Document ID: chunk:federal_register_of_legislation:F2025C00214:clause:1_7:p5
Version: federal_register_of_legislation:F2025C00214
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 5/11)
Character Range: 26349–29132

equipment was not upgraded before the end of its new effective life age; and
 (b) the relevant proprietor did not apply for an exemption under clause 1.2.8 in respect of the equipment before the end of its new effective life age.
Note: For relevant proprietor, see clause 1.2.4.
 (2) The application must:
 (a) be in writing; and
 (b) be made within 3 months after the end of the equipment's new effective life age; and
 (c) set out:
 (i) reasons why the proprietor was unable to upgrade the equipment before the end of its new effective life age; and
 (ii) reasons why the proprietor was unable to apply for an exemption under clause 1.2.8 in respect of the equipment before the end of its new effective life age; and
 (iii) an explanation of how the equipment has been, or will be, upgraded; and
 (iv) if the equipment has not been upgraded—the steps taken by the proprietor to ensure that it will be upgraded within 3 months after the end of its new effective life age, and the date on which the upgrade will occur.

Notifying proprietor of receipt of application
 (3) If:
 (a) the Secretary receives an application under subclause (1) of this clause for reinstatement in respect of the equipment; and
 (b) the application complies with subclause (2);
the Secretary must notify the relevant proprietor for the equipment in writing that the Secretary has received the application.

1.2.10B  Equipment not upgraded before end of new effective life age—granting reinstatement of subsequently upgraded equipment

Scope of this clause
 (1) This clause applies if, under subclause 1.2.10A(3), the Secretary notifies the relevant proprietor for diagnostic imaging equipment that the Secretary has received an application for reinstatement in respect of the equipment.

Granting reinstatement
 (2) The Secretary must, by notice in writing given to the proprietor:
 (a) subject to subclause (3) of this clause, grant the reinstatement; or
 (b) refuse to grant the reinstatement.
 (3) The Secretary must not grant the reinstatement unless the Secretary is satisfied that both of the following apply:
 (a) the proprietor was unable to upgrade the equipment before the end of its new effective life age;
 (b) the equipment has been or will be upgraded within 3 months after the end of its new effective life age.
 (4) The Secretary must make a decision on the application under subclause (2) within 28 days after notifying the proprietor as mentioned in subclause (1).

Subdivision BB—Reconsideration and review of decisions

1.2.11  Reconsideration by Secretary—applying for reconsideration

Scope of this clause
 (1) This clause applies to:
 (a) a decision under clause 1.2.8 to refuse to grant an exemption in respect of diagnostic imaging equipment; or
 (b) a decision under clause 1.2.10