Document ID: chunk:federal_register_of_legislation:C2024C00508:section:8s
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 8S
Character Range: 93552–95278

8S  Notice of certain proposed decisions
 (1) The APVMA must give the applicant written notice of what it proposes to do before it:
 (a) refuses an application, other than on preliminary assessment; or
 (b) approves or registers an active constituent, chemical product or label with instructions or relevant particulars other than those set out in the application; or
 (c) varies, under section 29, relevant particulars or conditions in a way other than set out in the application.
Note: For notices in relation to reconsiderations, see Division 4 of Part 2.
 (2) The notice must:
 (a) for notice under paragraph (1)(b)—set out the proposed instructions and relevant particulars; and
 (b) for notice under paragraph (1)(c)—set out the proposed variation; and
 (c) include a draft statement of reasons for the proposed course of action; and
 (d) set out the information on which the reasons are based (including information not given to the APVMA by the applicant); and
 (e) invite written submissions from the applicant within 28 days, or within such further period as is specified in the notice.
Note: This subsection does not authorise the disclosure of confidential commercial information whose disclosure would otherwise be prohibited by section 162: see section 8X.
 (3) The APVMA is not required to take account of anything given in response to the invitation under paragraph (2)(e) that is not related to information:
 (a) already given to the APVMA by, or on behalf of, the applicant; or
 (b) set out in the notice under paragraph (2)(d).
 (4) The APVMA is not required to comply with this section more than once in relation to a particular application.

Division 6—Listed chemical products and established standards