Document ID: chunk:federal_register_of_legislation:C2024A00050:clause:1_41rc
Version: federal_register_of_legislation:C2024A00050
Segment Type: clause
Provision Reference: sch 1 cl 41RC
Character Range: 41867–43861

41RC  Secretary may give consent
 (1) If:
 (a) a person (the applicant) has applied to the Secretary under section 41RB for consent to manufacture, supply or possess vaping goods; and
 (b) the applicant has complied with any requirements made by the Secretary under subsection 41RB(3) in relation to the application;
the Secretary must decide whether to give, or refuse to give, the consent.
 (2) The Secretary may give a consent under subsection (1):
 (a) unconditionally or subject to conditions; or
 (b) in respect of particular vaping goods or classes of vaping goods.
Note: A person may commit an offence or be liable to a civil penalty if the person does an act or omits to do an act and the act or omission breaches a condition of a consent given under subsection (1): see section 41RD.
 (2A) In making a decision under subsection (1), the Secretary must comply with the decision‑making principles (if any) determined under subsection (2B).
 (2B) The Minister may, by legislative instrument, determine principles (decision‑making principles) that the Secretary must comply with in making a decision under subsection (1).
 (2C) Without limiting subsection (2B), the decision‑making principles may set out any of the following:
 (a) circumstances in which a consent under subsection (1) must not be given;
 (b) matters that must be taken into account in making a decision under subsection (1);
 (c) matters that must not be taken into account in making a decision under subsection (1);
 (d) matters that may be taken into account in making a decision under subsection (1).
 (3) The Secretary must, as soon as practicable after making a decision to give a consent under subsection (1), cause particulars of the decision to be published on the Department's website.
 (4) If the Secretary decides to refuse to give a consent under subsection (1), the Secretary must, within 28 days after making the decision, notify the applicant in writing of the decision and the reasons for the decision.