Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:2_34d:p1
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 2 cl 34D (pt 1/2)
Character Range: 55717–58459

34D  Exceptions

 (1) Section 34C does not prevent the NRA from using information for making a decision:
 (a) under section 14 or 29 about an application; or
 (b) under section 34 about a reconsideration of an approval or registration;
if a condition in subsection (2), (3), (4), (5) or (6) of this section is met.

Evidence of consent for use

 (2) One condition is that the applicant, an approved person or the interested person for the approval or registration gives the NRA a written statement by the authorising party of that party's consent to the NRA using the information for making the decision. This condition is met even if the authorising party:
 (a) later states that it has not consented; or
 (b) withdraws the consent (whether before or after the NRA is given the statement of consent).

Note: Chapter 7 of the Criminal Code creates offences relating to false and misleading statements and forgery.

Use in the public interest

 (3) Another condition is that the NRA is satisfied, having regard to the criteria (if any) prescribed by the regulations, that the use of the information is in the public interest.

Note: Section 34E sets out other rules that are relevant to the exception based on this condition.

Information does not favour the applicant or interested person

 (4) Another condition is that:
 (a) the decision relates to:
 (i) a proposed or existing approval of an active constituent for a proposed or existing chemical product; or
 (ii) a proposed or existing registration of a proposed or existing chemical product; and
 (b) the information meets a condition in paragraph 160A(4)(b) or (c) or 161(2)(b) or (c) (which are about showing that use or dealing with the product may have adverse effects or that the product may be ineffective), whether or not the information was given to the NRA under section 160A or 161.

Identical information whose use is not limited

 (5) Another condition is that the NRA is satisfied that there is identical information, or information to the same effect, whose use is not prevented by section 14B or 34C or Part 3.

Information given to NRA in connection with certain applications

 (6) Another condition is that the application mentioned in subsection 34C(1) was one of the following:
 (a) an application for approval, as an active constituent for a chemical product, of a substance that was a previously endorsed active constituent on the commencement of this Division;
 (b) an application for the variation of the relevant particulars or conditions of the approval of an active constituent for a chemical product;
 (c) an application for the registration of a companion animal product each active constituent for which was a previously endorsed active constituent at