Document ID: chunk:federal_register_of_legislation:C2024C00632:section:30:p4
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 30 (pt 4/4)
Character Range: 322506–324817

proposes to cancel the registration or listing of goods in relation to a person under subsection (2), the Secretary must:
 (a) inform the person in writing that the Secretary proposes to cancel that registration or listing and set out the reasons for that proposed action; and
 (b) give the person a reasonable opportunity to make submissions to the Secretary in relation to the proposed action.
 (4) Where a person makes submissions in accordance with paragraph (3)(b), the Secretary is not to make a decision relating to the cancellation until the Secretary has taken the submissions into account.
 (4A) The Secretary must, by notice in writing given to a person in relation to whom therapeutic goods are included in the Register, cancel the registration of the goods if the Secretary becomes aware that protected information was used when evaluating the goods for registration.
 (4B) The Secretary must, by notice in writing given to a person in relation to whom a medicine is listed under section 26AE, cancel the listing of the medicine if the Secretary becomes aware that restricted information was used when evaluating the medicine for listing.
 (4C) The Secretary must, by notice in writing given to a person in relation to whom therapeutic goods are included in the Register, cancel the registration or listing of the goods if the Secretary is satisfied that:
 (a) if there are one or more absolute prohibitions in force for the purposes of subsection 9K(1) or (3)—imports into Australia, exports from Australia or supplies in Australia of the goods would contravene one or more of those prohibitions; or
 (b) if there are one or more prohibitions in force for the purposes of subsection 9K(1) or (3) that are subject to conditions—imports into Australia, exports from Australia or supplies in Australia of the goods would contravene one or more of those conditions.
 (5) Where the Secretary cancels the registration or listing of goods in relation to a person, the goods cease to be registered or listed:
 (a) if the cancellation is effected under subsection (1), (1A), (1C), (1D) or (4C)—on the day on which the notice of cancellation is given to the person; or
 (b) in any other case—on the day specified in the notice, which must be at least 20 working days after the notice is given to the person.