Document ID: chunk:federal_register_of_legislation:C2004A04631:body:0:p14
Version: federal_register_of_legislation:C2004A04631
Segment Type: other
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Character Range: 33886–36863

to which an application for registration or listing has been made.";

    (b) by omitting subsections (8A) and (8B) and substituting the following subsection:

    "(8A) Regulations prescribing fees in respect of applications for information under the regulations:

         (a) may include provision for the payment of deposits on account of such fees; and

         (b) may provide for fees that take into account the time spent by officers of the Department in:

           (i) searching for or retrieving information; or

             (ii) making, or doing anything related to the making of, a decision on an application; and

         (c) may provide for fees that take into account the direct costs incurred by the Commonwealth in making available an officer to supervise the inspection by an applicant of any document containing information to which an application relates.";

    (c) by omitting from subsection (8C) "in accordance with regulations made for the purposes of subsection (8A)," and substituting "under the regulations,";

    (d) by omitting subsection (10) and substituting the following subsections:

     "(10) Nothing in this or any other Act requires the Secretary to disclose to any person, court or tribunal information referred to in subsection 25(2E) or 26(2D) if the disclosure would constitute a breach of the Mutual Recognition Convention.

     "(11) This section (except subsection (10)) has effect subject to the Freedom of Information Act 1982.".

(2) Regulations in force for the purposes of subsection 61(8A) of the Principal Act immediately before the commencement of this section have effect after that commencement as if they had been made for the purposes of paragraph 63(2)(h) of the Principal Act as amended by this Act.

Regulations

  51.(1) Section 63 of the Principal Act is amended:

     (a) by omitting from paragraph (2)(g) ", and prescribe fees for those services";

     (b) by omitting paragraph (2)(h) and substituting the following paragraph:

          "(h) prescribe fees in respect of matters under this Act or the regulations; and".

(2) Regulations in force for the purposes of paragraph 63(2)(h) of the Principal Act immediately before the commencement of this section continue in force as if they had been made for the purposes of paragraph 63(2)(h) of the Principal Act as amended by this Act.

Transitional arrangements for goods required to be registered or listed

  52. Section 66 of the Principal Act is amended:

  (a) by inserting after subsection (3) the following subsection:

    "(3A) If, on an application under subsection (3), goods have been registered without having been evaluated, the Secretary may, if he or she thinks it appropriate, give the person in relation to whom the goods are registered written notice that the goods are to be evaluated to determine whether they should continue to be registered.";

  (b) by inserting after subsection (4) the following subsections:

     "(4A) In