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A1
ATTACHMENT A
Schedule of Documents Doc Date of
document No. of pages
Description Decision on release
1. 30/01/2013 5
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15148 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 36 African Black Ant capsules containing sildenafil citrate
Release in part 47F
2. 4/02/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU14624 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 4965 unidentified brown tablets containing sildenafil citrate
Release in part 47F
3. 8/02/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU14996 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 588 Maxman IV tablets containing sildenafil citrate
Release in part 47F
4. 14/02/2013 5
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15002 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 2 Viagra Tablets which were not identified as counterfeit and other goods
Release in part 47F
22
5. 22/05/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15414 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 380 Aurogra Tablets containing sildenafil citrate
Release in part 47F
6. 9/07/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15550 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 160 Black Ant Capsules and 160 Stree Overlord Capsules containing sildenafil citrate
Release in part 47F
7. 12/08/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15707 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 200 Erec‐Bull tablets containing sildenafil citrate
Release in part 47F
8. 14/08/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15566 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 160 African Black Ant capsules containing sildenafil citrate and other goods
Release in part 47F
22
9. 15/08/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15451 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 792 Viagra Tablets which were identified as counterfeit
Release in part 47F
A2
Doc Date of document
No. of pages
Description Decision on release
10. 15/08/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15391 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 400 Viagra Tablets which were identified as counterfeit
Release in part S47F
11. 26/08/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15614 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 500 Golden Root Complex Capsules containing sildenafil citrate
Release in part S47F
12. 28/08/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15570 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 54 African Black Ant capsules containing sildenafil citrate
Release in part S47F
13. 30/08/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15581 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 8 Yonggang tablets; and 16 Maxman tablets; and 10 Hard Man tablets; and 10 Vigour tablets; and 10 American Bulls tablets; and 10 Fur Seal tablets; and 10 Ginseng For tablets; and 10 Tiger King tablets; and 16 Furnabo tablets; and 6 Dragon Power tablets all of which contained sildenafil citrate
Release in part S47F
14. 30/08/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15835 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 350 Sachets of Kamagra containing sildenafil citrate
Release in part S47F
15. 30/08/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15872 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 210 Viagra Tablets which were identified as counterfeit
Release in part S47F
16. 2/09/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCI15810 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 120 Viagra Tablets which were identified as counterfeit
Release in part S47F
17. 10/09/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15829 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 48 African Black Ant capsules containing sildenafil citrate
Release in part S47F
A3
Doc Date of document
No. of pages
Description Decision on release
18. 10/09/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15860 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 48 African Black Ant capsules containing sildenafil citrate
Release in part S47F
19. 16/09/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15529 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 98 Sachets of Kamagra containing sildenafil citrate
Release in part S47F
20. 17/09/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15723 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 30 Filagra Tablets containing sildenafil citrate and other goods
Release in part S47F
S22
21. 11/10/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15725 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 10 Fildena tablets containing sildenafil citrate and other goods
Release in part S47F
S22
22. 28/10/2013
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15921 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 792 Maxman tablets containing sildenafil citrate
Release in part S47F
23. 28/10/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15923 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 816 Maxman tablets containing sildenafil citrate
Release in part S47F
24. 28/10/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15922 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 800 Maxman tablets and 960 Maxman containing sildenafil citrate
Release in part S47F
25. 19/11/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU16022 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 800 Maxman tablets containing sildenafil citrate
Release in part S47F
26. 20/11/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15773 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 500 Gold Viagra Tablets containing sildenafil citrate
Release in part S47F
27. 21/11/2013 6
Faxed letter from the Therapeutic Goods Administration with the reference number RCU16053 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 200 Viagra Tablets which were identified as counterfeit
Release in part S47F
A4
Doc Date of document
No. of pages
Description Decision on release
28. 26/11/2013 4
Faxed letter from the Therapeutic Goods Administration with the reference number RCU15923 requesting the application of the Customs Act 1901 to the importation of the following therapeutic goods: 800 Maxman tablets containing sildenafil citrate
Release in part S47F
29. No date 1 Seizures made under the direction of the Therapeutic Goods Administration for the calendar year 2013 – Summary table
Release in full
B1
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.
Access given to qualified person instead
(4) Subsection (5) applies if:
(a) a request is made to an agency or Minister for access to a document of the agency, or an official document of the Minister, that contains information concerning the applicant, being information that was provided by a qualified person acting in his or her capacity as a qualified person; and
(b) it appears to the principal officer of the agency or to the Minister (as the case may be) that the disclosure of the information to the applicant might be detrimental to the applicant’s physical or mental health, or well‐being.
(5) The principal officer or Minister may, if access to the document would otherwise be given to the applicant, direct that access to the document, so far as it contains that information, is not to be given to the applicant but is to be given instead to a qualified person who:
(a) carries on the same occupation, of a kind mentioned in the definition of qualified person in subsection (7), as the first‐mentioned qualified person; and
(b) is to be nominated by the applicant.
(6) The powers and functions of the principal officer of an agency under this section may be exercised by an officer of the agency acting within his or her scope of authority in accordance with arrangements referred to in section 23.
B2
(7) In this section:
qualified person means a person who carries on, and is entitled to carry on, an occupation that involves the provision of care for the physical or mental health of people or for their well‐being, and, without limiting the generality of the foregoing, includes any of the following:
(a) a medical practitioner;
(b) a psychiatrist;
(c) a psychologist;
(d) a counsellor;
(e) a social worker.
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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