Document ID: chunk:federal_register_of_legislation:C2024C00632:section:26bj:p1
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 26BJ (pt 1/2)
Character Range: 274935–277823

26BJ  Variation of determination under section 26BF—application by person

Application for recommendation to vary section 26BF determination
 (1) A person may apply to the Secretary for a recommendation that the Minister vary a determination under section 26BF.
 (2) An application under subsection (1) must:
 (a) be made in accordance with a form approved, in writing, by the Secretary; and
 (b) set out the recommendation sought; and
 (c) be delivered to an office of the Department specified in the form; and
 (d) be accompanied by the prescribed application fee (if any).

Limits on kinds of applications that can be made
 (3) A person cannot make an application under subsection (1) for a recommendation the effect of which would be for the determination to cover any of the following:
 (a) an indication specified in a determination under section 26BG;
 (b) an indication that is or contains a restricted representation (within the meaning of Part 5‑1);
 (c) unless subsection (4) applies—an indication that is or contains a prohibited representation (within the meaning of Part 5‑1);
 (d) unless subsection (5) applies—an indication that refers to preventing, curing or alleviating a disease, ailment, defect or injury.
 (4) For the purposes of paragraph (3)(c), this subsection applies if:
 (a) the indication is a therapeutic use that relates to sun protection; and
 (b) the prohibited representation relates to the prevention of skin cancer; and
 (c) the use of the prohibited representation is permitted under section 42DK.
 (5) For the purposes of paragraph (3)(d), this subsection applies if the indication refers to:
 (a) the prevention of a dietary deficiency; or
 (b) the prevention of skin cancer or sun damage.

Further information about application for recommendation
 (6) The Secretary may, by written notice given to a person who has made an application under subsection (1), require the person to:
 (a) give the Secretary such further information in connection with the application as is specified in the notice; and
 (b) do so within such reasonable time as is specified in the notice.

Lapsing of application for recommendation
 (7) An application made under subsection (1) lapses if:
 (a) the application contains information that is inaccurate or misleading in a material particular; or
 (b) information given to the Secretary by, or on behalf of, the applicant in connection with the application is inaccurate or misleading in a material particular.

Decision on application for recommendation
 (8) If:
 (a) an application is made under subsection (1); and
 (b) any applicable prescribed application fee has been paid; and
 (c) if further information is required to be given under subsection (6) within a specified time—the information is given within that time;
the Secretary must decide whether to make the recommendation or refuse to make the recommendation.