Document ID: chunk:federal_register_of_legislation:F2022L00166:reg:5
Version: federal_register_of_legislation:F2022L00166
Segment Type: reg
Provision Reference: reg 5
Character Range: 4916–7331

5  Extension of protection period—registered agricultural chemical product
 (1) This section deals with extending the protection period in relation to protected information that is information or results that relate to an agricultural chemical product that has been registered.
 (2) For the purposes of paragraph 34KA(3)(a) of the Code, the provisions are the following:
 (a) subsection 26B(1) of the Code;
 (b) subsection 27(1) or (2) of the Code.
 (3) For the purposes of paragraph 34KA(3)(b) of the Code, the application must be seeking to vary instructions for use of the agricultural chemical product to add a use (the new use) of a kind covered by Division 2 of Part 3 of this order.
 (4) Subject to subsection (5), the protection period in relation to the protected information referred to in subsection (1) is extended if the APVMA varies those instructions for use to add the new use.
Note: See subsection (6) for the period of the extension.
 (5) The protection period in relation to the protected information referred to in subsection (1) is not extended if the total length of all previous extensions of that protection period is 5 years.

Period of extension
 (6) Subject to subsection (7), if a protection period in relation to protected information is extended under this section, the period of extension is as follows:
 (a) for each use of the agricultural chemical product concerned to which the extension relates that is covered by subsection 17(2)—6 months;
 (b) for each use of the agricultural chemical product concerned to which the extension relates that is covered by subsection 17(3)—12 months;
 (c) for each use of the agricultural chemical product concerned to which the extension relates that is covered by subsection 17(4)—18 months;
 (d) for each use of the agricultural chemical product concerned to which the extension relates that is covered by subsection 17(5)—6 months;
 (e) for each use of the agricultural chemical product concerned to which the extension relates that is covered by subsection 17(6)—6 months.

Overall extension limit
 (7) If the period of extension of a protection period in relation to protected information that would otherwise apply under subsection (6) would result in the total length of all extensions of the protection period in relation to that information being more than 5 years, then the period of extension is the remainder of that 5‑year period.