Document ID: chunk:federal_register_of_legislation:C2004A04631:body:0:p13
Version: federal_register_of_legislation:C2004A04631
Segment Type: other
Provision Reference: 
Character Range: 31289–34187

subparagraph (4)(b)(i) "premises" and substituting "manufacturing premises".

Publication of list of manufacturers etc.

45. Section 42 of the Principal Act is amended by omitting "premises" and substituting "manufacturing premises".

Entry and search of premises—evidence of offences

46. Section 47 of the Principal Act is amended by adding at the end the following subsections:

"(5) An authorised person may, before the end of the period mentioned in paragraph (2)(b), apply to a magistrate for an extension of that period.

"(6) A person who would be entitled to possession of the evidence if it had not been seized is entitled to make representations to the magistrate about the application.

"(7) The magistrate may extend the period if satisfied that it is necessary to do so in order that an authorised person may have a reasonable opportunity of completing the investigation of an offence against this Act.

  "(8) The period may not be extended:

  (a) after it has ended; or

  (b) so that it exceeds 2 years.

"(9) Where the period referred to in paragraph (2)(b) has been extended, a reference in subsection (5), (7) or (8) to that period is a reference to that period as extended.".

  47. After section 51 of the Principal Act the following section is inserted:

Searches at request of manufacturer

"51A.(1) A person may request the Secretary to arrange for an authorised person to inspect premises, and specified processes being carried out on those premises, for the purposes of paragraph 2 of Article 3 of the Mutual Recognition Convention.

"(2) An authorised person may make an inspection in accordance with arrangements under subsection (1).".

Offences

48. Section 54 of the Principal Act is amended by adding at the end the following subsection:

"(6) A prosecution in respect of an indictable offence against this Act may be commenced at any time within 2 years after the commission of the offence.".

Export certifications

49.(1) Section 58 of the Principal Act is amended by omitting paragraph (3)(a) and substituting the following paragraph:

  "(a) an application for a certification under this section; and".

(2) The amendment made by subsection (1) does not apply in relation to an application pending under section 58 of the Principal Act at the commencement of this Act.

Release of information

  50.(1) Section 61 of the Principal Act is amended:

    (a) by omitting from subsection (6) all words after "regulations" and substituting:

     "relating to:

      (a) therapeutic goods included in the Register; or

        (b) therapeutic goods in relation to which an application for registration or listing has been made.";

    (b) by omitting subsections (8A) and (8B) and substituting the following subsection:

    "(8A) Regulations prescribing fees in respect of applications for information under the regulations:

         (a) may include provision