Document ID: chunk:federal_register_of_legislation:C2024C00524:section:82
Version: federal_register_of_legislation:C2024C00524
Segment Type: section
Provision Reference: s 82
Character Range: 97810–100108

82  APVMA may vary the Maximum Residue Limits Standard
 (1) The APVMA may vary the Maximum Residue Limits Standard to include or change a permitted maximum residue limit to cover the chemical product.

Variation is a legislative instrument
 (2) A variation made under subsection (1) is a legislative instrument.
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the variation: see subsection 54(1) of that Act.

Proposed variation
 (3) Before making a variation under subsection (1), the APVMA must notify the Authority of a proposed variation.

Dietary exposure assessment
 (4) The Authority must:
 (a) prepare a dietary exposure assessment of the proposed variation and give a copy of the assessment to the APVMA and the Forum on Food Regulation; or
 (b) if, with the Authority's agreement, a dietary exposure assessment of the proposed variation is prepared by another person or body:
 (i) review the assessment and prepare comments on the assessment (including comments relating to the dietary exposure risk of the proposed variation); and
 (ii) give a copy of the assessment to the Forum and, if the assessment is not prepared by the APVMA, give a copy of the assessment to the APVMA; and
 (iii) give a copy of the comments on the assessment to the APVMA and the Forum.
 (5) Before making a variation under subsection (1), the APVMA must:
 (a) if paragraph (4)(a) applies—consider the assessment; or
 (b) if paragraph (4)(b) applies—consider the assessment and the comments on the assessment referred to in that paragraph.

APVMA to give the Authority a copy of the variation
 (6) The APVMA must give a copy of a variation made under subsection (1) to the Authority.

Gazettal
 (7) In addition to the requirement under the Legislation Act 2003 for a variation made under subsection (1) to be registered, the APVMA must cause a copy of the variation to be published in the Gazette.

When variation commences
 (8) Despite subsection 12(1) of the Legislation Act 2003, a variation made under subsection (1) of this section commences on the day a copy of the variation is published as mentioned in subsection (7) of this section.