relation to the instrument had been met.

Definition

             (5)  In this section:

register has the same meaning as in the Legislative Instruments Act 2003 .

52EB   Compensation for acquisition of property

             (1)  If the operation of section 52EA would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

(4/08)