Document ID: chunk:federal_register_of_legislation:C2024C00632:section:26bj:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 26BJ (pt 2/2)
Character Range: 277570–279611

been paid; and
 (c) if further information is required to be given under subsection (6) within a specified time—the information is given within that time;
the Secretary must decide whether to make the recommendation or refuse to make the recommendation.
 (9) In deciding whether to make the recommendation, the Secretary may have regard to whether the indication to which the application relates is a therapeutic use that relates to one or more of the following:
 (a) maintaining health;
 (b) enhancing health;
 (c) preventing a dietary deficiency;
 (d) a disease, ailment, defect or injury, other than a serious form of the disease, ailment, defect or injury;
 (e) sun protection.
 (10) If the Secretary refuses to make the recommendation, the Secretary must:
 (a) notify the applicant in writing of his or her decision; and
 (b) state in the notice the reasons for the decision.

Minister may vary section 26BF determination
 (11) If the Secretary makes a recommendation under subsection (8), the Minister must:
 (a) by legislative instrument, vary the determination under subsection 26BF(1); or
 (b) refuse to vary the determination.
 (12) In deciding whether to vary a determination under subsection 26BF(1) to include an indication not already covered by the determination, the Minister may have regard to:
 (a) the recommendation made under subsection (8) of this section; and
 (b) whether the indication is a therapeutic use that relates to one or more of the matters in paragraphs (9)(a) to (e) of this section.
 (13) Subsection (12) does not limit the matters to which the Minister may have regard in deciding whether to vary the determination.

Applications or information may be given electronically
 (14) An approval of a form mentioned in paragraph (2)(a), or a notice mentioned in subsection (6), may require or permit an application or information to be given in accordance with specified software requirements:
 (a) on a specified kind of data processing device; or
 (b) by way of a specified kind of electronic transmission.