Document ID: chunk:federal_register_of_legislation:C2010A00054:clause:1_32ga
Version: federal_register_of_legislation:C2010A00054
Segment Type: clause
Provision Reference: sch 1 cl 32GA
Character Range: 116806–118842

32GA  Immediate cancellation of biological from the Register in various circumstances
 (1) The Secretary may, by written notice given to the person in relation to whom a biological is included in the Register, cancel the entry of the biological from the Register if:
 (a) the Secretary is satisfied that there would be an imminent risk of death, serious illness or serious injury if the biological continued to be included in the Register; or
 (b) the biological ceases to be a biological or the biological becomes covered by an order under section 7 declaring goods not to be therapeutic goods; or
 (c) the person is exempt under subsection 32CA(1) in relation to the biological or the biological is exempt under subsection 32CA(2); or
 (d) the person requests in writing the cancellation of the entry of the biological from the Register; or
 (e) the biological contains substances that are prohibited imports for the purposes of the Customs Act 1901; or
 (f) the Secretary is satisfied that a statement made in, or in connection with, the application for including the biological in the Register was false or misleading in a material particular; or
 (g) the annual charge payable under the Therapeutic Goods (Charges) Act 1989 in respect of the inclusion of the biological in the Register is not paid within 28 days after it becomes payable; or
 (h) the person has failed to comply with a condition mentioned in subsection 32EA(1) or (3); or
 (i) both of the following apply:
 (i) under the regulations, an authority constituted by or under the regulations gives a direction to, or makes a requirement of, the person in relation to an advertisement of the biological to ensure that advertising complies with the Therapeutic Goods Advertising Code;
 (ii) the person does not comply with the direction or requirement; or
 (j) there is a breach, involving the biological, of the requirements relating to advertising applicable under Part 5‑1 or under the regulations.
 (2) A notice under subsection (1) is not a legislative instrument.