Commonwealth Consolidated Regulations

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THERAPEUTIC GOODS (MEDICAL DEVICES) REGULATIONS 2002 - REG 4.3

Time for making decision on applications (Act s 41ED, s 63(2)(dc))

  (1)   This regulation applies to an application for the issue of a conformity assessment certificate in respect of a kind of medical device if, in considering the application, the Secretary is required to examine the design of the device.

  (2)   The Secretary must make a decision on the application within 255 working days after the application is received at an office of the Department specified by the Secretary.

  (3)   For subregulation   (2), a working day that occurs in any of the following periods is to be disregarded:

  (a)   if the Secretary sends a query, or a request for information, to the applicant or sponsor--the period beginning on the day when the query or request is sent and ending at the end of the day when the Secretary receives from the applicant or sponsor a response that enables the Secretary to proceed with the assessment;

  (b)   if an appeal is lodged in relation to the application--the period beginning on the day when the appeal is lodged and ending at the end of the day when the appeal is finally determined;

  (c)   any other period in relation to which the applicant or sponsor agrees in writing for the purposes of this subregulation.


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