Grey Market COVID-19 Antigen Test Deals

There have been a couple of deals recently for COVID-19 Rapid Antigen Tests delivered from overseas stores - which are actually illegal. The test kits are actually medical devices, which means that they have to be ARTG-listed and can only be supplied by the Australian sponsor of the ARTG registration. If people order these, they run the risk of getting a threatening letter and/or fine from Border Force for illegal import of a medical device.

From https://www.tga.gov.au/legal-supply-covid-19-test-kits:

Only the approved sponsor of a COVID-19 test, or a person acting on their behalf in a distribution arrangement with the sponsor, can supply the device.

Perhaps OzB should impose a rule that only Australian stores can be posted for RAT deals?

Comments

  • which means that they have to be ARTG-listed and can only be supplied by the Australian sponsor of the ARTG registration.

    Only the approved sponsor of a COVID-19 test, or a person acting on their behalf in a distribution arrangement with the sponsor, can supply the device.

    • Meaning retailers buying from the sponsor/distributor.

      Stores in South Korea are obviously not in a distribution arrangement with the Australian sponsor of the registration.

  • +8

    Yes, supporting millionaire chemists owners by price-fixing is the way.

    • +2

      I use a smart contract to get my covid test into a NFT.

      • -1

        Sounds good. Sell me some coins.

    • +1

      If they're actually price fixing, report it to ACCC because price fixing cartels are illegal. If they're lying about why they're so expensive, report that too because it's also illegal.

      • +4

        Yeah, it's that easy….? What are you smoking, mate

        • +1

          Odds of having accc investigate price fixing, and get an actual outcome, are somewhere between Buckley's and none.

          • @brendanm: It's not like calling 000 where they send in a swat team, you need to wait a little bit.

            Look at all these wins ACCC had against price fixing: https://www.accc.gov.au/site-search/price%20fixing

            • +1

              @deme: Lots of those are for the same company, lots are just information, and on the first page, they lost, and again on appeal, against ANZ. They've also never been able to get petrol companies for price fixing, yet they all go up on the same day.

          • @brendanm: Especially as the Chair of ACCC was appointed by the LNP - Gina Cass-Gottlieb. A big business practitioner, I'm sure she's gonna be thinking of the consumers and not of defending big business (her forte) LMAO.

            She represented banks in a criminal case involving cartel behaviour.

            Cass-Gottlieb was closely involved in the case, acting on behalf of investment bank JP Morgan, which earned itself immunity from prosecution after agreeing to provide evidence against other alleged players.

            Which is crazy, considering:

            The banking cartel case is one of the ACCC’s most difficult, with a federal court judge last month describing the indictment brought by prosecutors as a “complete shemozzle” because charges had not been finalised more than three years after they were first laid.

            Just another whipped regulatory body, thanks to our beloved LNP.

            So if we think she will step in when the Federal Government have obviously fracked this whole RAT thing sideways, well. You will be holding your breath for awhile

    • Don't forget Ozbargains and Scomo's dear old friend, Gerry Harvey. We don't want to risk undercutting him. He needs to pad out the millions he received in covid relief welfare a bit more.

  • …which means that they have to be ARTG-listed and can only be supplied by the Australian sponsor of the ARTG registration. If people order these, they run the risk of getting a threatening letter and/or fine from Border Force for illegal import of a medical device.

    If I'm reading this correctly, then the products can only be supplied (in Australia) by the Australian sponsor of the ARTG registration. If you're importing them for self use and not supplying it to other people, is it still a problem?

    I mean, people bring medical devices across the border for personal use all the time.

    • Yes. Still a problem, because the overseas store can't legally supply the device (you see the catch there).

      People on reddit have reported getting their test kits blocked at the border and a threatening letter informing them it's a criminal offence.

      • -1

        because the overseas store can't legally supply the device

        Australia does not have the power to regulate what goes on overseas.

        • But it does have the power to regulate what can cross its borders. Obviously.

          • @[Deactivated]: Have you got the rule/law that prevents someone from ordering a medical device for themselves from overseas?

            I'd also be interested to see the Reddit post you're referring to - have you still got the link to share?

            • @bobbified: Same here. Looking to get relos overseas to send me a box of RATs

      • +1

        All the phone chargers ozb buy from China can't legally be plugged into the power network.

        Does ozb or the ABF care? No, they don't.

  • All COVID-19 test kits must be approved for inclusion in the Australian Register of Therapeutic Goods (ARTG), in order to be legally supplied in Australia. One exception to this is for Class 4 in-house IVDs being used to perform donor screening under the emergency exemption.

    https://www.tga.gov.au/legal-supply-covid-19-test-kits

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