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THERAPEUTIC GOODS REGULATIONS 1990 - REG 43AAE

Exemption from liability to pay certain annual charges--late notice that turnover was of low value

  (1)   This regulation applies if a person would have been exempt from liability to pay an annual registration charge, annual listing charge or annual charge for inclusion in the Register in respect of therapeutic goods for a financial year commencing on or after 1   July 2015 (the relevant financial year ), except that the person did not give the Secretary a declaration, or declarations, relating to the person's turnover of the goods in accordance with whichever of regulation   43AAC or 43AAD was applicable.

  (2)   The person may, on or before 15   September in the next financial year, give the Secretary, in writing:

  (a)   a notice stating the reasons why the person was not able to give the Secretary the declaration, or declarations, in accordance with whichever of regulation   43AAC or 43AAD was applicable for the relevant financial year; and

  (b)   a declaration stating that the person's turnover of the goods for the relevant financial year was of low value; and

  (c)   if the relevant financial year is the year commencing on 1   July 2015--a declaration in accordance with whichever of paragraph   43AAC(3)(d), (4)(d), (5)(d), (5A)(e) or (5B)(e) was applicable.

Note:   A person may commit an offence if the person provides false or misleading information or documents (see sections   137.1 and 137.2 of the Criminal Code ).

  (3)   The documents given under subregulation   (2) must be accompanied by the fee payable.

  (4)   The person is exempt from liability to pay the charge for the relevant financial year if the person gives the Secretary, on or before 15   September in the next financial year:

  (a)   the notice referred to in paragraph   (2)(a); and

  (b)   the declaration referred to in paragraph   (2)(b); and

  (c)   if the relevant financial year is the year commencing on 1   July 2015--the declaration referred to in paragraph   (2)(c); and

  (d)   the fee referred to in subregulation   (3).

  (5)   If the person is exempt from liability to pay the charge for the relevant financial year under subregulation   (4), the Secretary must give the person a written notice stating that the person is exempt from liability to pay the charge for the relevant financial year.

  (6)   If the person gives the Secretary documents other than in accordance with subregulation   (2), or the documents were not accompanied by the fee referred to in subregulation   (3), the Secretary must give the person a written notice that:

  (a)   states that the person is liable to pay the charge for the relevant financial year; and

  (b)   states the reason why the person is not exempt from liability to pay the charge for the relevant financial year, being whichever of the following is applicable in the circumstances:

  (i)   the person did not give the documents to the Secretary by the required date;

  (ii)   one or more of the documents given was not in accordance with paragraph   (2)(a) or (b) or, if applicable, paragraph   (2)(c);

  (iii)   the documents were not accompanied by the correct fee; and

  (c)   specifies the date on which the charge for the relevant financial year becomes payable.


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