sec.115Effect and duration of emerging risk declaration

sec.115 Effect and duration of emerging risk declaration

The emerging risk declaration takes effect— when the declaration is published on the department’s website; or if the declaration states a later day it takes effect—on the later day. Section 128 states the process for applying for compensation for an emerging risk declaration. Unless it is sooner revoked, the emerging risk declaration continues in effect until the earliest of the following days— if the declaration states a day on which it ends—the stated day; the day the substance stated in the declaration becomes a regulated substance; if the declaration relates to a device—the day the device is registered as a medical device under the Therapeutic Goods Act 1989 (Cwlth) ; the day that is 3 months after the day the declaration takes effect. If a provision of this Act or a decision made under this Act is inconsistent with the emerging risk declaration, the declaration prevails to the extent of the inconsistency. (sec.115-ssec.1) The emerging risk declaration takes effect— when the declaration is published on the department’s website; or if the declaration states a later day it takes effect—on the later day. Section 128 states the process for applying for compensation for an emerging risk declaration. (sec.115-ssec.2) Unless it is sooner revoked, the emerging risk declaration continues in effect until the earliest of the following days— if the declaration states a day on which it ends—the stated day; the day the substance stated in the declaration becomes a regulated substance; if the declaration relates to a device—the day the device is registered as a medical device under the Therapeutic Goods Act 1989 (Cwlth) ; the day that is 3 months after the day the declaration takes effect. (sec.115-ssec.3) If a provision of this Act or a decision made under this Act is inconsistent with the emerging risk declaration, the declaration prevails to the extent of the inconsistency.

• (a) when the declaration is published on the department’s website; or
• (b) if the declaration states a later day it takes effect—on the later day.
• (a) if the declaration states a day on which it ends—the stated day;
• (b) the day the substance stated in the declaration becomes a regulated substance;
• (c) if the declaration relates to a device—the day the device is registered as a medical device under the Therapeutic Goods Act 1989 (Cwlth) ;
• (d) the day that is 3 months after the day the declaration takes effect.