Document ID: chunk:federal_register_of_legislation:C2004A04631:body:0:p15
Version: federal_register_of_legislation:C2004A04631
Segment Type: other
Provision Reference: 
Character Range: 36608–39125

give the person in relation to whom the goods are registered written notice that the goods are to be evaluated to determine whether they should continue to be registered.";

  (b) by inserting after subsection (4) the following subsections:

     "(4A) In relation to an evaluation conducted for the purposes of this section:

      (a) section 25 has effect as if:

             (i) the person in respect of whom the goods are registered were an applicant for the registration of the goods; and

             (ii) the reference in paragraph (1)(b) to an evaluation fee under section 24 were a reference to a fee payable under subsection (4) of this section; and

        (b) sections 24A, 24B and 24C have effect as if any reference in those sections to section 24 were a reference to subsection (4) of this section; and

      (c) sections 24D and 24E do not apply.

    "(4B) If, on an application under subsection (3), goods have been listed without consideration of the matters mentioned in paragraphs 26(1)(c) to (m), the Secretary may, if he or she thinks it appropriate, give the person in relation to whom the goods are listed written notice that the Secretary intends to determine whether the goods should continue to be listed.

    "(4C) If notice is given under subsection (4B), section 26 applies as if the person in relation to whom the goods are listed were an applicant for the listing of the goods.";

  (c) by adding at the end the following subsection:

    "(6) Where a person suffers any kind of loss, damage or injury caused by, or arising out of, the use by the person of therapeutic goods to which this section applies, no liability in respect of that loss, damage or injury attaches to the Commonwealth, the Secretary or any delegate of the Secretary.".

NOTES

  1. No. 129, 1986, as amended. For previous amendments, see Nos. 80 and 99, 1988; No. 141, 1990; Nos. 70 and 73, 1991; and No. 88, 1992.

  2. No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos. 24, 65, 70, 95 and 167, 1985; Nos. 28, 75 and 94, 1986; Nos. 44, 131, 132 and 141, 1987; Nos. 85, 99 and 155, 1988; Nos. 59, 84, 95 and 164, 1989; Nos. 3, 106 and 141, 1990; Nos. 6, 57, 68, 70, 73, 84, 116, 141, 171, 172, 175, 190, 193 and 211, 1991; Nos. 136, 192, 204, 226, 229