26ADLapsing and deemed refusal of applications for listing of medicine under section 26AE

#### 26AD Lapsing and deemed refusal of applications for listing of medicine under section 26AE Lapsing of applications (1) An application for the listing of a medicine under section 26AE lapses if: (a) any part of the evaluation fee referred to in section 26AC remains unpaid at the end of 28 days after the day on which the amount became due and payable; or (b) the application contains information that is inaccurate or misleading in a material particular; or (c) information given to the Secretary by, or on behalf of, the applicant in connection with the application is inaccurate or misleading in a material particular. Deemed refusal of applications (2) If: (a) regulations made for the purposes of paragraph 63(2)(daaaa) prescribe a period within which evaluations under section 26AE in relation to the medicine must be completed; and (b) at the end of that period, the evaluation has not been completed; the applicant may give the Secretary written notice that the applicant wishes to treat the application as having been refused. (3) A notice under subsection (2) may be given at any time before the evaluation is completed. (4) If a notice has been given, this Act (except subsection 60(5)) has effect as if: (a) the Secretary had decided not to list the medicine which is the subject of the application; and (b) the Minister had made a decision under subsection 60(3) confirming the decision of the Secretary; and (c) the Minister’s decision had been made on the day on which notice was given to the Secretary under subsection (2).