Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 9F

Removal of entries from Register

             (1)  This section applies if:

                     (a)  there is an entry on the Register in relation to goods; and

                     (b)  the Secretary is satisfied that the goods are not therapeutic goods.

             (2)  The Secretary may, by written notice given to the person in relation to whom the goods are entered on the Register, remove the entry of the goods from the Register.

             (3)  Before removing the entry, the Secretary must:

                     (a)  inform the person in writing that the Secretary proposes the removal and set out the reasons for it; and

                     (b)  invite the person to make written submissions to the Secretary in relation to the proposed removal within the period specified in the notice (being not less than 20 working days after the day the notice is given).

             (4)  The Secretary must not give the person a notice under subsection (2) until the Secretary has had regard to any submissions the person makes under paragraph (3)(b).

             (5)  A notice under subsection (2) is not a legislative instrument.

             (6)  If the Secretary removes an entry of goods from the Register under this section, the removal has effect on the day specified in the notice under subsection (2) in relation to the goods, being a day not earlier than 20 working days after the day on which the notice is given to the person.

             (7)  If the Secretary removes an entry of goods from the Register under this section, the Secretary must, as soon as practicable after the removal, cause to be published in the Gazette , or on the Department's website, a notice setting out particulars of the removal.



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