Document ID: chunk:federal_register_of_legislation:F2025C00021:reg:2:p17
Version: federal_register_of_legislation:F2025C00021
Segment Type: reg
Provision Reference: reg 2 (pt 17/40)
Character Range: 78876–81988

1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.
 (5) Nothing in this regulation affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
 (6) Subregulation (2) and paragraph (3)(a) do not limit paragraph (3)(b).

4A.7  Procedure following decisions to make determinations
 (1) This regulation applies if the Secretary decides under subregulation 4A.6(1) to make a conformity assessment body determination in respect of an Australian corporation.
 (2) The Secretary must notify the Australian corporation within 20 working days.
 (3) When all conformity assessment body determination assessment fees that are due and payable for the application have been paid, the Secretary must:
 (a) make the determination, including specifying:
 (i) the scope of the determination in accordance with subregulation (4); and
 (ii) the commencement and duration of the determination in accordance with regulation 4A.8; and
 (b) give it to the corporation.
 (4) The conformity assessment body determination must specify whether it:
 (a) is of general application; or
 (b) is limited to either or both of the following:
 (i) one or more specified medical devices;
 (ii) one or more specified conformity assessment procedures.
 (5) The conformity assessment body determination may specify conditions to which it is subject.
Note: See regulation 4A.19.

4A.8  Duration of determinations
 (1) A conformity assessment body determination commences on the day specified for the purpose in the determination under subparagraph 4A.7(3)(a)(ii).
 (2) A conformity assessment body determination has effect at all times:
 (a) unless the determination is suspended under Division 4A.4; or
 (b) until the end of the period specified in the determination under subparagraph 4A.7(3)(a)(ii); or
 (c) until the determination is revoked under Division 4A.5.
 (3) The period specified in the determination as mentioned in paragraph (2)(b) must be 5 years or less, starting on the day the determination commences.

4A.9  Procedure following decisions not to make determinations
 (1) This regulation applies if the Secretary decides under subregulation 4A.6(1) not to make a conformity assessment body determination in respect of an Australian corporation.
 (2) The Secretary must notify the Australian corporation within 20 working days.
 (3) The notice must state the reasons for the decision.

Division 4A.3—Conditions on conformity assessment body determinations

Subdivision A—Automatic conditions on determinations

4A.10  Automatic conditions on determinations
  A conformity assessment body determination is subject to the conditions set out in this Subdivision.
Note: See sections 41MN and 41MNA of the Act for offences and civil penalty provisions that apply to breaching a condition of a conformity assessment body determination.

4A.11  Conditions—requirements of