Document ID: chunk:federal_register_of_legislation:F2024C00959:reg:76
Version: federal_register_of_legislation:F2024C00959
Segment Type: reg
Provision Reference: reg 76
Character Range: 193906–196028

76  Period within which APVMA is to determine application
 (1) For the purposes of subsection 165(1) of the Code, the period for determining an application of a kind specified in column 1 of an item of the table in clause 2.1 of Schedule 6 is the period (if any) specified in column 2 of that item, subject to regulations 76A and 76B.
 (1A) Without limiting subregulation (1), a period specified in column 2 of an item of the table may be expressed as a period specified in, or worked out in accordance with, a legislative instrument made by the APVMA.
 (1B) If:
 (a) an application is of the kind mentioned in section 10 or 27 of the Code (the primary application); and
 (b) the applicant makes another application of the same kind as the primary application (the secondary application); and
 (c) the secondary application is made at the same time as the primary application; and
 (d) the applicant nominates the secondary application as an application related to the primary application; and
 (e) the chemical products to which the primary and secondary applications relate would have, if the applications were approved:
 (i) the same identifying information for the holder of the registration of the chemical products; and
 (ii) the same manufacturer; and
 (iii) the same address at which the chemical products are manufactured; and
 (iv) the same active constituent on the label of the chemical products;
then, the period applicable under subregulation (1) and applicable to the primary application also applies to the secondary application.
 (2) A reference in column 2 or 3 of an item of the table in clause 2.1 of Schedule 6 to a modular assessment period, is a reference to the modular assessment period in respect of the application to which that item refers, worked out in accordance with regulation 77.
 (4) Despite subregulation (1), if:
 (a) the APVMA receives an application for a permit in respect of a chemical product; and
 (b) the application is in respect of an emergency use of the chemical product;
the APVMA must determine the application as soon as is practicable in the circumstances of the case.