Commonwealth Consolidated Acts

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Revocation of suspension

             (1)  The Secretary must revoke a suspension under section 32FA, by written notice given to the person in relation to whom the biological is included in the Register, if the Secretary is satisfied that:

                     (a)  the ground on which the biological was suspended from the Register no longer applies; and

                     (b)  there are no other grounds for suspending the biological from the Register.

             (2)  The Secretary's power to revoke the suspension may be exercised:

                     (a)  if the person in relation to whom the biological is included in the Register applies in writing to the Secretary; or

                     (b)  on the Secretary's own initiative.


             (3)  As soon as practicable after giving a notice under subsection (1), the Secretary must cause to be published in the Gazette or on the Department's website a notice setting out particulars of the revocation.

Notice of refusal to revoke suspension

             (4)  If the Secretary decides, after an application is made under paragraph (2)(a), not to revoke the suspension, the Secretary must:

                     (a)  notify the applicant in writing of his or her decision; and

                     (b)  state in the notice the reasons for the decision.

Notice not a legislative instrument

             (5)  A notice under subsection (1) is not a legislative instrument.

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