Therapeutic Goods Bill 2019
Plain English Summary
Overview
This bill adopts the Commonwealth Therapeutic Goods Act 1989 as a law of Queensland, ensuring all manufacturers of therapeutic goods — including sole traders and partnerships — meet national safety and quality standards. It closes a regulatory gap where small manufacturers trading only within Queensland were not subject to any therapeutic goods regulation.
Who it affects
Small therapeutic goods manufacturers operating as sole traders, partnerships or trusts who only trade within Queensland will need to meet Commonwealth standards, though Queensland Health was not aware of any affected businesses at the time. Consumers benefit from assurance that all locally made therapeutic products are properly regulated.
Key changes
- Adopts the Commonwealth Therapeutic Goods Act 1989 as a law of Queensland, covering non-corporate manufacturers who only trade within the state
- Brings Queensland into line with all other states and territories except Western Australia, fulfilling a COAG national harmonisation commitment
- Commonwealth agencies including the TGA will administer and enforce the applied laws in Queensland
- Provides a two-year transitional period for any affected manufacturers to comply without facing prosecution
- Commonwealth administrative, criminal and privacy laws apply to matters arising under the adopted provisions
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee14 May 2019View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The State Development, Natural Resources and Agricultural Industry Development Committee examined the Therapeutic Goods Bill 2019 over two months, receiving one submission from the Pharmaceutical Society of Australia, which supported the bill. The committee unanimously recommended the bill be passed, finding that adopting the Commonwealth Therapeutic Goods Act 1989 as Queensland law would enhance national consistency, reduce regulatory duplication, and protect community health and safety. No concerns or amendments were raised.
Key findings (5)
- The bill adopts the Commonwealth Therapeutic Goods Act 1989 as Queensland law, closing a regulatory gap for non-corporate entities that trade therapeutic goods only within Queensland.
- The Pharmaceutical Society of Australia, the only submitter, supported the bill's objectives of national consistency and reduced regulatory burden.
- Queensland and Western Australia were the only states that had not yet adopted the Commonwealth Act, despite a 2005 COAG endorsement recommending adoption.
- The committee was satisfied that transitional provisions allowing affected parties two years to comply were appropriate, noting Queensland Health was not aware of any currently affected traders.
- The committee examined fundamental legislative principle concerns about delegating law-making power to the Commonwealth but found the benefits of national uniformity sufficiently justified this approach.
Recommendations (1)
- The committee recommends the Therapeutic Goods Bill 2019 be passed.
Committee report tabled
▸Second Reading17 Sept 2019View Hansard
▸6 members spoke6 support
Supported the Therapeutic Goods Bill as implementing national consistency by adopting the Commonwealth Therapeutic Goods Act as Queensland law.
“These are important reforms in Queensland and I commend both of these bills to the House.”— 2019-09-17View Hansard
As Health Minister, moved the second reading of both cognate bills, noting the Therapeutic Goods Bill adopts the Commonwealth act to ensure nationally consistent regulation of therapeutic goods in Queensland.
“The bill adopts the Commonwealth act as a law of Queensland. In doing so, it means that all commercially manufactured therapeutic goods in Queensland must be manufactured to the same high standard.”— 2019-09-04View Hansard
Stated the LNP is not opposing the Therapeutic Goods Bill, noting it adopts the Commonwealth Therapeutic Goods Act to enhance national consistency and reduce regulatory burden.
“As I mentioned earlier, we are not opposing the Therapeutic Goods Bill.”— 2019-09-04View Hansard
Supported the Therapeutic Goods Bill as ensuring nationwide regulatory consistency for Queensland-based manufacturers of therapeutic goods.
“That will ensure that Queenslanders feel safe in using therapeutic goods, giving them the opportunity to have confidence that what they are purchasing has been approved.”— 2019-09-17View Hansard
Supported the Therapeutic Goods Bill as enhancing national consistency and reducing regulatory burden by adopting the Commonwealth act.
“The purpose of the Therapeutic Goods Bill 2019 is to adopt the Commonwealth Therapeutic Goods Act 1989 as Queensland law and this will enhance national consistency in the regulation of therapeutic goods.”— 2019-09-17View Hansard
Supported the adoption of the Commonwealth Therapeutic Goods Act, noting it would have prevented the duplicated approval processes parents faced when seeking access to medicinal cannabis for their children.
“By adopting the Commonwealth act some time ago, this ridiculous position would never have arisen.”— 2019-09-04View Hansard