Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:3_145g:p1
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 3 cl 145G (pt 1/2)
Character Range: 390347–392960

145G  APVMA may require claims to be substantiated etc.
 (1) This section applies if a person has made a claim or representation in relation to:
 (a) a supply, or possible supply, of a chemical product by the person or another person; or
 (b) the manufacture of a chemical product by the person or another person; or
 (c) the safety or efficacy of a chemical product.
 (2) The APVMA may give the person who made the claim or representation a written notice that requires the person to do one or more of the following:
 (a) give information or produce documents to the APVMA that could be capable of substantiating or supporting the claim or representation;
 (b) if the claim or representation relates to a supply, or possible supply, of chemical products by the person or another person—give information or produce documents to the APVMA that could be capable of substantiating:
 (i) the quantities in which; and
 (ii) the place in which; and
 (iii) the period for which;
  the person or other person is or will be able to make such a supply (whether or not the claim or representation relates to those quantities, that place or that period);
 (c) give information or produce documents to the APVMA that are of a kind specified in the notice;
within 21 days after the notice is given to the person who made the claim or representation.
 (3) Any kind of information or documents that the APVMA specifies under paragraph (2)(c) must be a kind that the APVMA is satisfied is relevant to:
 (a) substantiating or supporting the claim or representation; or
 (b) if the claim or representation relates to a supply, or possible supply, of chemical products by the person or another person—substantiating the quantities in which, the place in which, or the period for which, the person or other person is or will be able to make such a supply.
 (4) The notice must:
 (a) name the person to whom it is given; and
 (b) specify the claim or representation to which it relates; and
 (c) explain the effect of sections 145GA and 145GB.
 (5) The notice may relate to more than one claim or representation that the person has made.
 (6) This section does not apply to a person who made the claim or representation if the person:
 (a) made the claim or representation by publishing it on behalf of another person in the course of carrying on a business of providing information; and
 (b) does not have a commercial relationship with the other person other than for the purpose of:
 (i) publishing claims or representations promoting, or apparently intended to promote, the other person's business or other activities; or
 (ii) the