Document ID: chunk:federal_register_of_legislation:C2024C00632:section:41:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 41 (pt 2/3)
Character Range: 598399–601088

manufacture in Australia of the goods to which the licence relates would contravene one or more of those prohibitions; or
 (gc) if there are one or more prohibitions in force for the purposes of subsection 9K(1) or (3) that are subject to conditions—the Secretary is satisfied that the manufacture in Australia of the goods to which the licence relates would contravene one or more of those conditions; or
 (h) any other circumstances prescribed by the regulations for the purposes of this paragraph exist.
 (1A) A reference in paragraph (1)(a) to a person convicted of an offence includes a reference to a person in respect of whom an order has been made relating to the offence under:
 (a) section 19B of the Crimes Act 1914; or
 (b) a corresponding provision of a law of a State or Territory.
Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.
 (1B) Paragraph (1)(a) does not limit paragraph (1)(h).
 (1C) In paragraph (1)(a):
manufacturing licence means:
 (a) a licence granted under this Part; or
 (b) a licence, granted under a law of a State or Territory relating to therapeutic goods, relating to manufacturing therapeutic goods.
 (2) Where the Secretary proposes to revoke a licence or suspend a licence otherwise than at the request of the holder of the licence, the Secretary must, unless the Secretary considers that failure to revoke or suspend the licence immediately would create an imminent risk of death, serious illness or serious injury:
 (a) by notice in writing given to the holder, inform the holder of the action that the Secretary proposes to take and of the reasons for that proposed action; and
 (b) except where the proposed action is to be taken as a result of a failure to pay the annual licensing charge or an applicable prescribed inspection fee—give the holder an opportunity to make, within such reasonable time as is specified in the notice, submissions to the Secretary in relation to the proposed action.
 (3) Where the holder makes submissions in accordance with paragraph (2)(b), the Secretary is not to make a decision relating to the revocation or suspension of the licence before taking into account the submissions.
 (4) A licence may be revoked notwithstanding that the licence is suspended.
 (5) Where a licence is suspended, the Secretary may, by notice in writing given to the holder of the licence, revoke the suspension.
 (6) Where the Secretary revokes or suspends a licence, the Secretary must cause particulars of the decision to be published in the Gazette or on the Department's website as soon as is practicable after