THERAPEUTIC GOODS ACT 1989 - SECT 41GD Revocation of suspension

THERAPEUTIC GOODS ACT 1989 - SECT 41GD

  (1)   The Secretary must revoke the suspension if the Secretary is satisfied that:

  (a)   the ground on which the kind of medical device concerned was suspended from the Register no longer applies; and

  (b)   there are no other grounds for suspending the kind of device from the Register.

  (2)   The Secretary's power to revoke the suspension may be exercised:

  (a)   if the person in relation to whom the kind of medical device concerned is included in the Register applies in writing to the Secretary; or

  (b)   on the Secretary's own initiative.

  (3)   After revoking the suspension, the Secretary must:

  (a)   within 20 working days after the revocation, give written notice of the revocation to the person in relation to whom the kind of medical device concerned is included in the Register; and

  (b)   as soon as practicable after the revocation, cause to be published in the Gazette or on the Department's website a notice setting out particulars of the revocation.

  (4)   If the Secretary decides, after an application is made under paragraph   (2)(a), not to revoke the suspension, the Secretary must:

  (a)   notify the applicant in writing of his or her decision within 20 working days after the decision is made; and

  (b)   state in the notice the reasons for the decision.