Commonwealth Numbered Acts

HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT (No. 2) 1993 No. 76 of 1993 - SECT 50

50.(1) Section 61 of the Principal Act is amended:
(a) by omitting from subsection (6) all words after "regulations" and
substituting:

"relating to:

   (a)  therapeutic goods included in the Register; or

   (b)  therapeutic goods in relation to which an application for registration
        or listing has been made.";

   (b)  by omitting subsections (8A) and (8B) and substituting the following
        subsection:

"(8A) Regulations prescribing fees in respect of applications for information
under the regulations:

   (a)  may include provision for the payment of deposits on account of such
        fees; and

   (b)  may provide for fees that take into account the time spent by officers
        of the Department in:

        (i)    searching for or retrieving information; or

        (ii)   making, or doing anything related to the making of, a decision
               on an application; and

   (c)  may provide for fees that take into account the direct costs incurred
        by the Commonwealth in making available an officer to supervise the
        inspection by an applicant of any document containing information to
        which an application relates.";

   (c)  by omitting from subsection (8C) "in accordance with regulations made
        for the purposes of subsection (8A)," and substituting "under the
        regulations,";

   (d)  by omitting subsection (10) and substituting the following
        subsections:

"(10) Nothing in this or any other Act requires the Secretary to disclose to
any person, court or tribunal information referred to in subsection 25(2E) or
26(2D) if the disclosure would constitute a breach of the Mutual Recognition
Convention.

"(11) This section (except subsection (10)) has effect subject to the
Freedom of Information Act 1982.".

(2) Regulations in force for the purposes of subsection 61(8A) of the
Principal Act immediately before the commencement of this section have effect
after that commencement as if they had been made for the purposes of paragraph
63(2)(h) of the Principal Act as amended by this Act.