Document ID: chunk:federal_register_of_legislation:C2004A00781:clause:1_31
Version: federal_register_of_legislation:C2004A00781
Segment Type: clause
Provision Reference: sch 1 cl 31
Character Range: 7308–8602

31  After subsection 30(1)
Insert:

 (1A) The Secretary may, by notice in writing given to a person in relation to whom a medicine is listed under section 26A, cancel the listing of the medicine if:
 (a) the medicine is not eligible for listing; or
 (b) the medicine is exempt; or
 (c) there is a serious breach, involving the medicine, of the requirements relating to advertising applicable under the regulations, and the Secretary is satisfied that:
 (i) the breach is significant; and
 (ii) as a result of the breach, the presentation of the medicine is misleading to a significant extent.

 (1B) However, paragraph (1A)(c) does not apply to medicines that are manufactured in Australia for export only, or are imported into Australia for export only.

 (1C) The Secretary may, by notice in writing given to a person in relation to whom a medicine is listed under section 26A, cancel the listing of the medicine if:
 (a) the Secretary, under section 31, gives to the person a notice requiring the person to give to the Secretary information or documents relating to the medicine; and
 (b) the notice is given for the purposes of ascertaining whether the medicine should have been listed; and
 (c) the person fails to comply with the notice within 20 working days after the notice is given.