Document ID: chunk:federal_register_of_legislation:F2024C00984:reg:35:p2
Version: federal_register_of_legislation:F2024C00984
Segment Type: reg
Provision Reference: reg 35 (pt 2/3)
Character Range: 72858–75329

facilitated resolution pathway category.
 (5) Despite subsection (2), (3) or (4), the Department need not make a refund under that subsection relating to a proposed submission in the facilitated resolution pathway category if the withdrawal occurs after the last business day before the workshop (including on or after the day of the workshop) referred to in subsection 29(6) in connection with the submission.

Liability for part of fee if no fee amount was paid
 (6) If:
 (a) a notice of intent in relation to a proposed submission, or a submission, is withdrawn as described in paragraph (2)(b), (3)(b) or (4)(b); and
 (b) no fee amount for providing submission services in response to the submission was paid before the withdrawal of the notice of intent or the submission;
the Secretary must notify the person who gave the notice of intent or made the submission, in writing, that a fee of $455 is payable for the provision of administrative services by the Department in relation to the notice of intent or the submission.
 (7) Subsection (6) does not apply in relation to:
 (a) a submission in the new brand or new oral form of existing pharmaceutical item category; or
 (b) a notice of intent in relation to a proposed submission in the facilitated resolution pathway category, or a submission in that category.
Note: Subsection (8) deals with liability for the fee relating to a submission in the facilitated resolution pathway category.
 (8) If:
 (a) a notice of intent in relation to a proposed submission in the facilitated resolution pathway category, or a submission in that category, is withdrawn after the last business day before the workshop (including on or after the day of the workshop) referred to in subsection 29(6) in connection with the submission; and
 (b) no fee amount for providing submission services in response to the submission was paid before the withdrawal of the notice of intent or the submission;
the Secretary must notify the person who gave the notice of intent or made the submission, in writing, that a fee of $72,440 is payable for the provision of services relating to the preparation and delivery of the workshop.
Note 1: The fee specified in a notification given under subsection (6) or (8) is payable to the Commonwealth (see subsection 99YBA(4) of the Act) unless the fee is waived under section 68 of this instrument.
Note 2: Part 6 deals with the payment of fees, including the time for payment (see paragraph 62(1)(b)).