Commonwealth Numbered Regulations

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THERAPEUTIC GOODS (MEDICAL DEVICES) REGULATIONS 2002 2002 No. 236 - 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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