Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:1_112a:p2
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 1 cl 112A (pt 2/2)
Character Range: 109211–111248

the contravention of another law of this or another jurisdiction relating to chemical products; or
 (ix) 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
 (x) 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
 (xi) 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.
 (4) A reference in paragraph (3)(b) to a person convicted of an offence includes a reference to a person in respect of whom an order has been made relating to the offence under:
 (a) section 19B of the Crimes Act 1914; or
 (b) a corresponding provision of a law of a State or Territory.
Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.
 (5) However, the APVMA may issue the permit despite subsection (3) if, in the opinion of the APVMA, special circumstances make it appropriate to do so.
 (6) If the active constituent or chemical product in respect of which the permit is to be issued is approved or registered, the APVMA:
 (a) must, before issuing the permit, give written notice of its intention to do so to the holder of the approval or registration; and
 (b) must not issue the permit before the end of 28 days after the day on which the notice is given.
 (7) However, subsection (6) does not apply to the extent that, in the opinion of the APVMA, special circumstances make it appropriate to:
 (a) issue the permit without giving written notice to the holder of the approval or registration; or
 (b) issue the permit before the end of the 28 days.