Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a person (the applicant ) has applied to the Secretary under section 41RB for consent to manufacture, supply or possess vaping goods; and
(b) the applicant has complied with any requirements made by the Secretary under subsection 41RB(3) in relation to the application;
the Secretary must decide whether to give, or refuse to give, the consent.
(2) The Secretary may give a consent under subsection (1):
(a) unconditionally or subject to conditions; or
(b) in respect of particular vaping goods or classes of vaping goods.
Note: A person may commit an offence or be liable to a civil penalty if the person does an act or omits to do an act and the act or omission breaches a condition of a consent given under subsection (1): see section 41RD.
(2A) In making a decision under subsection (1), the Secretary must comply with the decision - making principles (if any) determined under subsection (2B).
(2B) The Minister may, by legislative instrument, determine principles ( decision - making principles ) that the Secretary must comply with in making a decision under subsection (1).
(2C) Without limiting subsection (2B), the decision - making principles may set out any of the following:
(a) circumstances in which a consent under subsection (1) must not be given;
(b) matters that must be taken into account in making a decision under subsection (1);
(c) matters that must not be taken into account in making a decision under subsection (1);
(d) matters that may be taken into account in making a decision under subsection (1).
(3) The Secretary must, as soon as practicable after making a decision to give a consent under subsection (1), cause particulars of the decision to be published on the Department's website.
(4) If the Secretary decides to refuse to give a consent under subsection (1), the Secretary must, within 28 days after making the decision, notify the applicant in writing of the decision and the reasons for the decision.