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MEDICINES, POISONS AND THERAPEUTIC GOODS LEGISLATION AMENDMENT ACT 2022 (NO 25 OF 2022) - SECT 53

Chapter 9, Part 9.5 inserted

After section 298

insert

Part 9.5     Transitional matters for Medicines, Poisons and Therapeutic Goods Legislation Amendment Act 2022

299     Definitions

In this Part:

"amending Act "means the Medicines, Poisons and Therapeutic Goods Legislation Amendment Act 2022.

"commencement "means the commencement of section 3 of the amending Act.

COVID-19 vaccine means a Scheduled substance for vaccination against the Coronavirus disease named "COVID-19" by the World Health Organization.

"former CVAP "means a COVID-19 vaccine administration protocol that was approved under section 254B(1), as in force immediately before the commencement.

"former SSTP" means a Scheduled substance treatment protocol that was approved under section 254(1), as in force immediately before the commencement.

300     Scheduled substance treatment protocols approved before commencement

    (1)     For sections 301 and 302, a former SSTP continues in force after the commencement until the earlier of the following:

    (a)     the approval of the former SSTP is revoked by the CHO under subsection (2);

    (b)     the day that is 2 years after the commencement.

    (2)     The CHO may revoke, in writing, the approval of a former SSTP that continues to remain in force under subsection (1).

301     Transitional authority for health practitioners approved to administer Schedule 4 or 8 substance before commencement

    (1)     This section applies to an Aboriginal and Torres Strait Islander health practitioner, a nurse, a midwife or a paramedic who was declared by Gazette notice under section 250, as in force immediately before the commencement, to be approved to administer a Schedule 4 or 8 substance stated in the notice in accordance with the former SSTP stated in the notice (an approved practitioner ).

    (2)     Subject to subsection (3), an approved practitioner may, in the course of practising in the approved practitioner's health profession, administer the substance to another person after the commencement if the former SSTP stated in the notice for the approved practitioner continues to remain in force under section 300 at the time of the administration of the substance.

    (3)     The approved practitioner must administer the substance in accordance with:

    (a)     the former SSTP; and

    (b)     any conditions or limitations that were specified in the notice for the approved practitioner.

    (4)     An approved practitioner who is authorised to administer a Schedule 4 or 8 substance under subsection (2) may, in the course of practising in the approved practitioner's health profession, possess the substance for that purpose after the commencement.

302     Transitional authority for health practitioners approved to supply Schedule 4 or 8 substance before commencement

    (1)     This section applies to an Aboriginal and Torres Strait Islander health practitioner, a nurse or a midwife who was declared by Gazette notice under section 250, as in force immediately before the commencement, to be approved to supply a Schedule 4 or 8 substance stated in the notice in accordance with the former SSTP stated in the notice (an approved practitioner ).

    (2)     Subject to subsection (3), an approved practitioner may, in the course of practising in the approved practitioner's health profession, supply the substance to another person after the commencement if the former SSTP stated in the notice for the approved practitioner continues to remain in force under section 300 at the time of the supply of the substance.

    (3)     The approved practitioner must supply the substance in accordance with:

    (a)     the former SSTP; and

    (b)     any conditions or limitations that were specified in the notice for the approved practitioner.

    (4)     An approved practitioner who is authorised to supply a Schedule 4 or 8 substance under subsection (2) may, in the course of practising in the approved practitioner's health profession, possess the substance for that purpose after the commencement.

303     COVID-19 vaccine administration protocols approved before commencement

    (1)     A former CVAP continues in force after the commencement until the earlier of the following:

    (a)     the approval of the former CVAP is revoked by the CHO under subsection (2);

    (b)     the effective period that was specified in the former CVAP expires;

    (c)     the day that is 2 years after the commencement.

    (2)     The CHO may revoke, in writing, the approval of a former CVAP that remains in force under subsection (1).

304     Transitional authority for persons authorised to deal with COVID-19 vaccine before commencement

    (1)     This section applies to a person who was authorised under section 254C(1), as in force immediately before the commencement, to possess, supply or administer a COVID-19 vaccine in accordance with the former CVAP specified in the person's authorisation (an approved person ).

    (2)     Subject to subsection (3), an approved person continues to be authorised after the commencement to possess, supply or administer a COVID-19 vaccine in accordance with the former CVAP while it continues to remain in force under section 303.

    (3)     An approved person who possesses, supplies or administers a COVID-19 vaccine under subsection (2) must comply with the person's authorisation under the former CVAP.

305     Supply of Schedule 3 substances – authorities issued before commencement

A person who is authorised to administer a Schedule 3 substance to another person under a medical kit authorisation or a research authorisation that is in force immediately before the commencement is authorised to supply, but not to sell, the substance under that authority after the commencement.

306     Declared places

A declaration made under section 252 that is in force immediately before the commencement continues in force after the commencement as if it were published on the Agency's website.

307     Offence provisions – before and after commencement

    (1)     Sections 37, 38, 100, 112B and 112C, as inserted by the amending Act, apply only in relation to offences committed after the commencement.

    (2)     Sections 37, 38 and 100, as in force before the commencement, continue to apply in relation to offences committed before the commencement.

    (3)     For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.



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