is a body corporate with perpetual succession; and

is to have a common seal; and

may sue and be sued in its corporate name.

to ensure the proper, efficient and effective performance of the APVMA’s functions; and

to determine objectives, strategies and policies to be followed by the APVMA; and

to do anything incidental to or conducive to the performance of the functions referred to in paragraph (a) or (b).

financial management;

law;

risk management;

public sector governance;

science (including agricultural science and veterinary science);

public health or occupational health and safety.

during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or

during any period, or during all periods, when the Chair:

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

Acting as an appointed Board member (except the Chair)

during a vacancy in the office of an appointed Board member (except the Chair), whether or not an appointment has previously been made to the office; or

during any period, or during all periods, when an appointed Board member (except the Chair):

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

may convene a meeting at any time; and

must convene at least 4 meetings each calendar year; and

must convene a meeting within 30 days after receiving a written request to do so from another Board member.

(a) a Board member is required by rules made for the purposes of Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; andsection 29 of the

when the Board member leaves the meeting concerned there is no longer a quorum present;

the remaining Board members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.

without meeting, a majority of the Board members entitled to vote on the proposed decision indicate agreement with the decision; and

that agreement is indicated in accordance with the method determined by the Board under subsection (2); and

all the Board members were informed of the proposed decision, or reasonable efforts were made to inform all the Board members of the proposed decision.

has determined that it may make decisions of that kind without meeting; and

has determined the method by which Board members are to indicate agreement with proposed decisions.

the Minister has given the Board a written notice stating that the Minister is considering giving the direction; and

the Minister has given the Board an adequate opportunity to discuss with the Minister the need for the proposed direction.

the committee’s terms of reference; and

the terms and conditions of appointment of the members of the committee; and

the procedures to be followed by the committee.

the manner in which a committee is to perform its functions; and

the procedure to be followed at or in relation to the meetings of a committee, including matters with respect to:

the convening of meetings; and

the number of members of the committee who are to form a quorum; and

the selection of a member of the committee to be the Chairperson of the committee; and

the manner in which questions arising at a meeting are to be decided.

be present during any deliberation of the committee with respect to that matter; or

take part in any decision of the committee with respect to that matter.

is a member of the Parliament of a State; or

is a candidate for election to the Parliament of a State and, under the law of the State, would not be eligible to be elected as a member of that Parliament if the person were entitled to remuneration or allowances under this Act; or

is in service or employment of a State, or of an authority of a State, on a full-time basis; or

holds or performs the duties of an office or position established by or under a law of a State on a full-time basis;

the person must not be paid remuneration or allowances under this Act, but is to be reimbursed the expenses that the person reasonably incurs in performing duties under this Act.

in relation to the Australian Capital Territory—means the Legislative Assembly for the Australian Capital Territory; or

in relation to the Northern Territory—means the Legislative Assembly of the Northern Territory.

State includes the Australian Capital Territory and the Northern Territory.

such money as is appropriated by the Parliament for the purposes of the APVMA; and

fees received by the Commonwealth under this Act, the Agvet Codes or the Agvet Regulations; and

any amounts of levy, late payment penalty or understatement penalty paid to the Commonwealth under any Act providing for the collection of a levy imposed in respect of the disposal of chemical products; and

any amounts paid by a State or a participating Territory to the Commonwealth for the purposes of the APVMA.

in payment or discharge of the costs, expenses and other obligations incurred by the APVMA in the performance of its functions and the exercise of its powers; and

in payment of any remuneration or allowances payable under this Act; and

in making any other payments that the APVMA is authorised or required to make by or under any law of the Commonwealth, a State or a Territory that confers functions or powers on the APVMA.

import into Australia:

an active constituent for a proposed or existing chemical product that is neither an approved active constituent nor an exempt active constituent; or

a chemical product that is not a registered chemical product, a reserved chemical product or an exempt chemical product; or

arrange for the importation into Australia, on behalf of another person who, at the time of the arrangements, is neither a resident of, nor carrying on business in, Australia, of such an active constituent or chemical product.

(1AA) A person commits an offence if the person contravenes subsection (1).

the importation of an active constituent for a proposed or existing chemical product, or of a chemical product, is prohibited under subsection (1); and

(b) the APVMA notifies the Comptroller-General of Customs (within the meaning of the Customs Act 1901) in writing that the APVMA wishes the Customs Act 1901 to apply to that importation;

the Customs Act 1901 has effect as if the constituent or product included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.

Subdivision B—Provision of information

information about the import of the constituent or product into Australia;

information about the manufacture or use of the constituent or product in Australia;

information about other dealings with the constituent or product in Australia;

information about the export of the constituent or product from Australia.

a constituent or product that is the subject of an international agreement or arrangement that has not entered into force for Australia;

a constituent or product that is the subject of consideration:

by an international organisation, or by an organ of or a body established by an international organisation, or by Australia together with any other country; and

in relation to an international agreement or arrangement (including one that has not entered into force for Australia) or in relation to negotiations for an international agreement or arrangement.

Regulations may prescribe information about import etc. of such constituents or products

information about the import of the constituent or product into Australia;

information about the manufacture or use of the constituent or product in Australia;

information about other dealings with the constituent or product in Australia;

information about the export of the constituent or product from Australia.

Constitutional basis for this section

the manufacture or use of, or other dealings with, the constituent or product in Australia by trading corporations formed within the limits of the Commonwealth, or foreign corporations, within the meaning of paragraph 51(xx) of the Constitution;

the manufacture or use of, or other dealings with, the constituent or product in Australia for supply in the course of trade and commerce:

with other countries; or

among the States; or

within a Territory; or

between a State and a Territory or between 2 Territories;

the manufacture or use of, or other dealings with, the constituent or product in Australia for supply to, or to an authority or instrumentality of, the Commonwealth or a Territory;

the manufacture or use of, or other dealings with, the constituent or product in a Territory.

A person must provide prescribed information about prescribed constituents or products

the movements into or out of Australia of an active constituent or chemical product prescribed in regulations made under section 69CA or 69CB;

the manufacture or use of such a constituent or product in Australia;

any other dealing with such a constituent or product in Australia.

the terms of any relevant international agreement or arrangement; and

the interest of any person in maintaining confidentiality in relation to movements, manufacture or use of, or other dealings with, the constituent or product.

the person is required to provide information under section 69CA or 69CB; and

the person fails to provide the information under that section.

the person is required to provide information under section 69CA or 69CB; and

the person fails to provide the information under that section.

the person provides information (whether orally or in writing) to a relevant agency under section 69CA or 69CB; and

the person knows that the information is false or misleading in a material particular; and

the information is provided:

without the person indicating to the agency that it is false or misleading; and

without the person indicating how it is false or misleading; and

without the person providing to the agency correct information that the person possesses or can reasonably acquire.

the import of the constituent or product into Australia;

the manufacture or use of the constituent or product in Australia;

any other dealing with the constituent or product in Australia;

the export of the constituent or product from Australia.

The prohibition may be either absolute or subject to such conditions or restrictions as are prescribed.

Requirements for making regulations

(a) a relevant agency has published in the Gazette, and in any other manner that it thinks appropriate, a notice:

identifying the agreement or arrangement; and

listing the name or names by which the constituent or product is known to the public; and

a period of 30 days has elapsed since the notice was published.

give written notice of its refusal to the person who applied for the certificate; and

include in the notice the reasons for the refusal.

(1AA) The APVMA may, on its own initiative, reconsider a decision of the APVMA to refuse to give a certificate under subsection (1).

(1AB) If the APVMA reconsiders the decision, it must:

confirm the decision; or

set aside the decision and give the certificate.

(1AC) The APVMA must give notice of a thing done under subsection (1AB) to the person who applied for the certificate.

(a) subject to the Administrative Review Tribunal Act 2024, application may be made by or on behalf of a person whose interests are affected by the decision to which the notice relates to the Administrative Review Tribunal for review of the decision; and

a person whose interests are affected by the decision may, under section 268 of that Act, request a statement of reasons for the decision.

in respect of which an application for registration has been refused; or

the registration of which has been suspended or cancelled; or

the registration of which is subject to conditions significantly limiting the use of the product;

is proposed to be exported to a foreign country, the APVMA may, on its own initiative, tell a body established in that country and having functions similar to its own functions that the application has been so refused, that the registration has been so suspended or cancelled or that the registration of the product has been made subject to those conditions, as the case may be, and the reasons for that refusal, suspension, cancellation or imposition of conditions.

Subdivision E—Miscellaneous

keep any records relating to the importation, manufacture or exportation that are reasonably necessary to enable the APVMA to find out whether sections 69B and 69C have been complied with; and

retain those records for 6 years.

(1AA) A person commits an offence of strict liability if the person contravenes subsection (1).

(1AB) Subsection (1) is a civil penalty provision.

Records relating to import etc. of chemical products prescribed under section 69CA, 69CB or 69C

keep any records relating to the import, manufacture, use, dealing or export that are reasonably necessary to enable the Department to find out whether those sections have been complied with; and

retain those records for 6 years.

enter any premises; and

exercise the monitoring powers.

the premises are used for commercial purposes in relation to active constituents or chemical products, in addition to residential purposes; and

paragraph (3)(a) or (b) is satisfied.

the occupier of the premises has consented to the entry and the inspector has shown his or her identity card if required by the occupier; or

the entry is made under a monitoring warrant.

the power to search the premises and any thing on the premises;

the power to examine or observe any activity conducted on the premises;

the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;

the power to make any still or moving image or any recording of the premises or any thing on the premises;

the power to inspect any document on the premises;

the power to take extracts from, or make copies of, any such document;

the power to take and keep samples of any thing on the premises;

the power to open any container at the premises for the purpose of inspecting, or taking a sample of, its contents provided that the container is resealed after the inspection is made or the sample is taken;

the power to give directions for dealing with a container, or a label on a container, that has been opened or sampled in accordance with paragraph (h);

the power to destroy or make harmless, or give directions for the destruction or making harmless of, a chemical product at the premises;

the power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;

the powers set out in subsections 69EAD(1) and (3) and 69EAE(1).

operate electronic equipment on the premises; and

use a disk, tape or other storage device that:

is on the premises; and

can be used with the equipment or is associated with it.

the power to operate electronic equipment on the premises to put the relevant data in documentary form and remove the documents so produced from the premises;

the power to operate electronic equipment on the premises to transfer the relevant data to a disk, tape or other storage device that:

is brought to the premises for the exercise of the power; or

is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;

and remove the disk, tape or other storage device from the premises.

the thing is found during the exercise of monitoring powers on the premises; and

an inspector believes on reasonable grounds that the thing affords evidence of one or more of the following:

the commission of an offence against this Act or the Collection Act;

the contravention of a civil penalty provision;

(iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act; and

the inspector believes on reasonable grounds that:

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and

it is necessary to secure the thing without a warrant because the circumstances are serious and urgent.

The thing may be secured by locking it up, placing a guard or any other means.

may enter the premises; and

may exercise powers and perform functions and duties under this Part for the purposes of assisting the inspector to determine whether:

this Act, or the Collection Act, has been, or is being, complied with; or

information provided under this Act, or the Collection Act, is correct; or

levy is payable under the Collection Act; and

must do so in accordance with a direction given to the person assisting by the inspector.

this Act, or the Collection Act, has been, or is being, complied with; or

information provided under this Act, or the Collection Act, is correct; or

levy is payable under the Collection Act.

the operation of this Act or the Collection Act; or

the information.

the operation of this Act or the Collection Act; or

the information.

Offence

the person is subject to a requirement under subsection (3); and

the person fails to comply with the requirement.

enter the premises; and

exercise the investigation powers.

the premises are used for commercial purposes in relation to active constituents or chemical products, in addition to residential purposes; and

paragraph (3)(a) or (b) is satisfied.

the occupier of the premises has consented to the entry and the inspector has shown his or her identity card if required by the occupier; or

the entry is made under an investigation warrant.

if entry to the premises is with the occupier’s consent—the power to search the premises and any thing on the premises for the evidential material the inspector has reasonable grounds for suspecting may be on the premises;

if entry to the premises is under an investigation warrant:

the power to search the premises and any thing on the premises for the kind of evidential material specified in the warrant; and

the power to seize evidential material of that kind if the inspector finds it on the premises;

the power to inspect, examine, take measurements of, and conduct tests on evidential material referred to in paragraph (a) or (b);

the power to make any still or moving image or any recording of the premises or evidential material referred to in paragraph (a) or (b);

the power to inspect any document on the premises;

the power to take extracts from, or make copies of, any such document;

the power to take and keep samples of any thing on the premises;

the power to open any container at the premises for the purpose of inspecting, or taking a sample of, its contents provided that the container is resealed after the inspection is made or the sample is taken;

the power to give directions for dealing with a container, or a label on a container, that has been opened or sampled in accordance with paragraph (h);

the power to destroy or make harmless, or give directions for the destruction or making harmless of, a chemical product at the premises;

the power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;

the powers set out in subsections 69EBB(1) and (2) and subsections 69EBC(2) and (3).

operate electronic equipment on the premises; and

use a disk, tape or other storage device that:

is on the premises; and

can be used with the equipment or is associated with it;

if an inspector has reasonable grounds for suspecting that the electronic equipment, disk, tape or other storage device is or contains evidential material.

if entry to the premises is under an investigation warrant—the power to seize the equipment and the disk, tape or other storage device referred to in that subsection;

the power to operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises;

the power to operate electronic equipment on the premises to transfer the evidential material to a disk, tape or other storage device that:

is brought to the premises for the exercise of the power; or

is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;

and remove the disk, tape or other storage device from the premises.

it is not practicable to put the evidential material in documentary form as mentioned in paragraph (2)(b) or to transfer the evidential material as mentioned in paragraph (2)(c); or

possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth.

in the course of searching for the kind of evidential material specified in the warrant, the inspector finds the thing; and

the inspector believes on reasonable grounds that the thing affords evidence of one or more of the following:

the commission of an offence against this Act or the Collection Act;

the contravention of a civil penalty provision;

(iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act; and

the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction or to protect the health of the public or of any person.

the power to direct the occupier of the premises or the owner of the thing to keep it at the premises, or at other premises under the control of the occupier or owner that will, in the opinion of the inspector, cause least danger to the health of the public or of any person; and

the power to give any other directions for, or with respect to, the detention of the thing.

may enter premises; and

may exercise powers and perform functions and duties under this Part in relation to evidential material; and

must do so in accordance with a direction given to the person assisting by the inspector.

the person is subject to a requirement under subsection (3); and

the person fails to comply with the requirement.

announce that:

he or she is authorised to enter the premises; and

any person assisting the inspector is authorised to enter the premises; and

show his or her identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and

give any person at the premises an opportunity to allow entry to the premises.

to ensure the safety of a person; or

to ensure that the effective execution of the warrant is not frustrated.

an inspector does not comply with subsection (1) because of subsection (2); and

the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

the inspector must, as soon as practicable after entering the premises, show his or her identity card to the occupier or other person.

a warrant is being executed in relation to premises; and

the occupier of the premises, or another person who apparently represents the occupier, is present at the premises.

do one of the following:

if the warrant was issued under section 69EH or 69EHA—make a copy of the warrant available to the occupier or other person (which need not include the signature of the magistrate who issued it);

if the warrant was signed by a magistrate under section 69EHB—make a copy of the form of warrant completed under subsection 69EHB(6) available to the occupier or other person; and

inform the occupier or other person of the rights and responsibilities of the occupier or other person under Division 5 of this Part.

in the case of a monitoring warrant:

there is relevant data on the premises; and

the relevant data may be accessible by operating the equipment; and

expert assistance is required to operate the equipment; and

the relevant data may be destroyed, altered or otherwise interfered with, if the inspector does not take action under this subsection; and

in the case of an investigation warrant:

there is evidential material of the kind specified in the warrant on the premises; and

the evidential material may be accessible by operating the electronic equipment; and

expert assistance is required to operate the equipment; and

the evidential material may be destroyed, altered or otherwise interfered with, if the inspector does not take action under this subsection.

The equipment may be secured by locking it up, placing a guard or any other means.

the inspector’s intention to secure the equipment; and

the fact that the equipment may be secured for up to 72 hours.

Period equipment may be secured

the 72-hour period ends;

the equipment has been operated by the expert.

Extensions

as a result of equipment being operated as mentioned in this Part:

damage is caused to the equipment; or

the data recorded on the equipment is damaged; or

programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

the damage or corruption occurs because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment.

the warrant is still in force; and

the inspector and persons assisting are absent from the premises:

for not more than 1 hour; or

if there is an emergency situation, for not more than 12 hours or such longer period as allowed by a magistrate under subsection (5); or

for a longer period if the occupier of the premises consents in writing.

Application for extension in emergency situation

there is an emergency situation; and

the inspector or person assisting believes on reasonable grounds that the inspector and the persons assisting will not be able to return to the premises within that period.

an application is made under subsection (3); and

the magistrate is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and

the extension would not result in the period ending after the warrant ceases to be in force.

an inspector executing the warrant; and

any person assisting;

with all reasonable facilities and assistance for the effective exercise of their powers.

the person is subject to subsection (1); and

the person fails to comply with that subsection.

a document, film, computer file or other thing that can be readily copied; or

a storage device the information in which can be readily copied;

the inspector must, if asked to do so by the occupier of the premises or another person who apparently represents the occupier and is present when the seizure takes place, give a copy of the thing or the information to the occupier or other person as soon as practicable after the seizure.

the reason for the thing’s seizure no longer exists;

it is decided that the thing is not to be used in evidence;

the period of 60 days after the thing’s seizure ends.

Exceptions

is subject to any contrary order of a court; and

does not apply if the thing:

is forfeited or forfeitable to the APVMA (see section 69ET); or

is the subject of a dispute as to ownership.

proceedings in which the thing may be used in evidence were begun before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

the inspector may keep the thing because of an order under section 69EGC; or

the inspector is authorised by this Part or by an order of a court to keep, destroy or dispose of the thing.

before the end of 60 days after an inspector seizes a thing under an investigation warrant; or

before the end of a period previously stated in an order under this section in respect of a thing seized by an inspector as mentioned in paragraph (a);

proceedings in which the thing may be used in evidence have not been brought, the inspector may apply to a magistrate for an order that he or she may keep the thing for a further period.

take reasonable steps to discover who has an interest in the retention of the thing; and

if it is practicable to do so, notify each person who the inspector believes has such an interest of the proposed application.

Order to retain thing

for the purposes of an investigation as to whether:

an offence against this Act or the Collection Act has been committed; or

a civil penalty provision has been contravened; or

(b) for the purposes of an investigation as to whether an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act has been committed; or

to enable evidence of:

an offence mentioned in paragraph (a) or (b) to be secured for the purposes of a prosecution; or

a contravention mentioned in paragraph (a) to be secured for the purposes of proceedings for a civil penalty order.

an inspector has taken reasonable steps to return the thing to a person; and

either:

the inspector has been unable to locate the person; or

the person has refused to take possession of the thing.

this Act, or the Collection Act, has been, or is being, complied with; or

information provided under this Act, or the Collection Act, is correct; or

levy is payable under the Collection Act.

describe the premises to which the warrant relates; and

state that the warrant is issued under this section; and

state the purpose for which the warrant is issued; and

authorise one or more inspectors (whether or not named in the warrant) from time to time while the warrant remains in force:

to enter the premises; and

to exercise the monitoring powers in relation to the premises; and

state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

specify the day (not more than 6 months after the issue of the warrant) the warrant ceases to be in force.

state the offence or offences, or civil penalty provision or civil penalty provisions, to which the warrant relates; and

describe the premises to which the warrant relates; and

state that the warrant is issued under this section; and

specify the kinds of evidential material that are to be searched for under the warrant; and

state that the evidential material specified may be seized under the warrant; and

state that any thing found in the course of executing the warrant that the person executing the warrant believes on reasonable grounds to be evidence of one or more of the following:

the commission of an offence against this Act or the Collection Act;

the contravention of a civil penalty provision;

(iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act;

may be seized under the warrant; and

name one or more inspectors; and

authorise the inspectors named in the warrant:

to enter the premises; and

to exercise the powers set out in Divisions 2, 3 and 4 of this Part in relation to the premises; and

state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

specify the day (not more than 1 week after the issue of the warrant) the warrant ceases to be in force.

subsection (2) referred to 48 hours rather than 72 hours; and

paragraph (4)(j) required the warrant to specify the period for which the warrant is to remain in force, which must not be more than 48 hours.

in an urgent case; or

if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

in the case of a monitoring warrant—prepare an information of the kind mentioned in subsection 69EH(2); and

in the case of an investigation warrant—prepare an information of the kind mentioned in subsection 69EHA(2);

in relation to the premises that sets out the grounds on which the warrant is sought. If it is necessary to do so, the inspector may apply for the warrant before the information is sworn or affirmed.

Magistrate may complete and sign warrant

after considering the terms of the information; and

after receiving such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

the terms of the warrant; and

the day and time the warrant was signed.

Obligations on inspector

complete and sign a form of warrant in the same terms as the warrant completed and signed by the magistrate;

state on the form the following:

the name of the magistrate;

the day and time the warrant was signed by the magistrate;

send the following to the magistrate:

the form of warrant completed by the inspector;

the information referred to in subsection (3), which must have been duly sworn or affirmed.

the day the warrant ceases to be in force;

the day the warrant is executed.

Magistrate to attach documents together

it is material, in those proceedings, for the court to be satisfied that the exercise of power was authorised by that section; and

the warrant signed by the inspector authorising the exercise of the power is not produced in evidence.

in a personal capacity; and

not as a court or a member of a court.

Powers need not be accepted

as the court of which the magistrate is a member; or

as a member of the court of which the magistrate is a member.

the nature and extent of the contravention; and

the nature and extent of any loss or damage suffered because of the contravention; and

the circumstances in which the contravention took place; and

whether the person has previously been found by a court to have engaged in any similar conduct; and

the extent to which the person has cooperated with the authorities; and

if the person is a body corporate:

the level of the employees, officers or agents of the body corporate involved in the contravention; and

whether the body corporate exercised due diligence to avoid the contravention; and

whether the body corporate had a corporate culture conducive to compliance.

criminal proceedings are commenced or have already been commenced against the person for an offence; and

the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.

the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for an alleged contravention of a civil penalty provision (whether or not the order was made); and

the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention.

within a particular period; or

before a particular time;

then the obligation to do that act or thing continues until the act or thing is done (even if the period has expired or the time has passed).

within a particular period; or

before a particular time;

commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).

attempt to contravene a civil penalty provision; or

aid, abet, counsel or procure a contravention of a civil penalty provision; or

induce (by threats, promises or otherwise) a contravention of a civil penalty provision; or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of a civil penalty provision; or

conspire with others to effect a contravention of a civil penalty provision.

Civil penalty

at or before the time of the conduct constituting the contravention, the person:

considered whether or not facts existed; and

was under a mistaken but reasonable belief about those facts; and

had those facts existed, the conduct would not have constituted a contravention of the civil penalty provision.

the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and

the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.

the person’s intention; or

the person’s knowledge; or

the person’s recklessness; or

the person’s negligence; or

any other state of mind of the person.

the body corporate contravenes a civil penalty provision; and

the officer knew that the contravention would occur; and

the officer was in a position to influence the conduct of the body in relation to the contravention; and

the officer failed to take all reasonable steps to prevent the contravention.

what action (if any) the officer took towards ensuring that the body’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act or the Collection Act, in so far as those requirements affect the employees, agents or contractors concerned; and

what action (if any) the officer took when he or she became aware that the body was contravening this Act or the Collection Act.

be identified by a unique number; and

state the day it is given; and

state the name of the person to whom the notice is given; and

state the name of the person who gave the notice; and

give brief details of the alleged contravention, including:

the provision that was allegedly contravened; and

the maximum penalty that a court could impose for the contravention; and

the time (if known) and day of, and the place of, the alleged contravention; and

state the amount that is payable under the notice; and

give an explanation of how payment of the amount is to be made; and

(h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and

state that payment of the amount is not an admission of liability; and

state that the person may apply to the APVMA to have the period in which to pay the amount extended; and

state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and

set out how the notice can be withdrawn; and

state that if the notice is withdrawn proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and

state that the person may make written representations to the APVMA seeking the withdrawal of the notice.

the day that is the last day of the period referred to in paragraph 69EKA(1)(h);

the day that is 7 days after the day the person was given notice of the APVMA’s decision not to extend.

must take into account any written representations seeking the withdrawal that were given by the person to the APVMA; and

may take into account the following:

whether a court has previously imposed a penalty on the person for a contravention of a prescribed civil penalty provision if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

the circumstances of the alleged contravention;

whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a prescribed civil penalty provision if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

any other matter the APVMA considers relevant.

Notice of withdrawal

the person’s name and address; and

the day the infringement notice was given; and

the identifying number of the infringement notice; and

that the infringement notice is withdrawn; and

that proceedings seeking a civil penalty order may be brought in relation to the alleged contravention.

Refund of amount if infringement notice withdrawn

the APVMA withdraws the infringement notice; and

the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to the amount paid.

any liability of the person for the alleged contravention is discharged; and

proceedings seeking a civil penalty order may not be brought against the person in relation to the alleged contravention; and

the person is not regarded as having admitted liability for the alleged contravention.

a written undertaking given by a person that the person will, in order to comply with a provision of this Act or the Collection Act, take specified action;

a written undertaking given by a person that the person will, in order to comply with a provision of this Act or the Collection Act, refrain from taking specified action;

a written undertaking given by a person that the person will take specified action directed towards ensuring one or more of the following:

that the person does not commit an offence against this Act or the Collection Act;

that the person does not contravene a civil penalty provision;

that the person is unlikely to commit an offence against this Act or the Collection Act, or to contravene a civil penalty provision, in the future.

is confidential commercial information; or

(b) is personal information (within the meaning of the Privacy Act 1988); or

should not be disclosed because it would be against the public interest to do so.

a person has given an undertaking under section 69EL; and

the undertaking has not been withdrawn or cancelled; and

the APVMA considers that the person has breached the undertaking;

the APVMA may, on behalf of the Commonwealth, apply to a court of competent jurisdiction for an order under subsection (2).

an order directing the person to comply with the undertaking;

an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;

any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

any other order that the court considers appropriate.

restraining the first-mentioned person from engaging in the conduct; and

if, in the court’s opinion, it is desirable to do so—requiring the first-mentioned person to do a thing.

Performance injunctions

a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do a thing; and

the refusal or failure was, is or would be, an offence against this Act or the Collection Act or a contravention of a civil penalty provision;

the court may, on application by any person, grant an injunction requiring the first-mentioned person to do that thing.

Grant of interim injunctions

restraining a person from engaging in conduct; or

requiring a person to do a thing.

whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

whether or not the person has previously engaged in conduct of that kind; and

whether or not the conduct involves a serious and immediate risk of:

an effect that is harmful to human beings; or

an unintended effect that is harmful to animals, plants or things, or to the environment.

Performance injunctions

whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and

whether or not the person has previously refused or failed to do that thing; and

whether or not the conduct involves a serious and immediate risk of:

an effect that is harmful to human beings; or

an unintended effect that is harmful to animals, plants or things, or to the environment.

the import, or possible import, of a chemical product by the person or another person; or

the export of a chemical product by the person or another person.

give information or produce documents to the APVMA that could be capable of substantiating or supporting the claim or representation;

give information or produce documents to the APVMA that are of a kind specified in the notice;

within 21 days after the notice is given to the person who made the claim or representation.

name the person to whom it is given; and

specify the claim or representation to which it relates; and

explain the effect of sections 69ENA and 69ENB.

made the claim or representation by publishing it on behalf of another person in the course of carrying on a business of providing information; and

does not have a commercial relationship with the other person other than for the purpose of:

publishing claims or representations promoting, or apparently intended to promote, the other person’s business or other activities; or

the other person supplying goods or services.

within the period specified in the notice; or

within such further time as the APVMA allows under subsection (3).

the person is given a notice under section 69EN; and

the person fails to comply with the notice:

within the period specified in the notice; or

if the APVMA has allowed the person further time under subsection 69ENA(3)—within such further time.

the person is an individual; and

the person refuses or fails to give particular information or produce a particular document in compliance with a substantiation notice; and

the information, or production of the document, might tend to incriminate the individual or to expose the individual to a penalty.

is a Board member of the APVMA; or

is a member of the staff of the APVMA that the APVMA has authorised to be present; or

is entitled to be present because of a determination under subsection (4).

gives information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

produces a document that the person knows to be false or misleading in a material particular without:

indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and

providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.

gives information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

produces a document that the person knows to be false or misleading in a material particular without:

indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and

providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.

Civil penalties

give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

produce a document that the person knows to be false or misleading in a material particular without:

indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and

providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.

give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or

produce a document that the person knows to be false or misleading in a material particular without:

indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and

providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.

that a substance referred to in the certificate was, or was not, at a particular time, or during a particular period, an active constituent, or an approved active constituent, for a proposed or existing chemical product;

that a chemical product referred to in the certificate was, or was not, at a particular time, or during a particular period, a chemical product or a registered chemical product;

that a person named in the certificate was an inspector at a particular time or during a particular period;

that a notice, direction or requirement referred to in the certificate was given at a particular time to a particular person under this Part;

any matter that could be stated in a certificate given under section 149 of any of the Agvet Codes.

any conduct engaged in by a director, employee or agent of the body corporate within the actual or apparent scope of his or her employment or within his or her actual or apparent authority is taken to have been engaged in also by the body corporate; and

(b) it is taken to be established that conduct (the relevant conduct) was engaged in by the body corporate intentionally, knowingly or recklessly if it is proved:

that the directors of the body corporate intentionally, knowingly or recklessly engaged in the relevant conduct or expressly, tacitly or impliedly authorised or permitted the relevant conduct to be engaged in; or

that an employee or agent of the body corporate with duties of such responsibility that his or her conduct may fairly be assumed to represent the policy of the body corporate intentionally, knowingly or recklessly engaged in the relevant conduct or expressly, tacitly or impliedly authorised or permitted the relevant conduct to be engaged in.

any conduct engaged in by an employee or agent of the individual within the actual or apparent scope of his or her employment or within his or her actual or apparent authority is taken to have been engaged in also by the individual; and

(b) it is taken to be established that conduct (the relevant conduct) was engaged in by the individual intentionally, knowingly or recklessly if it is proved that an employee or agent of the individual with duties of such responsibility that his or her conduct may fairly be assumed to represent the policy of the individual intentionally, knowingly or recklessly engaged in the relevant conduct or expressly, tacitly or impliedly authorised or permitted the relevant conduct to be engaged in.

an individual is convicted of an offence against Part 7A, 7AA or this Part; and

the individual would not have been convicted of that offence if subsections (3) and (4) had not been enacted;

the individual is not liable to be punished by imprisonment for that offence.