Document ID: chunk:federal_register_of_legislation:F2025C00021:reg:5:p9
Version: federal_register_of_legislation:F2025C00021
Segment Type: reg
Provision Reference: reg 5 (pt 9/30)
Character Range: 158521–161053

the extent of completion of the assessment or assessments, or of the testing, in connection with the application for the conformity assessment certificate, at the time the person withdrew the application.
 (3) Subregulation (2) does not limit the matters the Secretary may take into account.
 (4) For the purposes of this regulation, the applicable period is:
 (a) if the person requested the refund on or after 28 July 2021 and before the commencement of this regulation—the period of 20 working days beginning on the day this regulation commences; or
 (b) if the person requested the refund on or after the commencement of this regulation—the period of 20 working days beginning on the day the Secretary received the request.

Division 9.4—Other refunds or waivers of fees

9.9  Other refunds or waivers of fees

Refunds
 (1) For the purposes of paragraph 63(3)(b) of the Act, the Secretary must, on behalf of the Commonwealth, refund the fee covered by item 1.6A of the table in Part 1 of Schedule 5 if:
 (a) the request referred to in that item was made on or after 21 August 2021 and before the commencement of this regulation; and
 (b) that request was for revocation of the cancellation of an entry of a kind of medical device covered by item 3A, 3B, 3C, 3D or 3E of the table in Schedule 1 to the Therapeutic Goods (Medical Devices—Specified Articles) Instrument 2020, as that instrument was in force before that commencement.

Waivers
 (2) For the purposes of paragraph 63(3)(b) of the Act, the Secretary must, on behalf of the Commonwealth, waive the fee covered by item 1.6A of the table in Part 1 of Schedule 5 if:
 (a) the request referred to in that item is made on or after the commencement of this regulation and before the end of 31 December 2022; and
 (b) that request is for revocation of the cancellation of an entry of a kind of medical device covered by item 3A, 3B, 3C, 3D or 3E of the table in Schedule 1 to the Therapeutic Goods (Medical Devices—Specified Articles) Instrument 2020, as that instrument is in force from time to time.
 (3) For the purposes of paragraph 63(3)(b) of the Act, the Secretary must, on behalf of the Commonwealth, waive the fee covered by item 1.5 of the table in Part 1 of Schedule 5 if:
 (a) the application referred to in that item is made on or after the commencement of this regulation and before the end of 31 December 2022; and
 (b) that application is for inclusion in the Register of a kind of medical device covered by item 3A, 3B, 3C, 3D or 3E of the table in Schedule 1