the furthering of trade and commerce between Australia and places outside Australia; and

the present and future economic viability and competitiveness of primary industry which relies on access to chemical products and their constituents; and

a domestic industry for manufacturing and formulating chemical products and their constituents;

recognises that the health and safety of human beings, animals and the environment is the first priority of the system for regulating chemical products and their constituents, in part to ensure that the use of chemical products at the present time will not impair the prospects of future generations; and

reflects established best-practice principles for the assessment and management of risk, based on science; and

balances regulatory effort and any burden imposed by the system of regulation on:

holders of approvals, registrations, permits and licences; and

the domestic industry for manufacturing and formulating chemical products and their constituents; and

the users of chemical products;

recognises that the use of chemical products that pose unmanageable risks to the health and safety of human beings, animals and the environment is not appropriate in Australia; and

promotes community confidence in the regulation of chemical products and their constituents, is open and accountable, and gives opportunity for public involvement and participation; and

secures compliance with this Code through appropriate, proportionate, consistent and effective compliance and enforcement measures.

approve, re-approve, register, re-register, vary or issue on the application; or

(b) refuse the application; or

if the application resulted in the reconsideration of an approval or registration as required by section 29H—cancel the approval or registration under section 34AA.

in relation to an approval or registration, means:

the person entered in the Record, Register or relevant APVMA file as the holder of the approval or registration; or

if the holder was an individual who has died or is an individual whose affairs are being lawfully administered by another person—the legal personal representative of the individual or the person administering the individual’s affairs; or

if the holder was a body corporate—a successor in law of the body corporate; or

in relation to a permit or licence, means the person to whom the permit or licence was issued.

in relation to the approval of an active constituent—the distinguishing number, any instructions for use and any other particulars required by paragraph 19(1)(c) to be entered in the Record; and

in relation to the registration of a chemical product—the distinguishing number, any instructions for use and any other particulars required by paragraph 20(1)(c) to be entered in the Register; and

in relation to the approval of a label—the information required to be recorded in the relevant APVMA file by subparagraphs 21(c)(i) to (iva);

is not, or would not be, an undue hazard to the safety of people exposed to it during its handling or people using anything containing its residues; and

is not, or would not be, likely to have an effect that is harmful to human beings; and

is not, or would not be, likely to have an unintended effect that is harmful to animals, plants or things or to the environment.

must have regard to the following:

the toxicity of the constituent and its residues, including metabolites and degradation products, in relation to relevant organisms and ecosystems, including human beings;

the method by which the constituent is, or is proposed to be, manufactured;

the extent to which the constituent will contain impurities;

whether an analysis of the chemical composition of the constituent has been carried out and, if so, the results of the analysis;

any conditions to which its approval is, or would be, subject;

any relevant particulars that are, or would be, entered in the Record for the constituent;

whether the constituent conforms, or would conform, to any standard made for the constituent under section 6E to the extent that the standard relates to matters covered by subsection (1);

any matters prescribed by the regulations; and

may have regard to such other matters as it thinks relevant.

must have regard to the following:

the toxicity of the product and its residues, including metabolites and degradation products, in relation to relevant organisms and ecosystems, including human beings;

the relevant poison classification of the product under the law in force in this jurisdiction;

how the product is formulated;

the composition and form of the constituents of the product;

any conditions to which its registration is, or would be, subject;

any relevant particulars that are, or would be, entered in the Register for the product;

whether the product conforms, or would conform, to any standard made for the product under section 6E to the extent that the standard relates to matters covered by subsection (1);

any matters prescribed by the regulations; and

may have regard to one or more of the following:

the acceptable daily intake of each constituent contained in the product;

(ii) any dietary exposure assessment prepared under subsection 82(4) of the Food Standards Australia New Zealand Act 1991 as a result of any proposed variation notified under subsection 82(3) of that Act in relation to the product, and any comments on the assessment given to the APVMA under subsection 82(4) of that Act;

whether any trials or laboratory experiments have been carried out to determine the residues of the product and, if so, the results of those trials or experiments and whether those results show that the residues of the product will not be greater than limits that the APVMA has approved or approves;

the stability of the product;

the specifications for containers for the product;

such other matters as it thinks relevant.

whether any trials or laboratory experiments have been carried out to determine the efficacy of the product and, if so, the results of those trials or experiments;

any conditions to which its registration is, or would be, subject;

any relevant particulars that are, or would be, entered in the Register for the product;

whether the product conforms, or would conform, to any standard made for the product under section 6E to the extent that the standard relates to matters covered by subsection (1);

any matters prescribed by the regulations.

to the extent prescribed by the regulations; or

if there are no such regulations—to the extent that the APVMA thinks the matters are relevant.

any conditions to which its registration is, or would be, subject;

any relevant particulars that are, or would be, entered in the Register for the product;

whether the product conforms, or would conform, to any standard made for the product under section 6E to the extent that the standard relates to matters covered by subsection (1);

any matters prescribed by the regulations.

to the extent prescribed by the regulations; or

if there are no such regulations—to the extent that the APVMA thinks the matters are relevant.

the circumstances in which the product should be used;

how the product should be used;

the times when the product should be used;

the frequency of the use of the product;

the withholding period after the use of the product;

the re-entry period after the use of the product;

the disposal of the product when it is no longer required;

the disposal of containers of the product;

the safe handling of the product and first aid in the event of an accident caused by the handling of the product;

any matters prescribed by the regulations.

any conditions to which its approval is, or would be, subject;

any relevant particulars and instructions that are, or would be, entered in the relevant APVMA file for the label;

whether the label conforms, or would conform, to any standard made for the label under section 6E to the extent that the standard relates to matters covered by subsection (1).

principles and processes for effective and efficient regulation of chemical products and their constituents; and

principles and processes relating to:

the approval of active constituents for proposed or existing chemical products; and

the registration of chemical products; and

the approval of labels for containers for chemical products; and

the variation of relevant particulars and conditions; and

the issue of permits and licences; and

the reconsideration of approvals and registrations.

constituents for chemical products;

chemical products;

labels for containers for chemical products.

the application:

is in writing in the approved form; and

is signed by the applicant; and

is accompanied by so much of the prescribed fee as is required to be paid when the application is made; and

is lodged with the APVMA; and

contains, or is accompanied by, any information specified for the application under section 8B; and

the constituent, product or label in relation to which the application is made complies, or will comply, with any requirement prescribed by the regulations; and

any requirement made under section 157 or 159 in relation to the application has been complied with; and

any requirement prescribed by another provision of this Code in relation to the application has been complied with; and

any amount (including an amount in respect of a tax or penalty) that is payable by the applicant to the APVMA (including under a law of another jurisdiction or the agvet law), has been paid.

the inclusion of the information would enable the APVMA to determine the application; and

in relation to an application under section 29D (applications for re-approval or re-registration)—the information is information that the applicant could be reasonably expected to have, or to have access to.

must have regard to:

the information in, or accompanying, the application as required under section 8B or any other provision of this Code; and

any information or thing given to the APVMA as required under section 157 or 159 or by section 160A in relation to the application; and

any submission made in response to an invitation given by the APVMA in relation to the application; and

may have regard to any other matter that it thinks relevant.

is given by or on behalf of the applicant in connection with the application; but

is not covered by paragraph (1)(a).

be in writing; and

set out:

the relevant particulars, or proposed relevant particulars, of the active constituents and products concerned, other than confidential commercial information; and

any other matters that the APVMA thinks appropriate; and

be given to Food Standards Australia New Zealand:

for an application, other than an application under within 28 days after the APVMA completes a preliminary assessment of the application; orsection 29D—

for a variation under section 26C, 29, 29A, 29G, 34A or 34AF—before the variation is made.

approves (or re-approves) an active constituent; or

registers (or re-registers) a chemical product; or

renews the registration of a chemical product; or

approves a label; or

varies relevant particulars or conditions (whether on application or on the initiative of the APVMA), other than under section 34A (varying relevant particulars or conditions to allow affirmation).

for an approval or registration:

state that the constituent, product or label has been approved or registered; and

set out the relevant particulars and conditions of the approval or registration; and

state the date the approval or registration ends; and

for a registration—state the date (if any) after which the registration cannot be renewed under Division 6 of Part 2; and

for the renewal of a registration—state that the registration of the chemical product has been renewed; and

for the variation of relevant particulars or conditions:

state that the relevant particulars or conditions have been varied; and

set out the relevant particulars or conditions as varied; and

state the date the approval or registration ends; and

of a registration—state the date (if any) after which the registration cannot be renewed under Division 6 of Part 2; and

include any information prescribed by the regulations.

state that the application has been refused; and

set out the reasons for the refusal; and

include any information prescribed by the regulations; and

specify any amount of fee that is repayable because of the refusal.

(a) be published in the Gazette, as soon as practicable, and in any other manner that the APVMA thinks appropriate; and

state that the constituent has been approved or the product has been registered and the date of the approval or registration as mentioned in section 22; and

if the approval or registration is a re-approval or re-registration—state that fact; and

contain a brief statement of the conditions of the approval or registration that directly regulate the use of the constituent or product; and

include any information prescribed by the regulations.

(a) be published in the Gazette, as soon as practicable, and in any other manner that the APVMA thinks appropriate; and

state that the relevant particulars or conditions have been varied and the date on which the variation took place; and

contain a brief statement of the nature of, and reasons for, the variation; and

include any information prescribed by the regulations.

subsection 8F(2);

subsection 8S(2);

subsection 17(4) or (5);

subsection 18(4) or (5);

subsection 34AB(2);

subsection 34AC(2);

subsection 47B(4).

the application meets the application requirements; and

the proposed holder has consented, by signed writing, to being the holder; and

if the proposed holder is not a resident of, and does not carry on business in, Australia—there will be a nominated agent for the approval or registration; and

any requirements prescribed by the regulations have been met.

the application meets the application requirements; and

the nominated person has consented, by signed writing, to being the nominated agent; and

any requirements prescribed by the regulations have been met.

the application meets the application requirements; and

the person to be the nominated agent has consented, by signed writing, to being the nominated agent; and

any requirements prescribed by the regulations have been met.

the nominated agent has notified the holder of the withdrawal; and

any requirements prescribed by the regulations have been met.

refuses an application, other than on preliminary assessment; or

approves (or re-approves) or registers (or re-registers) an active constituent, chemical product or label with instructions or relevant particulars other than those set out in the application; or

if the application is to vary relevant particulars or conditions—varies the relevant particulars or conditions other than in accordance with the application.

for notice under paragraph (1)(b)—set out the proposed instructions and relevant particulars; and

for notice under paragraph (1)(c)—set out the proposed variation; and

include a draft statement of reasons for the proposed course of action; and

set out the information on which the reasons are based (including information not given to the APVMA by the applicant); and

invite written submissions from the applicant within 28 days, or within such further period as is specified in the notice.

already given to the APVMA by, or on behalf of, the applicant; or

set out in the notice under paragraph (2)(d).

stating that it proposes to recommend to the Minister that the regulation be made; and

setting out particulars of the chemical products, or class of chemical products, that would be covered, or otherwise affected, by the regulation; and

setting out a draft standard the APVMA proposes to make under section 8U in relation to each chemical product that would be covered by the regulation; and

giving the reasons for the proposed recommendation; and

inviting any person, within a period of at least 28 days specified in the notice, to make a written submission to the APVMA as to whether the proposed regulation should be made and stating the grounds on which the submission is based, which must be grounds relating to the matters mentioned in paragraph 8V(a).

the APVMA must have recommended to the Minister that the regulation be made; and

the APVMA must have given to the Minister:

its reasons for the recommendation; and

written particulars of the product or class of products that would be covered, or otherwise affected, by the regulation; and

a draft of the standard that the APVMA proposes to make under section 8U for the product, or for products in the class, if the product or class is specified in the schedule; and

a written explanation as to why the APVMA is satisfied that the product, or class of products, meets the safety criteria, the trade criteria and the efficacy criteria (see section 8V); and

a written statement identifying the consultations held by, and setting out the advice given to, the APVMA in relation to the proposed regulation.

chemical products, or a class of chemical products, identified in the standard; or

a container containing chemical products, or a class of chemical products, identified in the standard; or

a label for containers for chemical products, or a class of chemical products, identified in the standard.

may be specified by reference to any one or more of the following:

the composition and form of the constituents of the product;

the physical and chemical properties of the chemical product;

the quantity of the chemical product when contained in specified containers;

procedures to be carried out in the manufacture of the chemical product;

a monograph in the British Pharmacopoeia or the British Pharmacopoeia (Veterinary);

a monograph in another publication approved by the APVMA for the purposes of this subparagraph;

a monograph referred to in subparagraph (v) or (vi) as modified in a manner specified in the standard;

a standard published by Standards Australia;

such other matters as the APVMA thinks fit; and

may require that a matter relating to the standard be determined in accordance with a particular test.

the product meeting the safety criteria, the trade criteria and the efficacy criteria; and

any label for containers for the product meeting the labelling criteria.

approval of active constituents for proposed or existing chemical products; and

registration of chemical products; and

approval of labels for containers for chemical products.

approval of active constituents for proposed or existing chemical products; and

registration of chemical products; and

approval of labels for containers for chemical products.

for approval of an active constituent for a proposed or existing chemical product; or

for registration of a chemical product; or

for approval of a label for containers for a chemical product.

must meet the application requirements; and

for an active constituent or chemical product—must include proposed instructions for use of the constituent or product.

give written notice to the applicant:

stating that the application has passed preliminary assessment and that it will be determined under section 14; and

setting out any matters prescribed by the regulations; and

publish a summary of the application that includes any details prescribed by the regulations.

has passed preliminary assessment; and

is for approval of an active constituent not previously contained in a chemical product registered in this or another jurisdiction under the Agvet Code, or a corresponding previous law, of the jurisdiction concerned.

set out the following:

the name of the constituent;

particulars of the constituent;

a summary of the APVMA’s assessment of whether the constituent meets the safety criteria;

any other matters that the APVMA thinks appropriate; and

invite any person to make, within a specified period of at least 28 days, a written submission as to whether the constituent should be approved and stating the grounds on which the submission is based, which must be grounds that relate to the safety criteria.

has passed preliminary assessment; and

is for registration of a chemical product containing an active constituent not previously contained in a chemical product registered in this or another jurisdiction under the Agvet Code, or a corresponding previous law, of the jurisdiction concerned.

set out the following:

the name that the applicant intends to use to describe the product;

particulars of the product and its active constituents;

a summary of the APVMA’s assessment of whether the product meets the safety criteria, the trade criteria and the efficacy criteria;

any other matters that the APVMA thinks appropriate; and

invite any person to make, within a specified period of at least 28 days, a written submission to the APVMA as to whether the product should be registered and stating the grounds on which the submission is based, which must be grounds that relate to the safety criteria, the trade criteria or the efficacy criteria.

that the application meets the application requirements; and

for an active constituent—that the constituent meets the safety criteria; and

for a chemical product—that the product:

meets the safety criteria, the trade criteria and the efficacy criteria; or

complies with the established standard for the product; and

for a label for a chemical product—that the label:

meets the labelling criteria; or

complies with the established standard for the product.

either of the following applies:

the APVMA considers that information it requires in respect of the constituent is not readily available;

the constituent is, or is part of, a product in respect of which a standard is specified in the European Pharmacopoeia, the British Pharmacopoeia (Veterinary), the United States Pharmacopoeia or any other publication considered by the APVMA to be appropriate; and

having regard to information that is readily available, the APVMA is satisfied that the constituent would meet the safety criteria.

despite subsection 14(2); and

whether or not an application has been made for approval of the constituent.

the information related to the first product or the active constituent and:

the safety criteria; or

a matter that is prescribed by the regulations; and

(e) as a result of the disclosure, the applicant for an application for registration of a chemical product (the second product) that is the same as, or similar to, the first product, seeks to have the APVMA use the information in determining the application.

register a chemical product unless:

the APVMA also approves each active constituent for the product; and

the APVMA also approves a label for containers for the product; or

approve a label for containers for a chemical product unless it also registers the product.

an active constituent that is exempted by the APVMA from the operation of that subparagraph; or

an active constituent for a listed chemical product if the product complies with the established standard for the product.

the name of the person who applied for the approval as the holder of the approval;

the name of any nominated agent for the approval;

the relevant particulars, which are the distinguishing number, any instructions for the use of the constituent and any other particulars prescribed by the regulations;

any conditions of the approval imposed by the APVMA;

the date the approval ends.

be worked out in accordance with the method prescribed by the regulations; and

be the last day of a calendar month at least 7 years but not more than 15 years after the approval takes place.

the name of the person who applied for the registration as the holder of the registration;

the name of any nominated agent for the registration;

the relevant particulars, which are the distinguishing number, any instructions for the use of the product and any other particulars prescribed by the regulations;

if the product is a listed chemical product—a notation to that effect;

any conditions of the registration imposed by the APVMA;

the date the registration ends, which must be the last day of a calendar month not more than 12 months after the registration takes place;

(g) unless the product is a listed chemical product, and the product and each label for the product comply with the established standard for the product—the date (the last renewal date) after which the registration cannot be renewed under Division 6.

be worked out in accordance with the method prescribed by the regulations; and

if the last renewal date is entered in the Register when the product is registered—be the last day of a calendar month at least 7 years but not more than 15 years after the registration takes place; and

if the last renewal date is entered in the Register when the relevant particulars or conditions of the registration are varied—be the last day of a calendar month at least 7 years but not more than 15 years after the variation takes place.

determines the particulars prescribed by the regulations that are appropriate to be contained on the label; and

gives a distinguishing number to the label; and

records the following information in the relevant APVMA file:

the name of the person who applied for the approval as the holder of the approval;

the name of any nominated agent for the approval;

the distinguishing number;

the instructions and any particulars that are to be contained on the label;

any other particulars prescribed by the regulations;

any conditions of the approval imposed by the APVMA.

any of the relevant particulars of:

an approval of an active constituent; or

a registration of a chemical product; or

an approval of a label; or

any of the conditions of such an approval or registration imposed by the APVMA;

the conditions prescribed by the regulations (whether or not the conditions are prescribed at the time the constituent, product or label is approved or registered); and

any conditions imposed on the approval or registration as the APVMA thinks appropriate.

the approval or registration is subject to a condition referred to in subsection (2); and

the conditions of approval or registration have not been varied before the end of the period referred to in the condition, or the end of that period as previously extended under this subsection, so as to remove the condition;

the APVMA is satisfied that a relevant particular or condition entered in the Record or Register, or recorded in the relevant APVMA file, is incorrect in a material respect; and

the relevant particular or condition is of a kind prescribed by the regulations;

a relevant particular or condition entered in the Record or Register, or recorded in the relevant APVMA file, in relation to the constituent, product or label is incorrect in a material respect; and

the relevant particular or condition is incorrect because of inaccurate recording;

that the application meets the application requirements; and

for an active constituent—that, if the particular were varied in accordance with the application, the constituent would meet the safety criteria; and

for a chemical product—that, if the particular were varied in accordance with the application, the product would:

meet the safety criteria, the trade criteria and the efficacy criteria; or

comply with the established standard for the product; and

for a label for a chemical product—that, if the particular were varied in accordance with the application, the label would:

meet the labelling criteria; or

comply with the established standard for the product.

the relevant particular is varied in such a way that a listed chemical product or any approved label for the product does not comply with the established standard for the product; and

there is no date entered in the Register as the date after which the registration of the product cannot be renewed under Division 6;

the relevant particular is varied in such a way that a listed chemical product and every approved label for the product comply with the established standard for the product; and

there is a date entered in the Register as the date after which the registration of the product cannot be renewed under Division 6;

the approval of an active constituent; or

the registration of a chemical product; or

the approval of a label for containers for a chemical product.

the registration of a chemical product; or

the approval of a label for containers for a chemical product.

give written notice to the applicant:

stating that the application has passed preliminary assessment and that it will be determined under section 29; and

setting out any matters prescribed by the regulations; and

if the variation relates to the use of a chemical product—publish a summary of the application including any details prescribed by the regulations.

the applicant; and

if the applicant is not the holder—the holder.

that the application meets the application requirements; and

for an active constituent—that, if those particulars or conditions were varied in accordance with the application, the constituent would meet the safety criteria; and

for a chemical product—that, if those particulars or conditions were varied in accordance with the application, the product would:

meet the safety criteria, the trade criteria and the efficacy criteria; or

comply with the established standard for the product; and

for a label for a chemical product—that, if those particulars or conditions were varied in accordance with the application, the label would:

meet the labelling criteria; or

comply with the established standard for the product.

for an active constituent—that, if those particulars or conditions were so varied, the constituent would meet the safety criteria; and

for a chemical product—that, if those particulars or conditions were so varied, the product would:

meet the safety criteria, the trade criteria and the efficacy criteria; or

comply with the established standard for the product; and

for a label for a chemical product—that, if those particulars or conditions were so varied, the label would:

meet the labelling criteria; or

comply with the established standard for the product; and

that the constituent, product or label complies, or will comply, with any requirement prescribed by the regulations.

the relevant particulars or conditions are varied in such a way that a listed chemical product or any approved label for the product does not comply with the established standard for the product; and

there is no date entered in the Register as the date after which the registration of the product cannot be renewed under Division 6;

the relevant particulars or conditions are varied in such a way that a listed chemical product and every approved label for the product comply with the established standard for the product; and

there is a date entered in the Register as the date after which the registration of the product cannot be renewed under Division 6;

varies the relevant particulars or conditions; or

suspends or cancels the approval or registration (section 34AB).

(a) it must notify the holder and publish a notice in the Gazette (section 34AC); and

if the reconsideration was required by section 29H (reconsideration if APVMA does not re-approve or re-register)—it must re-approve or re-register the constituent or product (section 34AD); and

it may vary the duration of the approval or registration (section 34AE).

must be maintained in accordance with the regulations; and

is not a legislative instrument.

setting out the matters it proposes to deal with in the reconsideration and its reasons for so proposing; and

requiring the holder, within a period stated in the notice that ends not earlier than 28 days after the day the notice is given, to give to the APVMA either or both of the following:

any information of a kind stated in the notice of which the holder is aware and which is relevant to the reconsideration;

any information of which the holder is aware that is relevant to the reconsideration; and

inviting the holder, within that period, to make a written submission to the APVMA about the matters referred to in paragraph (a); and

setting out the work plan.

inform the person of:

the matters that it proposes to reconsider, or is reconsidering; and

the work plan; and

invite any person to make, within a specified period which must not end earlier than 28 days after the invitation is given, a written submission to the APVMA about the matters it proposes to reconsider, or is reconsidering.

requires the APVMA to deal with a particular matter as part of the reconsideration; or

prevents the APVMA from dealing with a particular matter as part of the reconsideration.

give to the APVMA information of a kind stated in the notice;

carry out a search of published literature for information and give a report to the APVMA on the results of that search;

conduct, or cause to be conducted, trials or laboratory experiments and give the results of the trials or experiments to the APVMA;

give to the APVMA, or to another body specified in the notice, a sample of an active constituent, or of a chemical product or any of its constituents, for the purpose of analysis by an approved analyst.

information, a report or results must be given in writing:

signed by the holder; or

attached to a covering letter signed by the holder;

a sample must be:

labelled with a label signed by the holder; or

attached to a covering letter signed by the holder.

for an active constituent—that the constituent meets the safety criteria; and

for a chemical product—that the product meets the safety criteria, the trade criteria and the efficacy criteria; and

for a label—that the label meets the labelling criteria; and

that the constituent, product or label complies with any requirement prescribed by the regulations.

must have regard to:

any information given, or submissions made, to the APVMA in response to a notice given under subsection 32(1); and

any submissions made to the APVMA in response to an invitation under paragraph 32(2A)(b) or 34AB(2)(f); and

any information given by the holder in response to an invitation given by the APVMA (whether or not under this Code) in relation to the constituent, product or label; and

any information, report, results or sample given to the APVMA in response to a notice given under section 33; and

any information given to the APVMA as required by section 161 in relation to the constituent, product or label; and

any other information that it considers necessary to enable it to make a decision on the reconsideration; but

must not take into account any submission, information, report, results or sample not covered by paragraph (a).

is not satisfied as mentioned in subsection 34(1); but

is satisfied that the relevant particulars or conditions of the approval or registration can be varied in such a way as to allow the approval or registration to be affirmed;

submissions, information, reports, results or samples that it had regard to under section 34;

submissions made to the APVMA in response to the invitation under paragraph 34AB(2)(f).

the relevant particulars or conditions are varied in such a way that a listed chemical product or any approved label for the product does not comply with the established standard for the product; and

there is no date entered in the Register as the date after which the registration of the product cannot be renewed under Division 6;

the relevant particulars or conditions are varied in such a way that a listed chemical product and every approved label for the product comply with the established standard for the product; and

there is a date entered in the Register as the date after which the registration of the product cannot be renewed under Division 6;

the APVMA is satisfied that the relevant particulars of the approval can be varied in such a way as to allow the approval to be affirmed; but

the holder does not satisfy the APVMA that a label, including the particulars as varied, will be attached to the containers for the product.

varies the relevant particulars or conditions under section 34A; or

suspends or cancels the approval or registration under section 34AA.

be given to the holder in writing; and

be given to the other persons informed of the reconsideration as mentioned in subsection 32(2):

in writing; or

in the way the persons were informed under that subsection; and

include a draft statement of reasons for the proposed course of action; and

set out the information on which the reasons are based (including information not given to the APVMA by the holder); and

for variation of relevant particulars or conditions—set out the proposed variation; and

invite written submissions from the holder or other persons within 3 months.

variation of the relevant particulars or conditions; or

suspension or cancellation of the approval or registration.

give written notice of the affirmation to the holder; and

(b) publish a notice of the affirmation in the Gazette and in any other manner that it thinks appropriate.

state that the approval or registration has been affirmed; and

set out the relevant particulars and conditions of the approval or registration as affirmed; and

state the date the approval or registration ends; and

for registration—state the date (if any) after which the registration cannot be renewed under Division 6; and

include any information prescribed by the regulations.

state that the approval or registration has been affirmed; and

contain a brief statement of the reasons for the affirmation.

the APVMA affirms the approval or registration; and

the reconsideration was required by section 29H (reconsideration if APVMA does not re-approve or re-register);

(a) the date (the end date) the approval ends, which, if varied, must be the last day of a calendar month at least 7 years but not more than 15 years after the approval is affirmed; or

either or both of the following:

the date the registration ends, which must be the last day of a calendar month;

(ii) if, before the reconsideration began, there was a date entered in the Register as the date after which the registration cannot be renewed under last renewal date).Division 6—that date (the

be worked out in accordance with the method prescribed by the regulations; and

be the last day of a calendar month at least 7 years but not more than 15 years after the approval or registration is affirmed.

for an approval—the end date for another approval of the active constituent; or

for a registration—the last renewal date for another chemical product that contains one or more of the same active constituents.

vary the relevant particulars; and

record in the relevant APVMA file the relevant particulars as varied and the date on which the record is made; and

give written notice to the holder setting out particulars of the variation.

the APVMA must have given to the Minister a written explanation as to why the APVMA is satisfied that the product, or class of products, meets the safety criteria, the trade criteria and the efficacy criteria; and

the supply of unapproved active constituents for chemical products and unregistered chemical products; and

their possession for the purposes of supply; and

the supply of active constituents for chemical products that have been approved and the supply of chemical products that have been registered or reserved in contravention of the conditions of their approval, registration or reservation.

a standard is prescribed in respect of the product or in respect of a constituent contained in the product; and

the product is:

a listed chemical product; or

prescribed for the purposes of this section.

the APVMA is reconsidering the registration of a chemical product under Division 4 of Part 2 of that Code;

a chemical product may not meet the safety criteria, the trade criteria or the efficacy criteria; or

of stocks of a registered chemical product; or

of a particular batch of a registered chemical product;

stating that the application has passed preliminary assessment and that it will be determined under section 112; and

setting out any matters prescribed by the regulations.

stating that the application does not meet the application requirements; and

giving particulars of the defects in the application; and

requiring the defects to be rectified within 1 month.

the APVMA is not satisfied that defects in the application can reasonably be rectified; or

the defects are not rectified to the satisfaction of the APVMA within the period mentioned in paragraph (3)(c).

that the application meets the application requirements; and

that the applicant has complied with any requirement made by the APVMA under subparagraph 111(1)(b)(iii); and

for an active constituent—that the constituent would meet the safety criteria; and

for a chemical product—that the product would meet the safety criteria, the trade criteria and the efficacy criteria; and

that any requirements prescribed by the regulations in relation to the issue of a permit under this section have been complied with; and

if an application has not been made for approval of the constituent or registration of the product or such an application has not been determined—that there are reasonable grounds for the application not having been made or for issuing the permit pending determination of the application; and

if the application is for a permit to do, or omit to do, any thing which would, apart from the permit, be an offence against subsection 121(4A) or (5A) or a contravention of the civil penalty provision set out in subsection 121(4) or (5)—that there are exceptional circumstances that justify issuing the permit.

the applicant will be unable to comply with the conditions of the permit; or

at least one of the following persons:

the applicant;

any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the applicant’s affairs;

if the applicant is a body corporate—a major interest holder of the body corporate;

been convicted of an offence against an agvet law; or

been convicted of an offence against a law of this or another jurisdiction relating to chemical products; or

been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or

been ordered to pay a pecuniary penalty for the contravention of an agvet penalty provision; or

been ordered to pay a pecuniary penalty for the contravention of another law of this or another jurisdiction relating to chemical products; or

been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or

held a permit that was cancelled under subsection 119(2) or section 119B of this Code or under a corresponding provision of the Agvet Code of another jurisdiction; or

been a manager, or a major interest holder, of a body corporate in respect of which subparagraph (iv), (v), (vi), (vii), (viii), (ix) or (x) applies in that 10 year period, if the conduct resulting in that subparagraph applying occurred when the person was a manager or major interest holder of the body corporate.

(a) Crimes Act 1914; orsection 19B of the

a corresponding provision of a law of a State or Territory.

that the active constituent or chemical product in respect of which the permit is to be issued meets the safety criteria, the trade criteria and the efficacy criteria;

that any requirements prescribed by the regulations in relation to the issue of a permit under this section have been complied with;

if an application has not been made for approval of the constituent or registration of the product or such an application has not been determined—that there are reasonable grounds for the application not having been made or for issuing the permit pending determination of the application, as the case may be;

if the permit would authorise a person to do, or omit to do, any thing which would, apart from the permit, be an offence against subsection 121(4A) or (5A) or a contravention of the civil penalty provision set out in subsection 121(4) or (5)—that there are exceptional circumstances that justify issuing the permit.

the proposed permit holder will be unable to comply with the conditions of the permit; or

at least one of the following persons:

the proposed permit holder;

any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the proposed permit holder’s affairs;

if the proposed permit holder is a body corporate—a major interest holder of the body corporate;

been convicted of an offence against an agvet law; or

been convicted of an offence against a law of this or another jurisdiction relating to chemical products; or

been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or

been ordered to pay a pecuniary penalty for the contravention of an agvet penalty provision; or

been ordered to pay a pecuniary penalty for the contravention of another law of this or another jurisdiction relating to chemical products; or

been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or

held a permit that was cancelled under subsection 119(2) or section 119B of this Code or under a corresponding provision of the Agvet Code of another jurisdiction; or

been a manager, or a major interest holder, of a body corporate in respect of which subparagraph (iv), (v), (vi), (vii), (viii), (ix) or (x) applies, if the conduct resulting in that subparagraph applying occurred when the person was a manager or major interest holder of the body corporate.

(a) Crimes Act 1914; orsection 19B of the

a corresponding provision of a law of a State or Territory.

must, before issuing the permit, give written notice of its intention to do so to the holder of the approval or registration; and

must not issue the permit before the end of 28 days after the day on which the notice is given.

issue the permit without giving written notice to the holder of the approval or registration; or

issue the permit before the end of the 28 days.

the application meets the application requirements; and

any requirements prescribed by the regulations have been met.

be in writing in the approved form; and

be signed by the applicant; and

be accompanied by so much of the prescribed fee as is required to be paid when the application is made; and

be lodged with the APVMA; and

contain, or be accompanied by, any information specified for the application under section 8B.

the applicant has not complied with subsection 122(1) or any requirement under subsection 122(2); or

any requirement prescribed by the regulations in relation to the application or the issue of the licence has not been complied with; or

the applicant will be unable to comply with the conditions of the licence; or

the applicant will be unable to comply with the manufacturing principles; or

at least one of the following persons:

the applicant;

any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the applicant’s affairs;

if the applicant is a body corporate—a major interest holder of the body corporate;

been convicted of an offence against an agvet law; or

been convicted of an offence against a law of this or another jurisdiction relating to chemical products; or

been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or

been ordered to pay a pecuniary penalty for the contravention of an agvet penalty provision; or

been ordered to pay a pecuniary penalty for the contravention of another law of this or another jurisdiction relating to chemical products; or

been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or

contravened a condition of a manufacturing licence issued under an agvet law; or

held a manufacturing licence or permit that was cancelled under an agvet law, other than paragraph 127(1)(d) or (e) of this Code or a corresponding provision of the Agvet Code of another jurisdiction; or

been a manager, or a major interest holder, of a body corporate in respect of which subparagraph (iv), (v), (vi), (vii), (viii), (ix), (x) or (xi) applies in that 10 year period, if the conduct resulting in that subparagraph applying occurred when the person was a manager or major interest holder of the body corporate; or

at least one of the following persons:

the applicant;

any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the applicant’s affairs;

if the applicant is a body corporate—a major interest holder of the body corporate;

(a) Crimes Act 1914; orsection 19B of the

a corresponding provision of a law of a State or Territory.

on the day on which the notice is given to the holder, but only if the notice states that the action is necessary to prevent one or more of the following:

an imminent risk to persons of death, serious injury or serious illness;

an imminent risk of unintended harm to animals, plants or things, or to the environment;

an imminent risk of impact on trade or commerce between Australia and places outside Australia; or

otherwise—on a day stated for the purpose in the notice that, unless the APVMA and the holder agree, is not earlier than 28 days after the notice is given to the holder.

the APVMA consents to the information being given electronically; and

the person gives the information electronically in accordance with any requirements mentioned in subsection (3); and

in a case where this Code requires the signature of an applicant or holder—the information includes the electronic signature of the applicant or holder.

the person consents to the information being given electronically; and

the APVMA gives the information electronically; and

where applicable, the information includes the Chief Executive Officer’s electronic signature; and

in a case where a person’s failure to do, or not do, a thing set out in the information is an offence against this Code or the contravention of a civil penalty provision—the APVMA has adequate systems for proving the person received the information.

making or withdrawing an application;

making or lodging a claim;

giving, sending or serving a notification;

giving a report;

making a request;

making a declaration;

lodging or issuing a certificate;

giving a statement of reasons.

the results of any trials or experiments already carried out in a foreign country in relation to an active constituent for a proposed or existing chemical product, or in relation to a chemical product or any of its constituents;

any decisions or evaluations made by regulators of agricultural or veterinary chemicals in a foreign country;

any information on which a decision or evaluation mentioned in paragraph (b) is based;

any significant differences in the proposed use of the constituent, or of the product, in Australia and in that foreign country; or

any different environmental factors affecting the use of the constituent, or of the product, in Australia and in that foreign country; or

any significant additional information relating to the properties of the constituent, or of the product or of any of its constituents, that has become available since the conduct of those trials or experiments; or

any significant differences in the way decisions or evaluations are made in Australia and by the national regulatory authority in that foreign country.

contradicts any information that:

was given to the APVMA by the applicant in an application mentioned in paragraph (1)(a); and

relates to particulars prescribed by the regulations for the purposes of paragraph 19(1)(c) or 20(1)(c); or

shows that the constituent or product may not meet the safety criteria, the trade criteria or the efficacy criteria.

the holder of the approval of an active constituent for a proposed or existing chemical product or the registration of a chemical product; or

contradicts any information entered in the Record, Register or Record of Permits for the constituent or product; or

shows that the constituent or product may not meet the safety criteria, the trade criteria or the efficacy criteria.

the authorising party for the information; or

if the application is for re-approval of an active constituent or re-registration of a chemical product:

any period beginning on the day when the APVMA makes a requirement of the applicant in connection with the application and ending on the day when the requirement is complied with; or

any period during which the approval or registration concerned is being reconsidered as required by subsection 29H(1); and

the APVMA had refused the application; and

the APVMA had confirmed the refusal under section 166; and

the decisions mentioned in paragraphs (a) and (b) had been made on the day on which notice was given to the APVMA under subsection (3).

the period, stated in the notice given to the holder under subsection 32(1), within which information must be given and submissions may be made; and

if the APVMA has given written notice to the holder under subsection 33(1)—the period stated in the notice within which any information, report, results or sample must be given to the APVMA.

(a) a decision (the original decision) on a particular matter (the relevant matter) has been made under this Code on behalf of the APVMA by a member of the staff of the APVMA; and

the original decision is:

a decision under subsection 14(2), 26C(2), 29(2), 29E(3) or 115(3B) to refuse an application based only on requirements set out in paragraph 8A(a) or (b); or

a decision under subsection 112(3) to refuse an application based only on requirements set out in paragraph 8A(a) or (b) or a requirement made by the APVMA under subparagraph 111(1)(b)(iii); or

a decision under subsection 123(1A) to refuse an application based only on requirements set out in subsection 122(1); and

if the original decision were reviewable by the Administrative Appeals Tribunal, a person would be entitled to apply to the Administrative Appeals Tribunal for review of the original decision.

a decision under subsection 14(1) to approve or register a constituent, product or label:

with an instruction or relevant particular other than an instruction or particular set out in the application for the approval or registration; or

subject to particular conditions;

a decision under subsection 14(2) to refuse an application for approval or registration, other than a decision based only on requirements set out in paragraph 8A(a) or (b);

a decision under subsection 26C(2) to refuse an application to vary relevant particulars, other than a decision based only on requirements set out in paragraph 8A(a) or (b);

a decision under subsection 29(2) to refuse an application to vary relevant particulars or conditions, other than a decision based only on requirements set out in paragraph 8A(a) or (b);

a decision under subsection 29D(3) to refuse to accept a late application;

a decision under subsection 29G(1) to vary relevant particulars or conditions;

a decision under subsection 34A(1) or 34AF(3) to vary relevant particulars or conditions;

a decision under section 118, 119, 119A or 119B to suspend or cancel a permit;

an active constituent for a proposed or existing chemical product; or

a label for containers for a chemical product;

meet the application requirements; and

be made:

for re-approval—not earlier than 6 calendar months, and not later than 3 calendar months, before the date entered in the Record as the date the approval ends; or

for re-registration—not earlier than 6 calendar months, and not later than 3 calendar months, before the date entered in the Register as the date after which the registration cannot be renewed under Division 6; or

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

for re-approval—the day the approval ends; or

for re-registration—the day after which the registration cannot be renewed under Division 6.

stating that the application has passed preliminary assessment and that it will be determined under section 29F; and

setting out any matters prescribed by the regulations.

meet the safety criteria;

meet the trade criteria;

meet the efficacy criteria.

vary the relevant particulars or conditions of the approval or registration; or

for a chemical product—vary the relevant particulars or conditions of the approval of any label for the product.

reconsider the existing approval or registration under Division 4; and

give written notice of the reconsideration to the holder within 14 days.

set out the reasons for the reconsideration; and

state that:

for an approval—the approval will not end until the reconsideration has been concluded; or

for a registration—the date after which the registration cannot be renewed under Division 6 will be the day on which the reconsideration is concluded; and

state that, if the approval or registration is affirmed on reconsideration, the active constituent or chemical product will be re-approved or re-registered.

a statement that the constituent has been re-approved and the date of the re-approval;

the date the approval (as re-approved) ends.

be worked out in accordance with the method prescribed by the regulations; and

be the last day of a calendar month at least 7 years but not more than 15 years after the re-approval takes place.

a statement that the product has been re-registered and the date of the re-registration;

the date the registration (as re-registered) ends, which must be the last day of a calendar month not more than 12 months after the re-registration takes place;

(c) unless the product and each label for the product comply with the established standard for the product—the date (the last renewal date) after which the registration cannot be renewed under Division 6.

be worked out in accordance with the method prescribed by the regulations; and

be the last day of a calendar month at least 7 years but not more than 15 years after the re-registration takes place.

the end of an approval; and

the date after which a registration cannot be renewed (section 47B).

certain persons are taken to have a permit to possess, have custody of or use of the constituent or product for a limited period (section 47D); and

persons may only supply the constituent or product in accordance with instructions contained in the notice (section 47E).

the day entered in the Record as the date the approval ends;

if an application is made for re-approval of the active constituent but is not determined by the day entered in the Record—the day on which the application is determined.

the day entered in the Register as the date the registration ends;

if an application is made for renewal of the registration but is not determined by the day entered in the Register—the day on which the application is determined.

the registration of a chemical product ends; but

a person is taken under section 47D to have been issued with a permit to possess, have custody of or use the product;

(a) regulators of agricultural or veterinary chemicals of 2 or more foreign countries, being regulators who are prescribed by the regulations, have decided, within a 7 year period, to prohibit all uses of:

the same active constituent; or

one or more chemical products containing the same active constituent; and

the uses were prohibited because the active constituent:

was an undue hazard to the safety of people exposed to it during its handling or people using anything containing its residues; or

was likely to have an effect that is harmful to human beings; or

was likely to have an unintended effect that is harmful to animals, plants or things or to the environment; and

the active constituent is:

approved under this Code, but not approved or re-approved after the first of those decisions; or

contained in a chemical product that is registered under this Code, but not registered or re-registered after the first of those decisions; and

the approval or registration is not being reconsidered under Division 4.

(a) the date (the end date) entered in the Record or Register as the day the approval or registration ends;

(b) for a chemical product for which there is a date entered in the Register as the date after which the registration of the product cannot be renewed under last renewal date).Division 6—that date (the

the duration of the approval or registration; or

the period before the day after which the registration cannot be renewed.

the end of the approval of an active constituent;

the date after which the registration of a chemical product cannot be renewed under this Division.

invite submissions about whether or not:

the constituent should be re-approved; or

the product should be re-registered; and

specify the time by which the submissions must be given to the APVMA, which must be no later than 6 months before the existing approval or registration ends.

the end of the approval of an active constituent; and

the date after which the registration of a chemical product cannot be renewed under this Division.

set out the relevant particulars and conditions of the approval or registration; and

state:

the date the approval ends; or

the date after which the registration cannot be renewed under this Division; and

include any information prescribed by the regulations.

the date the approval or registration ends; or

the date after which the registration cannot be renewed under this Division.

the end of the approval of an active constituent;

the end of the registration of a chemical product.

be published as soon as practicable after the approval or registration ends; and

state that the approval or registration has ended; and

set out the date on which the approval or registration ended; and

contain instructions for possessing, having custody of or using the constituent or product; and

contain a warning of the consequences if a person fails to comply with the instructions, including a statement of any period after which it will be an offence against this Code to supply the constituent or product or to possess or have custody of the constituent or product with the intention of supplying it; and

contain any other warnings or explanations in relation to the constituent or product that the APVMA thinks desirable; and

contain any other information that the APVMA thinks appropriate.

as soon as practicable cause a copy of the notice to be given to the holder; and

cause a copy of the notice to be given to any other person who, in the opinion of the APVMA, should be given notice of the ending of the approval or registration and of the instructions, warnings and explanations contained in the notice.

1 year after the day on which the approval or registration ended; or

(b) the APVMA, by notice published in the Gazette, declares that this subsection ceases to apply in respect of the constituent or product;

subject to subsection (3), not later than one month, or a shorter period that the APVMA permits, before the registration ends; and

before the day entered in the Register as the day after which the registration cannot be renewed under this Division.

has been made for re-registration of the chemical product; but

has not been determined before the day by which the renewal application must be made;

if the application was made in accordance with subsection 48(2)—before the day entered in the Register as the day the registration ends; or

if the application was made in accordance with subsection 48(3)—within 1 month after the application was made.

giving information; or

producing a document or thing; or

answering a question asked by an inspector;

the information or answer given;

the document or thing produced;

the giving of the information or the answer, or the producing of the document or thing;

any information, document or thing obtained as a direct or indirect consequence of giving the information or answer, or producing the document or thing;

criminal proceedings, other than:

(i) proceedings for an offence against Criminal Code (which deal with false or misleading information or documents) that relates to this Act; orsection 137.1 or 137.2 of the

(ii) proceedings for an offence against Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act; orsection 149.1 of the

civil proceedings for a contravention of a civil penalty provision.

a copy sent by fax or other electronic means; or

a copy of a copy so sent.

a thing with respect to which an offence against this Act or the Collection Act has been committed or is suspected, on reasonable grounds, to have been committed;

a thing with respect to which a civil penalty provision has been contravened or is suspected, on reasonable grounds, to have been contravened;

a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of such an offence or contravention of such a civil penalty provision;

a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing such an offence or contravening such a civil penalty provision.

a warrant issued under section 69EHA; or

a warrant signed by a magistrate under section 69EHB, being a warrant of the same kind as would have been issued under section 69EHA.

a warrant issued under section 69EH; or

a warrant signed by a magistrate under section 69EHB, being a warrant of the same kind as would have been issued under section 69EH.

in relation to the exercise of monitoring powers—has the meaning given by section 69EAF; and

in relation to the exercise of investigation powers—has the meaning given by section 69EBD.

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.

any amounts paid to the APVMA, on behalf of the Commonwealth, under section 149A of the Agvet Codes;

(ca) particulars of any exercise of powers under Agricultural and Veterinary Chemicals Code Act 1994 during that year;section 131AA of the Code set out in the Schedule to the

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

the person fails to provide the information under that section.

in relation to an active constituent or chemical product prescribed by the regulations; or

to a person in respect of a particular year ending on 30 June if the total quantity of the active constituents that were, or were included in chemical products that were, imported, manufactured or exported by the person during that year was not greater than a quantity prescribed by the regulations for the purposes of this section.

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;

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.

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.

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 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;

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.