Division 5(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(1A) In particular, the regulations may make provision for or with respect to any of the following:(a) providing for the issue, renewal, suspension and cancellation of licences for the purposes of section 36C and the conditions subject to which such licences may be issued or renewed for those purposes,(b) prohibiting or regulating the advertising of therapeutic goods by persons engaged in the supply of those goods, including the form and content of advertisements and the manner in which advertisements may be published or displayed,(c) providing for labelling, sampling, examining, testing and analysing therapeutic goods,(d) prescribing conditions to be complied with when preparing, supplying, storing, packing, handling, carrying and delivering therapeutic goods,(e) prohibiting or regulating the supply of therapeutic goods of a specified class,(f) prescribing fees that are to be paid for matters arising under this Part (including fees for the issue and renewal of licences referred to in paragraph (a)),(g) requiring persons of a specified class to keep records for the purposes of this Part,(h) prohibiting the supply of therapeutic goods by self-service methods specified in the regulations.(1B) The regulations may also make provision for or with respect to any of the following:(a) empowering Magistrates to order the forfeiture of regulated goods and other things seized under this Act and to order payments to be made to meet costs incurred in seizing, storing and disposing of goods or things so seized,(b) providing for the storage and release of goods seized under this Act,(c) conferring rights of appeal on persons aggrieved by decisions of the Director-General relating to:(i) the issue, renewal or refusal to issue or renew licences or authorities issued or renewed for the purposes of this Act or the regulations, or(ii) the suspension, withdrawal or cancellation of licences or authorities issued or renewed for those purposes.(2) Regulations may be made so as to apply differently according to such factors as may be specified in the regulations.(3) The regulations may authorise any matter or thing to be from time to time determined, applied or regulated by any person specified therein, either generally or for any class of cases or in a particular case.(4) The regulations may incorporate by reference, wholly or in part and with or without modification, any standards, rules, codes, specifications or methods, as in force at a particular time or as in force from time to time, prescribed or published by any authority or body, whether or not it is a New South Wales authority or body.(5) The regulations may create offences punishable by a penalty not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months, or both.
45D Act binding on Crown in right of New South Wales
This Act binds the Crown not only in right of New South Wales but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Notes in the text of this Act are explanatory notes only and do not form part of this Act.
46 Tabling and disallowance of proclamations and orders
Sections 40 and 41 of the Interpretation Act 1987 apply to:(a) a proclamation made under section 8, and(b) an order made under section 37,in the same way as they apply to a statutory rule.
46A Savings and transitional provisions
Schedule 3 has effect.