Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The GEMS regulator must, on application under section 41, register the model, in relation to the product class, against the relevant GEMS determination for that product class (see section 44), unless subsection (2), (3) or (4) of this section applies.
Note 1: If a replacement determination is made that covers the model but does not affect the model's registration in relation to the product class, the model is taken to be registered against the replacement determination (see subsection 36(2)).
Note 2: For notice of decisions on applications under this Part, see section 67.
(2) The GEMS Regulator must refuse to register a model in relation to a product class if the GEMS Regulator is not satisfied that:
(a) the model complies with the requirements of the relevant GEMS determination referred to in section 44 for that product class; or
(b) if the application is to register 2 or more models that include the model--those models are in the same family of models.
Note: Generally the GEMS determination referred to in paragraph (a) will be the GEMS determination that covers that product class, as in force at the time of making the decision on the application.
(3) The GEMS Regulator must refuse to register a model in relation to a product class if the GEMS Regulator is not satisfied that:
(a) at least one of the following applies:
(i) the applicant manufactures the model;
(ii) the applicant imports the model into Australia;
(iii) the applicant has an appropriate connection to the supply of the model in Australia, determined in accordance with regulations made for the purposes of this paragraph (if any); or
(b) the applicant meets all other requirements specified in regulations made for the purposes of this paragraph (if any).
Example: For paragraph (b), the regulations might require the person to be registered under a law of the Commonwealth in connection with carrying on business in Australia.
(4) The GEMS Regulator may refuse to register a model in relation to a product class if the GEMS Regulator is satisfied that there are grounds for refusing the application under section 66.