Document ID: chunk:federal_register_of_legislation:C2007A00140:clause:1_4
Version: federal_register_of_legislation:C2007A00140
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 4660–5994

4                                                None of items 1, 2 and 3 applies                                                                                                                                                       The start of 4 October 2007

Note: 4 October 2007 is the fifth anniversary of the day Chapter 4 commenced.

 (2A) For the purposes of subsection (2), an application is finally determined at the first time both the following conditions are met:
 (a) a decision has been made under Part 4‑4 or 4‑5 whether or not to grant the conformity assessment certificate or include the kind of medical device in the Register (as appropriate);
 (b) there is no longer any possibility of a change in the outcome of the decision in terms of the grant (or not) of the conformity assessment certificate or the inclusion (or not) of the kind of medical device in the Register.
For the purposes of paragraph (b), ignore any possibility of a discretion being exercised, after the period has ended, to extend a period for seeking review by a tribunal or court of the decision or for starting other proceedings (including appeals) arising out of the application, the decision or the review.

Note: In certain circumstances a decision may be taken to have been made under Part 4‑4 or Part 4‑5. For example, see section 41EH.