Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 41EP

Revocation of suspension

             (1)  The Secretary must revoke the suspension if the Secretary is satisfied that:

                     (a)  the ground on which the conformity assessment certificate was suspended no longer applies; and

                     (b)  there are no other grounds for suspending the certificate.

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

                     (a)  if:

                              (i)  the manufacturer in relation to whom the conformity assessment certificate was issued; or

                             (ii)  the person who applied for the certificate (if the applicant was not the manufacturer);

                            applies in writing to the Secretary; or

                     (b)  on the Secretary's own initiative.

             (3)  After revoking the suspension, the Secretary must, within 20 working days after the revocation, give written notice of the revocation to the person in relation to whom the conformity assessment certificate was issued.

             (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 within 20 working days after the decision is made; and

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



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