32Secretary’s decision about cessation of all MSO activities in relation to MSO product

32 Secretary’s decision about cessation of all MSO activities in relation to MSO product

(1) If an entity gives a notice in accordance with section 31, and any further information as required under section 78, the Secretary must decide whether or not the Secretary is satisfied that the entity has permanently or indefinitely ceased undertaking all MSO activities in relation to the product.

(2) The Secretary must take all reasonable steps to make the decision within 30 days of being given the notice and must make the decision within 45 days of being given the notice. (3) The Secretary must give the entity written notice of: (a) the Secretary’s decision under subsection (1); and (b) if the Secretary is satisfied as mentioned in that subsection—the date that the Secretary is satisfied that the entity permanently or indefinitely ceased undertaking all MSO activities in relation to the product, which can be earlier than the day the notice is given.

Note: A decision that the Secretary is not satisfied as mentioned in subsection (1) is a reviewable decision and reasons and notice of review rights must be given (see sections 72 and 73).

(4) The Secretary is taken to have decided that the Secretary is not satisfied as mentioned in subsection (1) if the Secretary has not notified the entity of a decision before the end of the 45 days mentioned in subsection (2).