Document ID: chunk:federal_register_of_legislation:C2024C00632:section:38:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 38 (pt 2/2)
Character Range: 578683–581045

conduct resulting in that subparagraph applying occurred when the person was a manager or major interest holder of the body corporate; or
 (h) any other circumstances prescribed by the regulations for the purposes of this paragraph exist.

Interpretation
 (1A) A reference in paragraph (1)(g) to a person convicted of an offence includes a reference to a person in respect of whom an order has been made relating to the offence under:
 (a) section 19B of the Crimes Act 1914; or
 (b) a corresponding provision of a law of a State or Territory.
Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.
 (1AA) Paragraph (1)(g) does not limit paragraph (1)(h).
 (1B) In paragraph (1)(g):
manufacturing licence means:
 (a) a licence granted under this Part; or
 (b) a licence, granted under a law of a State or Territory relating to therapeutic goods, relating to manufacturing therapeutic goods.

Special circumstances justifying grant of licence
 (2) Notwithstanding paragraph (1)(g), the Secretary may grant a licence to an applicant who, apart from this subsection, could not be granted a licence because of that paragraph if, in the opinion of the Secretary, special circumstances make it appropriate to do so.

Guidelines
 (2A) The Secretary must have regard to the guidelines under section 38A in granting licences under this section.

What the licence authorises
 (2B) For each manufacturing site covered by a licence, the Secretary must authorise, in the licence, the holder of the licence to carry out specified steps in the manufacture of specified therapeutic goods at that manufacturing site.
Note 1: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
Note 2: Sections 40A and 40B deal with variation of authorisations.

Notice of decision
 (3) Where the Secretary grants or refuses to grant a licence to an applicant, the Secretary must:
 (a) give the applicant written notice of the decision; and
 (b) in the case of a refusal—include in the notice the reasons for the refusal.

Publication
 (4) Where the Secretary grants a licence, the Secretary must cause particulars of the decision to be published in the Gazette or on the Department's website as soon as is practicable after the decision is made.