Customs Act 1901

PART XB - CONTROLLED TRIALS  

Division 3 - Participation in controlled trials  

SECTION 179E   APPROVAL OF PARTICIPATION IN CONTROLLED TRIALS  

179E(1)    
The Comptroller-General of Customs may, in writing, approve an entity ' s participation in a controlled trial if:

(a)    either:

(i) the entity makes an application to participate in that trial in accordance with section 179F ; or

(ii) the Comptroller-General of Customs invites, in writing, the entity to participate in that trial and the entity makes an election to participate in that trial in accordance with section 179G ; and

(b)    the Comptroller-General of Customs is satisfied that the entity meets the qualification criteria (if any) determined in an instrument under section 179K ; and

(c)    the Comptroller-General of Customs is satisfied that the entity meets the eligibility criteria (if any) specified in the rules in relation to that trial.

Note:

Section 179F deals with making applications and section 179G deals with making elections.

179E(2)    
In deciding whether to approve an entity ' s participation in a controlled trial, the Comptroller-General of Customs must consider:

(a)    any matter specified in the rules under paragraph 179L(3)(b) in relation to that trial; and

(b)    any other matter that the Comptroller-General of Customs considers relevant.

Period for which approval is in force

179E(3)    
An approval under subsection (1) must specify the period for which it is in force.

Note:

See section 179J for variation, suspension or revocation of an approval.

Copy of approval to be given to entity

179E(4)    
The Comptroller-General of Customs must give a copy of an approval under subsection (1) to the entity.

Notification of refusal to approve entity ' s participation in controlled trial

179E(5)    
If an entity makes an application or election to participate in a controlled trial and the Comptroller-General of Customs refuses to approve the entity ' s participation in the trial, the Comptroller-General of Customs must notify the entity of the refusal and of the reasons for the refusal.

Approval not a legislative instrument

179E(6)    
An approval under subsection (1) is not a legislative instrument.