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COMMONWEALTHAct
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s 57

Requirement for registrant to give product—determining whether model complies with GEMS determination

In force
Part 5Registering models of GEMS products
Division 7Requirements for registrants
Subdivision CGiving product of registered model to GEMS Regulator

57 Requirement for registrant to give product—determining whether model complies with GEMS determination

Giving product of registered model

(1)

The GEMS Regulator may give the registrant for a registration of a model in relation to a product class a written notice requiring the registrant to give a product of that model to a specified GEMS inspector.

(2)

The power under subsection (1) may only be exercised:

(a)

for the purpose of determining whether the model complies with the GEMS determination against which the model is registered; and

(b)

if the GEMS Regulator is satisfied that it would not be practical for a GEMS inspector or person authorised to test GEMS products in that product class to purchase the product.

Matters to be included in notice

(3)

A notice under subsection (1) must also specify the following matters:

(a)

the day on which the notice is given;

(b)

the name of the registrant;

(c)

the model of the GEMS product;

(d)

the manner in which the GEMS product is to be provided;

(e)

that the product must be given within 14 days after the notice is given, or within such longer period as is specified in the notice;

(f)

that the GEMS Regulator may suspend the registration under section 49, or cancel the registration under section 54, if the registrant does not comply with the notice.

(4)

A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

Notice not a legislative instrument

(5)

A notice under subsection (1) is not a legislative instrument.

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