Document ID: chunk:federal_register_of_legislation:C2005C00491:clause:1_71
Version: federal_register_of_legislation:C2005C00491
Segment Type: clause
Provision Reference: sch 1 cl 71
Character Range: 31302–33603

71  The Schedule (subsection 34(5) of the Agvet Code)
Repeal the subsection, substitute:

 (5) If the NRA is satisfied that the relevant particulars or the conditions of the approval or registration can be varied in such a way that the requirements prescribed by the regulations for continued approval or registration will be complied with:
 (a) the NRA must vary the relevant particulars or conditions:
 (i) if the variation relates to the relevant particulars or the conditions of the approval of a constituent or the registration of a product—by entering in the relevant Record or Register particulars of the variation and the date on which the entry is made; or
 (ii) if the variation relates to the relevant particulars of the approval of a label—by placing in the relevant NRA file a new label containing the relevant particulars as varied and recording in that file the date on which the new label is placed in the file; or
 (iii) if the variation relates to the conditions of the approval of a label—by recording in the relevant NRA file particulars of the variation and the date on which the record is made; and
 (b) the NRA must:
 (i) state in the notice referred to in subsection (4) that, although it is not satisfied as mentioned in subsection (1), it is satisfied that the relevant particulars or the conditions can be so varied and has varied them accordingly; and
 (ii) set out in the notice details of the variation.

 (5A) The NRA may only vary the relevant particulars of the approval of a label if the interested person gives to the NRA a new label containing the particulars as proposed to be varied.

Note: Subsection 40(2) provides for the suspension or cancellation of the approval of the label if the interested person does not give the NRA a new label in accordance with a request by the NRA.

 (5B) If a variation of any relevant particulars or conditions under subsection (5) would affect any instructions for the use of an active constituent for an existing or proposed chemical product or for the use of a chemical product or any instructions on a label for containers for a chemical product, the NRA must not make the variation until it has consulted each co‑ordinator designated for a jurisdiction and taken into account any recommendations made by the co‑ordinators.