20130121 - draft decision · decision on release 1. 7/05/2012 5 faxed letter from the therapeutic...

SCHEDULE OF DOCUMENTS

REQUEST UNDER FREEDOM OF INFORMATION ACT 1982

Date of

document No. of pages

Description

Decision on release

1. 7/05/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 392 tablets of Viagra and 80 tablets of Cialis

Release in part s47F

2. 2/05/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 60 VigRX Plus tablets containing Sildenafil


3. 2/05/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 262 Sildigra Prof tablets containing Sildenafil


4. 9/05/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 72 Maximum Powerful tablets containing Sildenafil and Tadalafil


5. 9/05/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 240 Spier Tablets containing Sildenafil


6. 13/06/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 24 Black Ant capsules containing Sildenafil


7. 13/06/2012 5



8. 13/06/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 160 Stree Overlord Capsules containing Sildenafil


9. 26/06/2012 7

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 170 Sildigra tablets containing Sildenafil


10. 26/06/2012 7



11. 28/06/2012 7

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 400 unknown tablets found to be for the treatment of erectile dysfunction


12. 29/06/2012 4



13. 29/06/2012 4


Release in part s47G

14. 29/06/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 50 Satchets of Kamagra containing Sildenafil


15. 17/08/2012 7

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 380 Filagra capsules containing Sildenafil


16. 27/08/2012 4

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 600 Zhong Hau Niu Bian tablets containing Sildenafil, Tadalafil, Glibenclamide and Sibutramine


Date of


Description

Decision on release

17. 27/08/2012 4

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 400 black Ant capsules containing Sildenafil and 190 Tadalafil tablets and 5 satchets of Kamagra containing Sildenafil


18. 14/09/2012 4

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 2000 Chao Jimengnan Super Powerful Man tablets containing Sildenafil


19. 24/09/2012 7 Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 120 Tadalafil Tablets


20. 23/10/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 1 KG filagra sachets and 20 Filagra tablets containing Sildenafil and


21. 7/11/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 240 VigRX Plus tablets containing Sildenafil


22. 26/11/2012 7

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 700 Jimengnan Super Powerful Man tablets containing Sildenafil


23. 4/12/2012 7

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 380 Filagra tablets containing Sildenafil

Release in part s47F s4G

24. 19/12/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 164 Black Ant capsules containing Sildenafil and 12 Stree Overlord capsules containing Sildenafil


25. 19/12/2012 7

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 480 VigRX tablets containing Sildenafil


26. 2/11/2012 7

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 160 Counterfeit Viagra and 80 counterfeit Cialis tablets


27. 28/06/2012 7

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 400 Counterfeit Viagra tablets


28. 17/08/2012 7

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 480 counterfeit Viagra tablets


29. 18/01/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 100 Sachets of Kamagra containing Sildenafil


30. 7/02/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 12 Saturo capsules containing Sildenafil


31. 10/02/2012 5



32. 13/02/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 16 Sachets of Maxman, 10 Tiger King Pills and 54 African Black Ant capsules containing Sildenafil


33. 13/02/2012 6

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 6 Superhard capsules containing Sildenafil and Tadalafil


34. 13/02/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 300 "Weili" Black Ant capsules containing Sildenafil and Tadalafil


Date of


Description

Decision on release

35. 13/02/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 2680 Maxman capsules containing Sildenafil


36. 13/02/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 60 Hard Ten Days Capsules containing Sildenafil


37. 14/02/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 100 Tiger King tablets containing Sildenafil


38. 8/03/2012 7

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 100 Black Ant capsules containing Sildenafil and Tadalafil


39. 9/03/2012 4

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 300 Maximum Powerful tablets containing Sildenafil and Tadalafil


40. 21/03/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 501 Sachets of Kamagra containing Sildenafil


41. 23/03/2012 5



42. 29/03/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 20 boxes of Kamagra sachets containing Sildenafil


43. 29/03/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 720 VigRX tablets containing Sildenafil


44. 29/03/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 240 African Black Ant capsules containing Sildenafil and Tadalafil and 240 Stiff nights capsules containing Sildenafil


45. 27/04/2012 7

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 1000 Cialis tablets containing Tadalafil


46. 13/02/2012 5

Faxed letter from the Therapeutic Goods Administration requesting the application of the Customs Act 1901 to the importation of therapeutic goods: 800 Counterfeit Viagra Tablets


47. 16/01/2013 1

Statistics obtained from Customs and Border Protection's 'Detained Goods Management System (DGMS) of seizures made under the direction of the Therapeutic Goods Administration for the calendar year 2012.

Release in full

ATTACHMENT B

Relevant Legislation

Section 47F - Public interest conditional exemptions—personal privacy

(1) A document is conditionally exempt if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person).

(2) In determining whether the disclosure of the document would involve the unreasonable disclosure of personal information, an agency or Minister must have regard to the following matters: (a) the extent to which the information is well known; (b) whether the person to whom the information relates is known to be (or to have

been) associated with the matters dealt with in the document; (c) the availability of the information from publicly accessible sources; (d) any other matters that the agency or Minister considers relevant.

(3) Subject to subsection (5), subsection (1) does not have effect in relation to a request by a person for access to a document by reason only of the inclusion in the document of matter relating to that person. …

Section 47G - Public interest conditional exemptions—business

(1) A document is conditionally exempt if its disclosure under this Act would disclose information concerning a person in respect of his or her business or professional affairs or concerning the business, commercial or financial affairs of an organisation or undertaking, in a case in which the disclosure of the information: (a) would, or could reasonably be expected to, unreasonably affect that person

adversely in respect of his or her lawful business or professional affairs or that organisation or undertaking in respect of its lawful business, commercial or financial affairs; or

(b) could reasonably be expected to prejudice the future supply of information to the Commonwealth, Norfolk Island or an agency for the purpose of the administration of a law of the Commonwealth or of a Territory or the administration of matters administered by an agency.

(2) Subsection (1) does not apply to trade secrets or other information to which section 47 applies.

(3) Subsection (1) does not have effect in relation to a request by a person for access to a document: (a) by reason only of the inclusion in the document of information concerning that

person in respect of his or her business or professional affairs; or (b) by reason only of the inclusion in the document of information concerning the

business, commercial or financial affairs of an undertaking where the person making the request is the proprietor of the undertaking or a person acting on behalf of the proprietor; or

(c) by reason only of the inclusion in the document of information concerning the business, commercial or financial affairs of an organisation where the person making the request is the organisation or a person acting on behalf of the organisation.

(4) A reference in this section to an undertaking includes a reference to an undertaking that is carried on by, or by an authority of, the Commonwealth, Norfolk Island or a State or by a local government authority.

(5) For the purposes of subsection (1), information is not taken to concern a person in respect of the person’s professional affairs merely because it is information concerning the person’s status as a member of a profession.

11B - Public interest exemptions—factors

(1) This section applies for the purposes of working out whether access to a conditionally exempt document would, on balance, be contrary to the public interest under subsection 11A(5).

(2) This section does not limit subsection 11A(5).

Factors favouring access

(3) Factors favouring access to the document in the public interest include whether access to the document would do any of the following: (a) promote the objects of this Act (including all the matters set out in sections 3 and

3A); (b) inform debate on a matter of public importance; (c) promote effective oversight of public expenditure; (d) allow a person to access his or her own personal information.

Irrelevant factors

(4) The following factors must not be taken into account in deciding whether access to the document would, on balance, be contrary to the public interest: (a) access to the document could result in embarrassment to the Commonwealth

Government, or cause a loss of confidence in the Commonwealth Government; (aa) access to the document could result in embarrassment to the Government of

Norfolk Island or cause a loss of confidence in the Government of Norfolk Island; (b) access to the document could result in any person misinterpreting or

misunderstanding the document; (c) the author of the document was (or is) of high seniority in the agency to which the

request for access to the document was made; (d) access to the document could result in confusion or unnecessary debate.

Guidelines

(5) In working out whether access to the document would, on balance, be contrary to the public interest, an agency or Minister must have regard to any guidelines issued by the Information Commissioner for the purposes of this subsection under section 93A.

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20130121 - draft decision · decision on release 1. 7/05/2012 5 faxed letter from the therapeutic...

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