Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:2_47a
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 2 cl 47A
Character Range: 153391–155635

47A  Varying duration—decisions of foreign regulators
 (1) This section applies if:
 (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:
 (i) the same active constituent; or
 (ii) one or more chemical products containing the same active constituent; and
 (b) the uses were prohibited because the active constituent:
 (i) was an undue hazard to the safety of people exposed to it during its handling or people using anything containing its residues; or
 (ii) was likely to have an effect that is harmful to human beings; or
 (iii) was likely to have an unintended effect that is harmful to animals, plants or things or to the environment; and
 (c) the active constituent is:
 (i) approved under this Code, but not approved or re‑approved after the first of those decisions; or
 (ii) contained in a chemical product that is registered under this Code, but not registered or re‑registered after the first of those decisions; and
 (d) the approval or registration is not being reconsidered under Division 4.
 (2) The APVMA must vary the following as necessary to meet the requirement in subsection (3):
 (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 Division 6—that date (the last renewal date).
 (3) The end date and last renewal date (if applicable) must be the last day of a calendar month in the period that begins 6 months and ends 18 months after the second of those decisions was made.
 (4) Neither the end date nor the last renewal date may be varied again under this section.
 (5) If the end date or last renewal date is varied, the holder must be given written notice of the date as varied at least 6 months before it occurs.
 (6) This section does not apply to extend:
 (a) the duration of the approval or registration; or
 (b) the period before the day after which the registration cannot be renewed.

Subdivision C—Notifying end of approvals and registrations