Good morning everyone,
thank you for your collaboration and your help.
For sure, it is clear that the Australian Sponsor must be considered as critical supplier and must be directly controlled by the foreign manufcaturer.
It is crucial for my company's strategies to know that there is no mandatory requirements that oblige the Sponsor to have direct commercial contact with the manufacturer, but that there can be a three -party Quality and Commercial Agreement.
Thank you all for the support.
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Caterina Montesi
Thema s.r.l. - ENTERPRISE
Imola
Italy
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Original Message:
Sent: 02-Jan-2024 18:15
From: Rob Parbery
Subject: Australian Sponsor
When making an application for inclusion of a device the applicant must certify that they have sufficient information to demonstrate compliance or have procedures in place, including a written agreement in place with the manufacturer that such information can be obtained with in a designated time (Therapeutic Goods Act 1989 Section 41FD). The regulations allow for these procedures/agreements to be requested by the agency. Not a requirement to be a commercial contract, but without a commercial agreement in place first why would a manufacturer establish such procedures (can end up a lot of work for no financial benefit).
It's not necessary that the agreement/procedures are directly in place with the manufacturer and it is not uncommon to have a series of agreements in place. How well this works in practice depends on the level of understanding each party has of the whole series and how they are supposed to work together.
I'd agree with Richard that a Sponsor should be considered a critical supplier, or clearly documented why they do not need to be classed as such.
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Rob Parbery
Sydney NSW
Australia
Original Message:
Sent: 27-Dec-2023 04:13
From: Caterina Montesi
Subject: Australian Sponsor
Good morning,
i'm an italian regulatory consultant in teh medical device field.
I would like to know if there are some regulatory requirements which requires direct and commercial contact between the manufacturer outside Australia and the australian Sponsor.
If so, Can you please the regulatory reference (e.g., 'Therapeutic Goods Act 1989 and the Therapeutic Goods (Medical Devices) Regulations 2002 Act n. ???)
Thank you very much
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Caterina Montesi
Thema s.r.l. - ENTERPRISE
Imola
Italy
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