Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:3_34n
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 3 cl 34N
Character Range: 259814–262036

34N  Explanation of Division
 (1) This Division provides for suspension and cancellation of approvals and registrations.
 (2) In most cases, the APVMA must not suspend or cancel an approval or registration without giving notice to the holder (section 34P).
 (3) In most cases, the APVMA must not suspend or cancel an approval or registration without giving notice to the co‑ordinators for other jurisdictions (section 35).
 (4) The APVMA may suspend or cancel an approval or registration:
 (a) if it is necessary to prevent imminent risk to persons of death, serious injury or serious illness (section 35A); or
 (b) if a condition of the approval or registration is contravened (section 36); or
 (c) if the holder does not comply with a requirement under section 32, 33, 159, 160A or 161 to give the APVMA information, a report or a sample (section 38); or
 (d) if the holder has given information that is false or misleading (section 38A); or
 (e) if primary and secondary holders cannot agree on compensation during the course of arbitration (section 39); or
 (f) if it appears to the APVMA that the criteria for approval or registration are not, or are no longer, satisfied (section 41); or
 (g) at the request of the holder if the APVMA agrees with the reasons for the request (section 42).
 (5) A suspension must be for a stated period, and does not prevent cancellation (section 43).
 (6) Section 44 deals with inter‑related suspensions and cancellations.
 (7) Suspensions and cancellations are done by entries in the Record, the Register and the relevant APVMA file (section 45).
 (8) Notice of suspension and cancellation must be given to certain persons and must be published in the Gazette (section 45A).
 (9) If the APVMA suspends or cancels the approval of a constituent or the registration of a product, then:
 (a) certain persons are taken to have a permit to possess, have custody of or use of the constituent or product for a limited period (section 45B); and
 (b) such persons may only supply the constituent or product in accordance with instructions contained in the notice provided by the APVMA under section 45A (section 45C).
 (10) Section 46 sets out how suspensions and cancellations are revoked.