Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 24E

Deemed refusal of application

  (1)   This section applies in the case of an application under section   23 in relation to therapeutic goods for the evaluation of which a period is prescribed under paragraph   63(2)(da).

  (2)   If, at the end of the period referred to in subsection   (1), the evaluation has not been completed, the applicant may give the Secretary written notice that the applicant wishes to treat the application as having been refused.

  (3)   A notice under subsection   (2) may be given at any time before the evaluation is completed.

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

  (a)   the Secretary had decided not to register the goods the subject of the application; 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 under subsection   (2).



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