Document ID: chunk:federal_register_of_legislation:C2010A00113:clause:1_26a
Version: federal_register_of_legislation:C2010A00113
Segment Type: clause
Provision Reference: sch 1 cl 26A
Character Range: 6128–8725

26A  Applying for a change in certain relevant particulars
 (1) An interested person in relation to:
 (a) an approved active constituent for a proposed or existing chemical product; or
 (b) a registered chemical product; or
 (c) an approved label for containers;
may apply to the APVMA for variation of a relevant particular of the approval or registration if the relevant particular is of a kind set out in a legislative instrument made by the APVMA for the purposes of this section.
 (2) An application must:
 (a) be signed by an approved person; and
 (b) be accompanied by the prescribed fee (if any); and
 (c) be lodged with the APVMA.
 (3) Subsection (4) applies if:
 (a) in the case of an application that relates to an active constituent or registration of a chemical product—the APVMA is satisfied that, if those particulars were varied in accordance with the application, the continued use of, or any other dealing with, the constituent or product in accordance with the instructions for its use or for such a dealing:
 (i) 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
 (ii) would not be likely to have an effect that is harmful to human beings; and
 (iii) would not be likely to have an unintended effect that is harmful to animals, plants or things or to the environment; and
 (iv) would not unduly prejudice trade or commerce between Australia and places outside Australia; or
 (b) in the case of an application that relates to a label for containers for a chemical product—the APVMA is satisfied that, if those particulars were varied in accordance with the application, the use of the product in accordance with the instructions for its use would be effective according to criteria determined by the APVMA for the product.
 (4) If the APVMA is satisfied, as mentioned in subsection (3), the APVMA must:
 (a) both:
 (i) vary the relevant particulars; and
 (ii) record in the relevant APVMA file the relevant particulars as varied and the date on which the record is made; and
 (b) give the interested person a written notice that states that the relevant particulars have been varied.
 (5) If the APVMA is not satisfied, as mentioned in subsection (3), the APVMA must give the interested person a written notice that:
 (a) states that the relevant particulars have not been varied; and
 (b) sets out the reasons why the relevant particulars have not been varied; and
 (c) states that the interested person may apply to have the relevant particulars varied under Division 3 of this Part.