US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 7   Therapeutic goods amendments

Therapeutic Goods Act 1989

3   After subsection 26(1)

Insert:

(1A) To avoid doubt, if:

(a) an application is made for the listing of therapeutic goods in relation to a person in accordance with section 23; and

(b) the application is accompanied by the certificate required under subsection 26B(1); and

(c) the other requirements in subsection (1) are met;

the Secretary must list the goods under subsection (1) without inquiring into the correctness of the certificate.

(1B) Civil proceedings do not lie against the Secretary (or a delegate of the Secretary) in respect of loss, damage or injury of any kind suffered by another person as a result of the Secretary (or the delegate) listing therapeutic goods in relation to a person in reliance on a certificate required under subsection 26B(1).