(1) This regulation applies if, before the commencement of Schedule 5 to the Therapeutic Goods Amendment (2016 Measures No. 1) Act 2017 :
(a) an application had been made under subsection 26BD(1) of the Act (as in force immediately before that commencement) for a variation of a determination under subsection 26BB(1) of the Act; and
(b) no decision had been made in relation to the application; and
(c) the evaluation fee prescribed by item 7C or 7D, as the case may be, of the table in clause 3 of Schedule 9 (as in force immediately before that commencement) in relation to the application had not been paid.
(2) Despite the amendments made by Schedule 3 to the 2017 Amendment Regulations, the evaluation fee prescribed by item 7C or 7D, as the case may be, of the table in clause 3 of Schedule 9 (as in force immediately before the commencement of Schedule 5 to the Therapeutic Goods Amendment (2016 Measures No. 1) Act 2017 ) continues to apply in relation to the application.