Commonwealth Numbered Acts

HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT (No. 2) 1993 No. 76 of 1993 - SECT 52

52. Section 66 of the Principal Act is amended:

   (a)  by inserting after subsection (3) the following subsection:

"(3A) If, on an application under subsection (3), goods have been registered
without having been evaluated, the Secretary may, if he or she thinks it
appropriate, give the person in relation to whom the goods are registered
written notice that the goods are to be evaluated to determine whether they
should continue to be registered.";

   (b)  by inserting after subsection (4) the following subsections:

"(4A) In relation to an evaluation conducted for the purposes of this section:

   (a)  section 25 has effect as if:

        (i)    the person in respect of whom the goods are registered were an
               applicant for the registration of the goods; and

        (ii)   the reference in paragraph (1)(b) to an evaluation fee under
               section 24 were a reference to a fee payable under subsection
               (4) of this section; and

   (b)  sections 24A, 24B and 24C have effect as if any reference in those
        sections to section 24 were a reference to subsection (4) of this
        section; and

   (c)  sections 24D and 24E do not apply.

"(4B) If, on an application under subsection (3), goods have been listed
without consideration of the matters mentioned in paragraphs 26(1)(c) to (m),
the Secretary may, if he or she thinks it appropriate, give the person in
relation to whom the goods are listed written notice that the Secretary
intends to determine whether the goods should continue to be listed.

"(4C) If notice is given under subsection (4B), section 26 applies as if the
person in relation to whom the goods are listed were an applicant for the
listing of the goods.";

   (c)  by adding at the end the following subsection:

"(6) Where a person suffers any kind of loss, damage or injury caused by, or
arising out of, the use by the person of therapeutic goods to which this
section applies, no liability in respect of that loss, damage or injury
attaches to the Commonwealth, the Secretary or any delegate of the
Secretary.".