Document ID: chunk:federal_register_of_legislation:C2018A00007:clause:2_23:p1
Version: federal_register_of_legislation:C2018A00007
Segment Type: clause
Provision Reference: sch 2 cl 23 (pt 1/2)
Character Range: 37508–40111

23  Transitional provisions

Scope of transitional provisions
(1) This item applies in relation to a medicine that is listed in relation to a person under section 26A of the Act immediately before the commencement of this Schedule.
(2)  This item also applies in relation to a medicine if:
 (a) a person has made an application under section 23 of the Act for the listing of the medicine before the commencement of this Schedule; and
 (b) the application has not been finally determined before that commencement; and
 (c) after that commencement, the Secretary lists the medicine in relation to the person under section 26A of the Act.
(3) This item also applies in relation to a medicine if the medicine:
 (a) was listed under section 26 of the Act before 11 June 1996; and
 (b) is, immediately before the commencement of this Schedule, listed goods; and
 (c) is not subject to a condition that it must not be supplied in Australia; and
 (d) is, is intended to be, or has been supplied in Australia.

Reapplying for listing of certain medicines to include permissible indications
(4) The person may, during the transition period, apply again in accordance with section 23 of the Act for the listing of the medicine in relation to the person under section 26A or 26AE of the Act.

Cancellation of listing if further application not made and listing not otherwise cancelled during transition period
(5) Subitem (6) applies if, during the transition period, one of the following events does not occur in relation to the medicine:
 (a) the medicine is listed in relation to the person under section 26A of the Act;
 (b) the medicine is listed in relation to the person under section 26AE of the Act;
 (c) the listing of the medicine is cancelled;
 (d) an application for the listing of the medicine in relation to the person under section 26AE of the Act that complies with section 23C of the Act has been made, but not yet decided.
(6) The listing of the medicine is cancelled, and the medicine ceases to be listed, by force of this subitem immediately after the end of the transition period.
(7) If:
 (a) during the transition period, an application for the listing of the medicine in relation to the person under section 26AE of the Act has been made; and
 (b) after the transition period, the application lapses;
the listing of the medicine is cancelled, and the medicine ceases to be listed, by force of this subitem immediately after the application lapses.
(8) Paragraph 26A(1)(e) of the Act does not apply to an application for the listing of a medicine under section 26A of the Act if the medicine