Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (50 of 2024)

Schedule 4   Supply of therapeutic vaping goods by pharmacists without prescription

Part 2   Application and other provisions

20   Restrictions on amending instruments

(1) A legislative instrument made under the Therapeutic Goods Act 1989 (other than paragraph 52D(2)(b)) that:

(a) is made on or after the commencement of this Schedule; and

(b) amends or repeals the amendments made by this Schedule (other than the amendments of the current Poisons Standard);

must not commence before the end of the period in which the instrument could be disallowed in either House of the Parliament.

(2) Subitems (3) and (4) apply in relation to a legislative instrument made under paragraph 52D(2)(b) of the Therapeutic Goods Act 1989 that:

(a) is made on or after the commencement of this Schedule; and

(b) amends or repeals the amendments of the current Poisons Standard made by this Schedule.

(3) Despite subsection 52D(4A) of the Therapeutic Goods Act 1989, section 42 (disallowance) of the Legislation Act 2003 applies to the legislative instrument, to the extent that it amends or repeals the amendments of the current Poisons Standard made by this Schedule.

(4) The legislative instrument must not commence before the end of the period in which it could be disallowed in either House of the Parliament.

(5) A person must not make an application under subsection 52EAA(1) of the Therapeutic Goods Act 1989 for:

(a) an amendment of the entry relating to nicotine inserted into Schedule 3 to the current Poisons Standard by this Schedule; or

(b) an amendment of the entry relating to nicotine inserted into Schedule 4 to the current Poisons Standard by this Schedule; or

(c) any amendment related to the entries relating to nicotine referred to in paragraphs (a) and (b) of this subitem.

(6) This item is repealed at the end of the day the report of the review required by section 4 of this Act is tabled in both Houses of the Parliament.