Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:7_5
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 7 cl 5
Character Range: 130558–131323

5  After subsection 26A(1)
Insert:

 (1A) To avoid doubt, if:
 (a) an application is made for the listing of a medicine in relation to a person in accordance with section 23; and
 (b) the application is accompanied by the certificate required under subsection 26B(1); and
 (c) the other requirements in subsection (1) are met;
the Secretary must list the medicine under subsection (1) without inquiring into the correctness of the certificate.

 (1B) Civil proceedings do not lie against the Secretary (or a delegate of the Secretary) in respect of loss, damage or injury of any kind suffered by another person as a result of the Secretary (or the delegate) listing a medicine in relation to a person in reliance on a certificate required under subsection 26B(1).