Exemptions from liability to pay charges
44A Exemptions from liability to pay charges
The regulations may make provision for and in relation to:
exempting a person from liability to pay annual registration charge, annual listing charge or annual charge for inclusion in the Register for a financial year (the current year) if the person’s turnover of the therapeutic goods concerned for the financial year specified in the regulations is of low value; and
the making of an application for an exemption and requiring payment of that charge for the current year if the application is refused; and
cancelling an exemption and requiring payment of that charge for the current year.
Fees
The regulations may require applications for exemptions to be accompanied by a specified fee. A fee must not be such as to amount to taxation.
Statements prepared by approved persons
The regulations may require a person who is applying for an exemption, or who has been granted an exemption, to provide a statement:
that is prepared by an approved person; and
that specifies whether the person’s turnover of the therapeutic goods concerned for the financial year concerned is of low value.
Additional information
The regulations may provide for the obtaining of additional information or documents from applicants for exemptions or persons granted exemptions.
Merits review
The regulations may provide for review by the Administrative Review Tribunal of decisions of the Secretary to refuse applications for exemptions or to cancel exemptions.
No limit on subsection (1)
Subsections (2) to (5) do not limit subsection (1).
Low value turnover
For the purposes of this section, the regulations may specify when a person’s turnover of therapeutic goods for a financial year is of low value. The regulations may specify different rules for different therapeutic goods.
Interpretation
This section does not limit paragraph 63(3)(b) (about the refund, reduction or waiving of fees or charges).
Definitions
In this section:
approved person means a person included in a class of persons specified in regulations made for the purposes of this definition.
turnover has the meaning prescribed by the regulations.
This provision refers to the regulations (The regulations may make
, specified in the regulations
, The regulations may require
). Made under this Act:
- Therapeutic Goods (Medical Devices) Regulations 2002 · under s 63
- Therapeutic Goods Regulations 1990 · under s 63
5 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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