Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 41EH

Treating applications as having been refused

             (1)  The applicant for an application for a conformity assessment certificate may give the Secretary written notice that the applicant wishes to treat the application as having been refused if:

                     (a)  a period is prescribed under paragraph 63(2)(dc) for making a decision on the application; and

                     (b)  at the end of the period, the applicant has not been notified of a decision whether to issue the certificate.

             (2)  The notice may be given at any time before the applicant is notified of the decision.

             (3)  If a notice has been given, this Act (except for subsection 60(5)) has effect as if:

                     (a)  the Secretary had decided not to issue the certificate; and

                     (b)  the Minister had made a decision under subsection 60(3) confirming the decision of the Secretary; and

                     (c)  the Minister's decision had been made on the day on which notice was given to the Secretary.



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